- 'Tis the voice we have lov'd and it bids us renew The sigh that to Friendship departed is due. "Dear shades of our Brothers! the call we obey With mournful affection the tribute we pay; While we think on the scenes of past joy, we renew The sigh that to Friendship departed is due. "Together we stray'd among Science's flowers, Together we joy'd in the gay social hours; 'Tis past and sad Memory comes to renew The sigh that to Friendship departed is due. "Yet long shall our hearts the remembrance retain And oft shall Affection repeat the sad strain; Oft shall Mirth make a pause - while we fondly in leather and containing 394 pages of beautifullywritten manuscript almost like copper-plate and as clear and distinct as when first inscribed. It is entitled "Critical Remarks by the Committee of Examination on Compositions, etc. Presented to the Calliopean Society. Volm 1." This society was composed of a number of the wits of that day living in New York city, and was organized just after the close of the War of the Revolution in 1787 for the purpose of meeting once a week and reading original essays and poems, which were then handed over to a committee for criticism. Possibly," also, there was at these meetings something to cheer the inner man. My grandfather, Peter Hawes, joined the society in October, 1793, as the first page shows. I am not aware that any records were previously kept. Among those who were members at various times, I note the names of James Swords, Thomas Gilbert, Stanton Latham, Richard B. Davis, Jotham Post, John Johnson, Matthew Lasher, T. R. Smith, William Paulding, Dr. Peter Irving, William Irving, John Pearsee, Jr., James Dodge and Messrs. Hammersley, Duryee and Masterton. On the 6th of December, 1795, the seventh anniversary of the society, a poem was read by Mr. Davis, "dedicated to the memory of our deceased brethren," Gerard De Peyster, Stephen Drake, Richard Drake, Baltus Van Kleeck, Doctor Joseph Youle, Abraham Skinner, Jr., John Camp and Levi Wayland. At the risk of wearying my readers, I here quote in extenso the poem and the critical remarks which precede it. "The unexpected manner in which this ode was introduced inhansed the pleasure it was calculated to excite. "The author judged rightly of the hearts and feelings of his fellow members. At a time when we were enjoying all the social gratifications attendant on the celebration of our annual festival, his heart must have been dead to all the calls of affection who would not, with pleasure, make a pause in his mirth and indulge a sigh to the memory of departed friendship. "The execution, as well as the intention of the piece, merits our warmest approbation. The expressions are such as flow from the heart and cannot fail of exciting sympathetic emotions in every Calliopean bosom. "The elegant and plaintive tune to which the words are adapted, being perfectly in unison with the sentiments and subject of the ode contributed also much to the satisfaction it occasioned. - renew The sigh that to Friendship departed is due." The last record in this wonderfully interesting old book reads as follows: "In Committee February 3d. 1799. 66 'PETER HAWES "JOHN PEARsee Jr. "Of the Committee. "R. B. DAVIS "Of the Society." Evidently most of the others were dead or had resigned, as my grandfather adds this significant and touching memorandum: "Extract from Dr. Johnson. "In our walk through life, we have dropped our companions, and are now to pick up such as chance may offer to us, or travel alone." If time and space permitted, I should like to quote at greater length some of the compositions presented to the Calliopean Society and thus handed down to posperity. I shall content myself with an extract from an "Essay on Money," which shows that the "root of all evil" was recognized even then. Notice also the peculiar spelling of certain words. 66 "NO. XCVI. "ESSAY ON MONEY, signed TRIM SHARP. "Money answers all things.' Solomon. Written in a correct stile of agreeable humor with this pleasing addition that the wit it contains, though sprightly and pointed, is neither personal not illiberal. It commences with an apostrophe to money, describing several of its effects, which is followed by examples taken from the learned professions and other classes of Society, the last of which is that of a mutual and virtuous passion disappointed, and a blooming young lady sacrificed to age and deformity for the sake of money. But the subject, however, well managed, wants that charm of novelty which gives life and spirit to a composition of this kind. The power of money is a theme so often treated, that it would be difficult for the Hark, they call! and Remembrance awakes at the most eccentric genius to place it in a point of view "H. Y." "At the Feast of the Soul, where Affection presides, Where Science enlightens, & Sympathy guides, Let Mirth make a pause-let Nature renew The sigh that to Friendship departed is due. "See they come! the bright Spirits fleet fondly around; sound; in which it has never been seen before. This action was brought to recover £500 debt on bond. Both parties employ Attorneys, and the suit proceeds. Plaintiffs Attorney declares; Fee 10 Dollars. Defendant Pleas, fee 20 Dollars. Plf. replies, fee 30 Dollars. Defdt. rejoins fee 40 Dollars. To this the Ptf. demurs for want of a fee. The cause is made a concilium and set down for argument. Judgment on demurrer for Deft. with costs and all for want of another fee!! "It is needless to take a view of Merchants, Insurers, Brokers, Speculators, Land Jobbers and Usurers, with their retinue of Clerks; as their object is openly and avowedly the pursuit of money. It is their ultimatum, their spring of action, their life and soul. Like Peter Brown's loaf it is their richest meat and their wholesomest liquor. They eat of it, they drink of it, and when they sleep they dream of it. "We should be happy to have frequent opportunities of perusing this author's works, and hope he is sincere in the promise with which he concludes. Having in this essay shewn you that money is the one thing needful, I shall in my next inform you how to acquire it.' "D." Weightier matters of the law soon engrossed the time and thoughts of Peter Hawes. He organized the "Washington Insurance Co.," one of the oldest fire insurance companies in the United States, and remained its secretary up to the time of his death, some thirty years later. His law office was in his house at the southeastern corner of John and William streets, on "Golden Hill" of Revolutionary fame, now occupied by a huge skyscraper. But the Calliopean Society was allowed to languish and expire without formal dissolution, and this volume is all that now remains to charm the antiquarian and to give a glimpse of the literary diversions of our ancestors one hundred years ago. GILBERT RAY HAWES. He was a native of Newry, and he died August 10, 1900, in the sixty-eighth year of his age. He joined the English bar in 1859; he immediately rose to its leadership, and for many years before his elevation to the bench, was recognized as the greatest advocate at the English bar. He was made attorney-general in the liberal government of 1885-86, and again in that of 1892. In 1894 he succeeded the late Lord Bowen as a lord of appeal in ordinary, and a few months later he was appointed Lord Chief Justice of England, on the death of Lord Coleridge. The English press announced his death in terms of highest praise. The London Times said: "An impressive and virile personality has disappeared from the English bench. Lord Russell, of Killowen, has, for a full generation, occupied a very high place of late perhaps the very highestamong the representatives of the legal profession in this country. At the bar he was, beyond dispute, the most powerful and the most successful advocate of his day. On the bench he was, in point of dignity and force, a not unworthy successor of the greatest of the great men who have filled the office of chief justice of England. perhaps not in "No English lawyer of our time any time was better known than Lord Russell — we do not except even Lord Stowell. As counsel and as arbitrator he was conspicuous in international arbitration of historical importance, and he always worthily upheld the dignity of this country. His conduct in the Behring sea arbitration was masterly, exciting the admiration of the American lawyers, his opponents, as well as the arbitrators. In the Venezuelan case, as arbitrator, he was equally successful, and it seemed as if events had marked out for him, had he lived, a new and great career as a trusted mediator in the disputes of the world. "With one voice the bench and bar of England to-day will say of the late chief justice, he had Dated 120 BROADWAY, NEW YORK CITY, January noble instincts, he maintained the traditions of Eng I, 1901. THE LATEST TRUST. An esteemed correspondent calls our attention to what he terms the latest trust, formed in violation of law, for the purpose of publishing the Combination Reports, and asks whether State officials who thus violate the anti-trust laws are not amenable to the penalties therein provided. We may be able to throw some light on the question in a future issue. lish justice; he loved the best in public and private life; and while ever a fighter, ever passing from struggle to struggle, there was in him a great fund of tenderness, a remarkable capacity for winning and keeping affection. "To illustrate the fervor with which he threw himself into his client's case, his defense of Mrs. Maybrick may be mentioned. A stranger to criminal courts, he defended her before a hostile judge, the late Mr. Justice Stephen, with more than his usual energy; and when she was convicted it may be doubted whether she suffered more than her advocate. He seemed for a time stunned and shattered; in place of his usual confidence and spirit were nervous depression and anxiety as to whether he had not made a serious mistake as to a certain statement. Nor did his interest in his client end with her conviction. Persuaded that the trial had not been in all respects satisfactory, he never ceased to labor for her release; and he could not forgive the home office for its lack of appreciation, as it seemed to him, of the merits of her case." The Bench and Bar spoke also in a similar vein: "Mr. Justice Wright, on taking his seat in court, said that it was impossible to do so without saying a word on a subject which had caused the widest and deepest regret. We have to deplore,' continued his lordship, the loss of the Lord Chief Justice of England. He started with no advantages, except his own strength and ability, and attained a wholly unique position as head of the English bar, being the greatest of our time and equal to the greatest of any time. In parliamentary and in public affairs in troubled times he bore a great, a noble and a distinguished part. With universal approval he was appointed to high judicial office, and was recognized by the whole profession and the public as a worthy successor of a great line of chief justices of this country. A man of singular force and power of eloquence, combined with single-minded devotion to duty and the public good, he was in private as in public life the kindest and the most tolerant of men.' has so well expressed for us both, because my rela- "Mr. Justice Day, referred to the sudden and lamented death of Lord Russell, of Killowen, Lord Chief Justice of England, and said that the death of the Lord Chief Justice was a most unexpected event and had come as a great shock to him and the whole bar. He had been suddenly taken away from his short career upon the bench, during which time he had most eminently distinguished himself. He was regarded with high esteem and affection by both the bench and the bar, and was a man who, when promoted to the bench, it was hoped and expected would be spared to rule over it for many long years. It was not the time to dilate on the many abilities of the Lord Chief Justice, especially when he was speaking to men who knew him as well as he did. He had won the admiration and esteem of all, and he (the learned judge) was only expressing the views of those who heard him in testifying to the regard and esteem in which the Lord Chief Justice was held by all who had known him, and they could only hope that in the world he had gone to he would be even happier than here. "Mr. Justice Kennedy, in Queen's Bench Division, who spoke under strong emotion, said: 'It is impossible for us this morning to be unmoved by an event which causes an irrevocable loss, not merely to the bar and to the bench, but to the whole country. For myself, I am embarrassed by personal feeling of the strongest kind. Lord Russell, of Killowen, was one of the leaders of the Northern Circuit when I had the honor of joining it, and I speak the sentiments of every member of that circuit when I say that a kinder friend, a more generous opponent and a brighter example of what a leader should be will not be found amongst those who figure in the records of the circuit. Personally I owe him a great debt, and his kindness to me was extended while his life lasted. We have lost a great chief justice, one whose marvelous grasp of facts, whose equally marvelous power of statement, and whose unsurpassed genius for striking at the heart of every question will make his work complete and memorable, whether it is looked at in the time of his labors as an advo- | Clarke, the senior member of the bar present, said, cate or in the period of his efforts as a judge. There will be but one feeling there can be but one feeling everywhere — that we have lost one of the greatest of a great roll of chief justices, one who, alike as a man and as a judge, deserves the higher praise than any words of mine can convey.' Mr. Justice Darling said: 'I should like to add a word in supplement to what my brother, Kennedy, "Mr. Justice Gorell Barnes, upon taking his seat, in the Admiralty Division, addressing Sir Edward in tones of deep emotion: Sir Edward, I am most deeply grieved at that which I have only this moment heard; I mean the great loss which we have sustained in the death of the Lord Chief Justice, Lord Russell, of Killowen. No words of mine can express how much his loss will be felt. His great services to our country, his splendid career both as an advocate and as a judge, and his distinguished ability, so well known to us all, I am sure will make his loss most severely felt by everyone. I myself have had advantage of knowing him and of being associated with him ever since my first recollection at the bar; and now I have to refer to his sad and unexpected death. His memory will always be held in the highest honor by all.' her farther retention in prison. Those whose confidence he shared, and who have seen the various statements he filed with the English home office, in favor of her immediate release, and which are now on file, speak of them as masterly and unanswerable arguments, and the London Times, in this regard, speaks truly when it says, that "he could not forgive the home office for its lack of appreciation, as it seemed to him, of the merits of her case." It is perhaps true that he, foreseeing that his enemies among her majesty's ministers and their advisers, who held their animosity to him higher than the claims of the unfortunate prisoner, might thwart all his efforts for her deliverance, and that he, for this reason, left in her hands the written statement of his deliberate declaration, on the official paper of his high office, that her release ought to have been granted, and that she ought never to have been convicted, so that when death came, the hand of the dead chief justice might prove more powerful than - [From adthe splendid labors of the living one.— vance sheets of the Medico-Legal Journal and Vol. VII, Bell's Medico-Legal Studies.] "Sir Edward Clarke, Q. C., who was greatly affected, said: 'I wish to say a word, my lord, on behalf of the bar, although I find a difficulty in doing so- for I am speaking of one who was for years my companion and my rival at the bar - sometimes my antagonist and always my friend. When Charles Russell was at the bar we all admired him. He was a great advocate — an intrepid advocate-sparing nothing to serve his client; a man of great energy, of inexhaustible industry, a brilliant speaker and one whose oratory was formed and lightened by literary associations. And, my lord, when he passed from our ranks and became a judge we rejoiced at his promotion; we were, however, in no way surprised to find that he displayed the even greater qualities of a judge. There was still the same energy, the same intrepid desire that justice should be done, and he had in him all the qualities of a great judge. It is a loss we all deplore - it is a national loss. Your THE PEOPLE, ETC., vs. HANS LIMBURGER. lordship has referred to his services to our country when representing it on great occasions abroad. Those services, I am sure, will never be forgotten. Those who knew Charles Russell at the bar, and admired him as a judge, holding the greatest purely judicial office in this country, will never cease to regret his loss." In America no man at the British bar or upon the English bench stood higher than Lord Russell. He had endeared himself to a large number of personal friends in this country. The sterling qualities which had placed him at the head of the bar of England, as an advocate, and in the highest judicial place in England, won from our people a warmer feeling than existed, as it seems to us, even in England. His warm and persistent advocacy of the release of Mrs. Maybrick, against an unaccountable and unexplainable opposition in the English home office, had greatly endeared him to thousands of Americans, who, like him, firmly believed, not only in her innocence, but in the illegality of her conviction. With that self-respect for his official position, which, with a narrower man, might have led him to inactivity in her behalf, because of his former relation, as her counsel at the trial, he felt a natural reserve against the public expression of his views of the illegality of her conviction, and the injustice of her imprisonment, while on the bench as Lord Chief Justice, but never for one moment did he falter or waver, during every administration, to denounce to the English government and home minister, her detention in prison, nor cease to pronounce, as the head of the judiciary of England, the illegality of her conviction, nor the injustice of TH HIS odoriferous suit, under the technical title of "Trustees of Ward v. Crawford et al.," has just been decided by the Appellate Division of the Supreme Court in New York city. The plaintiffs applied at Special Term for an injunction to compel the defendants to eject from its cheese factory in Seventeenth street, Manhattan borough, the noisome limburger, on the ground that he was an insufferable nuisance, but that court held that the plaintiffs were too weak to stand up against the defendants' strong kase when the latter was aired in court, and the court threw the kase out of court, summarily dismissing the complaint. This dismissal has been affirmed by the Appellate Division, two of the judges dissenting, however, Judge Hatch writing the dissenting opinion, in which he says: "The odor from limburger cheese, when it is given a fair opportunity to spread itself, is overwhelming. It is evident that the witnesses for the plaintiffs were baffled in their attempt, by lack of power, to describe the overwhelming odor." Judge McLaughlin, for the majority of the court, says it is well settled that an appellate court is not justified in reversing a lower court merely on a question of fact, unless it shall be clear that the decision was against the weight of evidence. It is understood that the kase wil go to the Court of Appeals, and in the meantime, and until that august tribunal shall have a taste of the pungent compound for ultimate legal analysis, limburger hold the fort"- that is to say, the factory, will the plaintiffs and their neighbors, the while, holding their ol-factories as best they may. As to the weight of evidence, it may be said that the conceded fact that there were 5,000 pounds of limburger kept in the factory ought to outweigh a whole theatre of others "- indeed, one potent fact, like this one, is in law, as well as in logic, worth a thousand theories in the domain of scientific investigation. When a court of equity is obliged to hold its nose at the approach of a litigant like limburger, then it certainly must be justified in taking judicial notice of his mal-odorous presence and overpowering influence in the community. Of course, there is more than one side to every kase in whatever form it may be presented. Figuratively speaking, justice is blind, but the dispassionate and impartial goddess is not supposed to be bereft of the sense of smell. The mind is apt to be clouded by the controlling THE influence of the sense of smell as it is by that of the sense of sight - and the judges are but men and the courts are aware of the fact, no doubt, that limburger is a powerful factor, both at home and abroad, gastronomically and commercially, notwithstanding some people regard him with averted countenance and denounce him with contemptuous epithet, and he is not to be "sneezed at" with impunity. Impalpable as air, there is no withstanding the presence of Hans Limburger - he is puissant and well-nigh invulnerable and he cannot be put down by those who hate him, but only by those who "love him for the enemies he has made." In vulgar phrase "it is no cinch" for the judges to determine whether or no limburger is a nuisance in the eye of the law-for he is innocuous to the sense of sight, whatever else may be said of his objectionable habits and characteristics — and it is as much a riddle as that put forth by Samson, "Out of the Eater came forth meat and out of the Strong came forth sweetness (Vide the Book of Judges, Ch. XIV). If this kase had been tried before a jury and that eminent poet-lawyer of Greater New York, Mirabeau L. Towns, retained by the defense, he would have, as is his wont, glorified his client and his client's cause, something after this fashion: When we are faint and weary With this world's ceaseless strife; When we are tired of life; And get up on our ear;" A spirit sweet and strong' M. A. GEARON. HISTORY OF CAVEAT EMPTOR IN BY CHARLES HENRY TUTTLE. T IS, perhaps, a truism to remark that the early courts of common law were far less willing, and, indeed, less able to open and review completed transactions. The hard angularity of the early forms had not yet been smoothed away by equitable analo- pliment, caveat emptor, that this enforced desire for Coke, Co. Lit. 102a, the earliest authority on the subject is unmistakable. "The common law bindeth him (the seller) not unless there be a warranty, either in deed or in law, for caveat emptor." Noy's Maxims, C. 42, puts it almost brutally, "If I take the horse of another and sell him, and the owner take him again, I may have an action of debt for the money, for caveat emptor." These conclusions were often echoed by the courts. In Walker's Case (3 Co. Rep. 22a) it was said: "Unless the seller knew the goods to be the property of another or warranted them, the rule is caveat emptor." Again, in Ormod v. Huth (14 M. & W. 651), Tindall, C. J., states very positively "that where, upon the sale of goods the purchaser is satisfied without requiring a warranty (which is a matter for his own consideration) he cannot recover," for "caveat emptor applies." It is true that all these remarks were merely talking and not deciding, but the expressions of |