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168 the names of those who had during the month offered wax-candles at the shrine. Four-fifths of those who offered these candles and paid the price, had tortillas plain, or an ear of boiled corn for their dinner, dirty rags for clothing, and the earth for a bed. God be thanked, the last great temple of any faith has been built on earth from the sweaty and blood of the toiling millions, and these things shall not be for all time.

From San Juan de los Lagos we proceeded, on the 30th of October, to Lagos, thirty-six miles eastward toward Guanajuato, arriving at 5 Here we had intended to remain all night and go on at sunrise; but of the three carts conveying our bedding and extra luggage, only one got through before morning, the others being out all night in a driving rain, and stuck fast, in the mud and darkness. This delayed us so that we were compelled to pass the day in the handsome house which the citizens, who met us in carriages outside the city, had placed at the disposal of the party.

The city of Lagos has a population of all hues and ages, estimated at eighteen thousand, and of course supports half a dozen churches, whose bells keep up an incessant ding-donging from morning to night. The finest of these is the Parochial Church, an immense structure, larger even than the cathedral at San Juan de los Lagos, built on the same plan, and only second to it in costliness and elegance. It was founded in 1784, and the spires of cut stone, like those at San Juan, are as yet only two-thirds finished; they are still at work upon them. The interior is exquisitely beautiful, with pale blue and gold ceilings, carvings and statuary, tiled floor, and vaulted fretwork roof. The congregation, assembled at the early morning mass, are even more


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Rh ragged and devout than that at San Juan; hardly a single representative of the richer and better educated classes being present.

The specialty of this church is its Saint. I forget his name, but the record posted on the walls shows that he was a Roman soldier who suffered martyrdom for his faith (Christian, of course, though that is not stated,) in Rome, so the record affirms. His body was found by miracle, A. D., 901, preserved as if he were but just defunct, and he was canonized as a saint.

From Rome the body was carried to Spain, and from thence brought to Lagos and placed on the altar with the Bishop's own hands eighty years ago. The body is inclosed in a magnificent casket about five feet long, by three broad, and four high, with sides of glass, and corners and top of richly gilded metal. As a special favor to Mr. Seward, the doors before the casket, as it stands in the wall, were opened, and we went up and looked into it, while hundreds of awe-stricken worshipers knelt and crossed themselves in silent adoration.

From a close inspection of this remarkably well-preserved specimen, I am able to draw the following conclusions: First, that the ancient Roman soldiers were about four feet, eight or nine inches in height—not over five feet—allowing a fair margin for shrinkage; second, that they had no beard, and their faces were as delicate as that of a girl; third, that they had wax teeth, finger and toe-nails, and cuticle on hands, face, and shins, and wore gilt pasteboard tunics, and coats of mail, silk stockings, and fancy bootees. I respect every man's religion, and mean no disrespect for this illustrious deceased as a saint, but as a soldier I cannot refrain from the remark, that if he was in life a fair specimen of the

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170 Roman troops, I would back the National Guard, Capt. Ben Pratt, of San Francisco, or the MacMahon Guard, Gen. Cazneau, of the same place, to give odds and knock the starch out of the entire phalanx. Of course such men could as bravely die for their faith as if they weighed three hundred pounds, and measured six feet two inches in their stocking-feet, each; nevertheless, I am no longer surprised at the overthrow of Rome by the Goths and Vandals, since I have seen what kind of fighting stock they had.

One thing is apparent in these churches of Central Mexico, at the first glance, viz,: that the people who come there to worship are in earnest, and not hypocrites or doubters. They accept the whole faith as it is taught them, without hesitation or mental reservation, and never seek to evade its responsibilities, or hide the fact of their faith when in the presence of unbelievers. For that I honor them above many of my own countrymen and countrywomen.

Sunday is the great market-day in Lagos, and no sooner is morning service over than the two plazas and the streets between them swarm with buyers and sellers. Venders of peanuts, peppers, yams, vegetables, bread, tortillas, and fruits of all descriptions, raise enormous umbrellas, in shape exactly like those of the Chinese, covered with matting, and ten or twelve feet across, upon stout poles, spread out their little stocks on the pavement, and hour after hour cry their wares, announcing in a loud voice how much of any given thing they sell for a claquo or quartilla, a cent or three cents. Earthenware, charcoal, sugar, salt, and other goods are sold in one plaza, dry goods in another, and beef in little shops on a street between the two. Men


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Rh with piles of rebosas on their shoulders, walk up and down among the crowd, and others, with brilliant-hued serapes and ponchos, hang their goods against the walls, while young girls and old women, nearly all with infants at their breasts, sit on the curb-stones and sell hot soups, etc., from jars, for half a cent a bowl.

We left Lagos Nov. 1, for a thirty-six mile ride to Leon, being led to expect a fine ride and easy trip. To cut off three or four blocks, the driver avoided the fine, new bridge and drove directly into the river, which came up to the body of the stage and was quite rapid and broad. The mules, suspicious of the security of the bottom, baulked in the middle of the stream, and not all the lashing by a half-dozen volunteer cockeros and postilions, and curses and blasphemy enough to sink a ship, would start them a foot. We were taken off in boats, and no sooner were we landed than we saw the pig-headed mules start up of their own free will and walk majestically ashore. Perhaps their hides did not suffer for that freak.

Then we entered a broad alameda lined with immense trees of the variety known farther north as the California pepper tree, but here as the Peruvian, which has drooping limbs and foliage, giving it the graceful appearance of the weeping willow, and is at this season covered with long clusters of bright red berries which inclose the pungent black pepper grains. This alameda is flanked by ditches inclosing cultivated fields, which are higher than the road. Of course we found it a river of mud and water, and almost impassable.

We had not gone a mile before we found our three luggage cars which had started before daylight all down in the mud and unloaded. Pleasant prospect indeed!


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172 After more than three miles of floundering in the mud, running along the embankments, and climbing in and out of the stage, we reached higher ground at noon, and went on more comfortably, over an open, rolling country wholly devoted to stock raising, until we reached the boundary of the State of Jalisco, and entered the State of Guanajuato, nine miles from Leon.

Just at this point, we saw a body of troops moving along the road in advance of us. When they discovered us, they made off at full speed and disappeared. A mile further on, I saw some of them peeping at us from behind a stone wall, and we subsequently learned that in order to give an appearance of perfect safety, to the road—our regular escort left us at Lagos, and returned to Guadalajara—they had been instructed to keep out of our sight entirely, and we were to travel through the State of Guanajuato without any apparent escort.

Seven miles from Leon we came out upon the summit of a range of broken hills, and looked down into a lovely valley, highly cultivated, filled with fields of green, growing grain, and tall ripe maize, and dotted here and there with rich and beautiful, white-walled haciendas.

Entering the city, we found, for the first time in our journey, no deputation with carriages waiting to receive the party, and drove directly to the magnificent house just finished and beautifully furnished for the occasion—fronting on the grand plaza—which had been prepared for us. The Prefecto Politico of Leon, Col. Rosado, and a deputation of the ayuntamiento, called at once to say that they had not received the telegram announcing the departure of Mr. Seward from Lagos,


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 non-coincidental apparitions of the living who do not happen to be in any particular crisis. In these instances it cannot be demonstrated that telepathy has not been at work, as when a person is seen at a place which he thought of visiting, but did not visit. F. W. Myers even upheld a theory of psychorhagy, holding that the spirits of some persons have a way of manifesting themselves at a distance by a psychic invasion. This involves, as he remarked, paleolithic psychology, and the old savage doctrine of animism, rather than telepathy (see Myers, Human Personality). Of belief in coincidental hallucinations or wraiths among savages, records are scanty; the belief, however, is found among Maoris and Fuegians (see Lang, Making of Religions). The perception of apparitions of distant but actual scenes and occurrences is usually called (q.v.). The belief is also familiar under the name of second sight (see ), a term of Scots usage, though the belief in it, and the facts if accepted, are of world-wide diffusion. The apparitions may either represent actual persons and places, or may be symbolical, taking the form of phantasmic lights, coffins, skeletons, shrouds and so forth. Again, the appearances may either represent things, persons and occurrences of the past (see ), or of the present (clairvoyance), or of the future (see ). When the apparitions produce themselves in given rooms, houses or localities, and are exhibited to various persons at various times, the locality is popularly said to be haunted by spirits, that is, of the dead, on the animistic hypothesis (see ). Like the other alleged facts, these are of world-wide diffusion, or the belief in them is world-wide, and peculiar to no race, age, or period of culture. A haunted place is a centre of permanent possibilities of hallucinations, or is believed to be so. A distinct species of hauntings are those in which unexplained sounds and movements of objects, apparently untouched, occur. The German term  (q.v.) has been given to the supposed cause of these occurrences where the cause is not ascertained to be sportive imposture. In the performances of modern spiritualists the Poltergeist appears, as it were, to be domesticated, and to come at the call of the medium.

An intermittent kind of ominous haunting attached, not to places, but to families, is that of the banshee (Celtic) or family death omen, such as the white bird of the Oxenhams, the Airlie drummer, the spectral rider of Clan Gilzean, the rappings of the Woodde family. These apparitions, with fairies and djinns (the Arab form of fairy), haunt the borderland between folk-lore and psychical research.

So far we have been concerned with spontaneous apparitions, or with the belief in them. Among induced apparitions may be reckoned the materialized forms of spiritual séances, which have a material basis of veils, false moustaches, wigs and the corpus vile of the medium. It is also possible that mere expectancy and suggestion induce hallucinatory perceptions among the members of the circle. That apparitions of a sort can be induced by hypnotic and posthypnotic suggestion is certain enough (see ). Savages produce apparitions in similar ways by suggestion, accompanied by dances, fumigations, darkness, fasting, drugs, and whatever can affect the imaginations of the onlookers (see ). Both in savage and civilized life, some persons can provoke themselves into beholding apparitions usually fantastic, but occasionally coincidental, by sedulously staring into any clear deep water, a fragment of rock crystal, a piece of polished basalt or obsidian, a mirror, a ring, a sword blade, or a glass of sherry (see ). Indeed any object, a wall, the palm of the hand, the shoulder-blade-bone of a sheep, may be, and has been used to this end (see ).

Almost all known apparitions may accommodate themselves to one or other of the categories given, whether they be pathological, coincidental or spontaneous, induced, permanently localized, or sporadic.

APPARITOR, or (Latin for a servant of a public official, from apparere, to attend in public), an attendant who executed the orders of a Roman magistrate; hence a beadle in a university, a pursuivant or herald; particularly, in English ecclesiastical courts, the official who serves the processes of the court and causes defendants to appear by summons. APPEAL, in law. In the old English common law the term “appeal” was used to describe a process peculiar to English criminal procedure. It was a right of prosecution possessed as a personal privilege by a party individually aggrieved by a felony, a privilege of which the crown could not directly or indirectly deprive him, since he could use it alike when the prisoner was tried and acquitted, and when he was convicted and pardoned. It was chiefly known in practice as the privilege of the nearest relation of a murdered person. When in 1729 (after Colonel Oglethorpe’s inquiry and report on the London prisons) Banbridge and other gaolers were indicted for their treatment of prisoners, but were acquitted for deficiency of evidence, appeals for murder were freely brought by relatives of deceased prisoners. In the case of Slaughterford (1708) the accused was charged with murdering a woman whom he had seduced; the evidence was very imperfect, and he was acquitted on indictment. But public indignation being aroused by the atrocities alleged to have been perpetrated, an appeal was brought, and on conviction he was hanged, as his execution was a privilege belonging to the prosecutor, of which the crown could not deprive him by a pardon. In 1818 an appeal was ingeniously met by an offer of battle, since if the appellee were an able-bodied man he had the choice between combat or a jury (see ). This neutralizing of one obsolete and barbarous process by another called the attention of the legislature to the subject, and appeal in criminal cases, along with trial by battle, was abolished in 1819. The history of this appeal is fully dealt with in Pollock and Maitland, History of English Law, 1898.

In its usual modern sense the term appeal is applied to the proceeding by which the decision of a court of justice is brought for review before another tribunal of higher authority. In Roman jurisprudence it was used in this and in other significations; it was sometimes equivalent to prosecution, or the calling up of an accused person before a tribunal where the accuser appealed to the protection of the magistrate against injustice or oppression. The derivation from appellare (“call”) suggests that its earliest meaning was an urgent outcry or prayer against injustice. During the republic the magistrate was generally supreme within his sphere, and those who felt themselves outraged by injustice threw themselves on popular protection by provocatio, instead of looking to redress from a higher official authority. Under the empire different grades of jurisdiction were established, and the ultimate remedy was an appeal to the emperor; thus Paul, when brought before Festus, appealed unto Caesar. Such appeals were, however, not heard by the emperor in person but by a supreme judge representing him. In the Corpus Juris the appeal to the emperor is called indiscriminately appellatio and provocatio. A considerable portion of the 49th book of the Pandects is devoted to appeals; but little of the practical operation of the system is to be deduced from the propositions there brought together.

During the middle ages full scope was afforded for appeals from the lower to the higher authorities in the church. In matters ecclesiastical, including those matrimonial, testamentary and other departments, which the church ever tried to bring within the operation of the canon law, there were various grades of appeal, ending with the pope. The claims of the church to engross appeals in matters trenching on the temporal rights of princes led to continual conflicts between church and state, terminated in England at the reformation by the suppression in 1534 of appeals to Rome, which had previously been discouraged by legislation of Edward III. and Richard II.

In temporal, as distinct from spiritual matters, it became customary for ambitious sovereigns to encourage appeals from the courts of the crown vassals to themselves as represented by the supreme judges, and Charlemagne usually enjoys the credit of having set the example of this system of centralization by establishing missi dominici. It is not improbable that his claim was suggested or justified by the practice of the Roman empire, to the sovereignty whereof he claimed to be successor.

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Rh and that we had arrived many hours sooner than expected, which accounted for the apparent neglect to send out carriages to meet the coach.

This city, during the war, under the wise administration of Gen. Doblado who tolerated all classes who obeyed the laws, irrespective of Republican or Imperialist tendencies, gained largely in population, and is now one of the most prosperous, or least unprosperous towns in the country. The population of the city proper is eighty-two thousand, or two thousand more than that of Guadalajara, and the smaller towns in the suburbs swell the population of the municipality to one hundred thousand or more. There are very few rich families, most of the people being tradesmen, boot-makers, saddlers, hat-makers, rebosa and serape weavers, workers in metal, etc., etc. There are many pure white families, and the average complexion of the population is much lighter than in the towns nearer the Pacific coast.

The country around has been much afflicted with robbers, but Col. Rosado, acting vigorously in conjunction with other State and Federal authorities, is fast thinning them out. Only a month or two since he discovered the existence of a band of seventy of these gentry in a cave near the road to Guanajuato, telegraphed to the three principal towns in the vicinity, organized a simultaneous attack upon them, and captured them all at a blow. He took his share of the captives to Leon, and tried and shot them; but those taken to some of the other towns were, after some ceremony, set free, probably to resume the practice of their profession.

The town appears very orderly, and is well and compactly built. It has some old convent buildings, now


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174 converted into free schools, and one immense church, and several minor ones. I was disappointed in these churches. The largest has beautiful colored glass memorial windows, the pictures being of the highest grade of merit, and many rich paintings, but otherwise it does not equal that at San Juan de los Lagos, and the others are comparatively poor affairs, very old, and not in the best of repair.

Apropos of churches, I must relate an incident which recently occurred here. Two robbers had been arrested by the authorities, and they—the robbers—threw themselves upon the protection of the new saint of the place, for whose canonization sixty thousand dollars in coin, wrung from the hard and stinted earnings of the laboring poor had just been forwarded by the Bishop of Leon to Rome, who, probably from a fellow-feeling, and possibly old association, so interested himself in their behalf, that the hearts of the authorities were moved and they were discharged without trial. The priests at once seized upon this fact as a miracle, and played for all there was on the board. They issued a pamphlet or tract, setting forth the details of the miracle, and rudely illustrated for the edification of the faithful. But, alas, they had crowed before they were fairly out of the woods, and the result was discouraging. Col. Rosado, who is an educated man, and appears to have a prejudice against saints and highway robbers being allowed to work together, immediately re-arrested the two robbers, tried, convicted, and shot them, thus spoiling the miracle, and causing the impression to go abroad in the community that even sixty thousand dollar saints will not always do to gamble on.

When we entered Leon, the Feast of All-Saints was


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Rh in full blast. The plaza is large and very beautiful, being surrounded by a handsome iron railing, flanked with tall, heavy-foliaged fresno trees, and paved with little cobbles in a beautiful mosaic, filled with beautiful flowers, and has a very large and elegant fountain in the center. The municipal palace, the handsomest building of the kind, exteriorly, which we had seen in Mexico, and other public buildings, and rows of stores with broad-arched portals, front this plaza. During the feast the broad sidewalk around the plaza is wholly given up to the sale of articles peculiar to the occasion. It is the custom of the country to distribute bon-bons, confectionery made into every conceivable form in imitation of birds, beasts, fishes, men, angels, devils, &c., &c., richly gilded and elaborately ornamented, among all one's friends, and especially among the children. Around the entire plaza was a row of stalls constructed of light matting and cloth, tastefully decorated with colored curtains and flowers, devoted exclusively to the sale of this confectionery and dulces, and attended by women old and young. Beyond the sidewalk was another row of stalls devoted to the sale of wax-candles of all lengths from six inches to six feet for offerings at the church altars.

When evening set in, the crowd which surged around the plaza became so dense that it was almost impossible to pass through it, and when the lamps were lighted, and the military band' played its most inspiring airs, the scene, as we looked down upon it from the balcony of our house, was the most animated and brilliant we had ever seen in Mexico. At about 9½ the common and partly-dressed people began to thin out, and the richer and more pretentious came in to make their


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176 purchases, sit on the benches, or promenade up and down. In company with Mr. Burgess, an American photographer resident here, Mr. Fitch and myself walked around in the crowd for some time. The booth-keepers cried their wares—fair women, old men and women, and children in rags or tastefully dressed, walked up and down, young men in broad sombreros and gorgeous serapes lounged around in groups, beggars, blind, ragged, filthy, and hideous, groveled on the pavement of the street and yelled forth their wants, and incessantly discoursed on the blessedness of giving in charity; while the church bells sent forth their clangor until the whole air was filled with a surging ocean of sound.

We were lost in the crowd, and admiration of the scene. Just then a party of tall young men, hustled us, and I, having had doubt, from the start, of the safety of money and valuables, which to a considerable extent I carried on my person, got on the outside. Unsuspecting Mr. Fitch, conscious of his own rectitude, and suspecting no one else, kept on a few seconds, and then suddenly discovered that the pocket in the skirt of his coat behind had been cut out, and he was minus a handkerchief, two pair of old kid gloves, and a pocket guide to Spanish conversation, which, if it proves as great a curse to the thief as it had been to the owner, will have a tendency to cause him to abstain from stealing for the remainder of his life. Our party adjourned at once to the house, determined to retire for the night in the best order possible.

Next morning I went out alone, and found the churches, as usual, filled with devout worshipers—even the pavement outside was covered with kneeling devotees. At one of them the janitor was just passing around a


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The Encyclopedia Americana (1920)/Jasper (Alabama)

JASPER, Ala., village and county-seat of Walker County, 35 miles northwest of Birmingham, on the Alabama Central, the Saint Louis and San Francisco, the Illinois Central and Northern Alabama railroads. It is situated in an important coal and cotton district. Pop. 2,509.


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Rh deep copper plate, in which he had collected about a quart of claquos and quartillas; there was not a single silver or gold coin in the lot. As he looked significantly at me, I dropped an American dime into the plate. Looking back a few minutes later, I saw him standing by the corner of the church, outside, biting the dime, and regarding me with evident suspicion. He undoubtedly thought that I had been palming counterfeit coin on the Church. I do not allow any man to misinterpret my motives, and henceforth I give nothing but copper.

The city of Leon is compactly built, and in all the central part of the town the inhabitants cultivate flowers in the patios or court-yards, and more especially upon terraces and on the roofs of their houses. From the observatory upon our house I looked down upon the city, and saw one vast garden of brilliant flowers, thus cultivated in tall urns of fancifully fashioned earthenware. Such, on a larger scale, were the famous "Hanging Gardens" of Nineveh. The custom is a pleasant one, and greatly contributes to the enjoyment of life in a crowded city. Leon has about the climate of San Francisco at this season—the first of November—and the average temperature here is said to be from sixty to eighty degrees all the year round. The finest tropical fruits do not flourish here, but Oranges, and some other fruits, such as are cultivated with success in the vicinity of Los Angelos, California, grow in great luxuriance.

As I have previously stated, we had left our military escort behind at Lagos, in the State of Jalisco, Señor Bossero having been assured by telegraph that the road was perfectly secure. Eighteen miles from Leon we stopped to change mules, and Mr. Seward, Mr. Fitch,


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178 and Mr. Burgess, who had accompanied us from Leon, were walking a mile or thereabouts in advance, not suspecting any danger, while I rode forward upon a saddle-horse loaned me by Mr. Burgess. The stage had been delayed by our first upset, which had no more serious consequences than the landing of Mr. Seward's colored servant in a nice, healthy nopal, or prickly-pear plant, the spines of which will stay with him long after his return to the United States, and we were some fifteen or twenty minutes behind time.

Just then we saw a detachment of Mexican cavalry, some twenty-five in number, coming toward us. When they saw the party they ranged themselves in double line to salute. We had almost reached them when one of their number, who had been scouting along in a corn-field, some distance from the road, raised a shout, and in an instant the whole party dashed off into the corn at full gallop, unslinging their carbines ready for action as they went. I rode after them, anxious to find out the cause of this sudden stampede, and saw one of them rise up like a circus-rider and stand upright on his saddle. He descried something in another direction, and with a yell, the squad changed its course and dashed off with redoubled speed. A few minutes later I saw a party of men in dark clothing, running over a high ridge a mile away beyond a ravine, making for a timbered mountain in the south-west, and in five minutes more the white caps of the troops could be seen darting in and out among the mesquite trees in close pursuit.

We watched them until they disappeared in the distance, and then rode on, saying little, but each "thinking a heap." Had the stage not been delayed by the


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Rh upset, or had the soldiers arrived fifteen minutes later—well, I will not pursue the subject further, as it is unprofitable; but if we did not have a narrow escape from falling into the hands of the party of high-toned gentlemen who were laying for us in that corn-field, I am a sinner. I am always grateful for hospitalities, but in this case, am more than willing to take the will for the deed. As I saw the flying bandito and the pursuing troops disappear, I, for the first time, fully appreciated the force of the quotation:

All day we were in sight of the range of treeless mountains, on the summit of which are situated the famous mines of La Luz, which occupy a position not unlike that of those on the the top of Treasure Hill, at Treasure City, in the White Pine district, Nevada. We could see vast piles of quartz, probably low grade ores, upon the mountain side. These ores, hundreds of thousands of tons in amount, cannot now be worked to advantage, owing to the heavy taxes on bullion, and to the cost of beneficiating them; but in time they will yield a vast amount of treasure under more favorable circumstances. The mountains in which the silver mines of Guanajuato are situated, resemble those in which the famous Comstock Lead of Nevada is found, and the situation of the City of Guanajuato is not unlike that of Virginia City, and Gold Hill, the elevation being not less than five or six thousand feet, apparently, above the level of the sea.

On our road to Siloa, and when still some miles from the town, we saw a party of laborers from some of the little hamlets which dot the country around,


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Rh carrying a sick and dying man in a litter to the town that he might receive spiritual consolation in his last moments. They were all evidently of the humbler class, but neatly and cleanly dressed, and the delicate care with which they bore their dying companion along the rough and toilsome road was touching to observe. The day was very hot, and the labor of carrying the heavy litter by no means a trilling one; but each quietly took his place and assisted to bear the burden when his turn came without a word, and while a part were sustaining the load upon their shoulders, the others fanned the sufferer or held water to his parched and feverish lips. Probably each man in the party had lost a day's labor which he was ill able to spare, and contributed something from his scanty means besides, towards defraying the expenses of making the last hours of their friend and companion as comfortable as possible.

This kindness and consideration for the sick and unfortunate is characteristic of the people of Mexico, and notably so of the humbler classes. The poorest family in the land, will share its last meal with the sick or the stranger, and when there is not a mouthful of food in the house—as is too often the case—will still give you "a cup of cold water in the name of Jesus," and some kind words of regret and apology for not being able to do more.

Passing through the dilapidated old town of Salado, or Siloa (pronounced Salow,) where we saw a church bearing an inscription which shows that it was erected in 1739, when New York contained fifteen thousand people, we entered the foot-hills of the mountains of Guanajuato.


text: 1911 Encyclopædia Britannica/Apparitor

title: 1911 Encyclopædia Britannica/Apparitor


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ROM a height three miles from the City of Guanajuato, just as the sun was sinking behind the mountains in the west, we looked down on what appeared to be three separate towns situated in a deep ravine or canon. The tall spires of the Cathedral of Guanajuato, glowing like gold in the red sunlight, were the conspicuous feature of the main and central city. Entering the canon, we rode for two miles along the narrow bed of a tortuous little stream, whose waters, having done duty in all the silver reduction or beneficiating haciendas of the district, were clogged and thick with the residuum of the pulverized quartz which they were bearing away into the valley.

The town of Marfil, which is wholly supported by the beneficiating works which constitute its sole industry, lines the banks of this stream on either side, and the different haciendas, each of which is surrounded by a high wall, and capable of being defended against attack by a strong force, give it the appearance of one vast fortress. The houses are all hidden by the walls, which come down to the bed of the stream, and we hardly saw a human being in all this ride.

Passing, at last, an ancient tower, of a quaint pattern, constructed by the, Spaniards for raising water, looking like a relic of the days of the Crusaders, we


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182 arrived at the lower portion of the city of Guanajuato, and found a delegation of officers waiting, with carriages, to escort Mr. Seward to the magnificent new house, completely furnished throughout, which had been prepared for the reception of the party. The keys were handed to him as soon as we had entered, and the committee then, considerately, bid us goodnight, and left us to dine and retire to rest.

Guanajuato impressed us with an idea of permanence and comparative prosperity rather unusual in this part of the country, in spite of its greatly reduced population, its languishing industries, and its suburban mining towns deserted and tumbling into ruins. It has many beautiful private residences, which cannot be excelled in comfort, extent, and elegance, in any part of the United States, and many still wealthy and aristocratic families of pure, or nearly pure, Castilian descent. The city, proper, runs along on the steep hill-sides on either side of a very narrow and tortuous ravine or canon over a mile in length; and the streets are narrow, crooked, and very steep. There are only two streets at the bottom of the cañon which admit of a carriage being driven over them at any speed, although all of them are most beautifully paved with small cobbles, generally in mosaic. The houses on the back streets, of course, rise above each other in successive terraces, like stairs, and each, in turn, affords a fine view of the back-yards and private portions of the residences next below.

At the upper end of the canon, Señor Rocha, one of the oldest residents of Guanajuato, a few years since, built three large dams of solid masonry, beautifully constructed and tastefully ornamented, to collect the waters of the little stream which trickles down there


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The Encyclopedia Americana (1920)/Jasper (Indiana)

JASPER, Ind., town, county-seat of Dubois County, on the Patoka River, and on a branch of the Louisville, Evansville and Saint Louis Railroad, about 47 miles northeast of Evansville. Jasper is situated in an agricultural region. The chief manufacturing establishments are saw-mills, lumbering and planing-mills, flour-mills, a furniture factory and a brickyard. Pop. 2,196.


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364 time had but to come for an admirer to play the Boswell to Walt Whitman, and Mr. Traubel appeared. When Columbia wanted a Professor of Journalism, Philadelphia sent it Dr. Talcott Williams. When England seemed a comfortable shelter for research there was no need to be in a hurry about, Mr. Logan Pearsall Smith showed what could be done with an exhaustive study of Dr. Donne, though why he was not showing instead what could be done with the Loganian Library, where the chance to show it was his for the claiming, he alone can say. When such recondite subjects as Egyptian and Assyrian called for interpreters, Philadelphia was again on the spot with Mrs. Cornelius Stevenson and Dr. Morris Jastrow. And for authorities on the drama and history, it gives us Mr. Felix Schelling and Dr. McMaster,—but perhaps for me to attempt to complete the list would only be to make it incomplete. Here, too, I tread on dangerous ground. It may be cowardly, but it is safe to give the tribute of my recognition to all that is being accomplished by the University of Pennsylvania and its scholars—by Bryn Mawr College and its students—by the Historical Society of Pennsylvania—by other Colleges and learned bodies—by innumerable individuals—and not invite exposure by venturing into detail and upon comment. It is in these emergencies that the sense of my limitations comes to my help.

At least I am not afraid to say that, on my return, I


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Rh fancied I found this side of Philadelphia life less a side apart, less isolated, more identified with the social side, and the social side, for its part, accepting the identification. The University and Bryn Mawr could not have played the same social part in the Philadelphia I remember. Perhaps I shall express what I mean more exactly if I say that, returning with fresh eyes, I saw Philadelphia ready and pleased, as I had not remembered it, to acknowledge openly talents and activities it once made believe to ignore or despise—to go further really and, having for the first time squarely faced its accomplishments, for the first time to blow its own trumpet. The new spirit is one I approve. I would not call all the work that comes out of Philadelphia monumental, as some Philadelphians do, or Philadelphia itself a modern Athens, or the hub of the literary universe, or any other absurd name. But I do think that in literature and learning it is now contributing, as it always has contributed, its fair share to the country, and that if Philadelphia does not say so, the rest of the country will not, for the rest of the country is still under the delusion that Philadelphia knows how to do nothing but sleep.


text: Our Philadelphia/Chapter 13

title: Our Philadelphia/Chapter 13


text:
The Encyclopedia Americana (1920)/Jasper

JASPER, an impure quartz, less hard than flint or even than common quartz, but which gives fire with steel. It is entirely opaque, or sometimes feebly translucent at the edges, and presents almost every variety of color. It is found in metamorphic rocks and often occurs in very large masses. It admits of an elegant polish and is used for vases, seals, snuff-boxes, etc. There are several varieties, as red, brown, blackish, bluish, Egyptian. Ribbon or agate jasper is jasper in layers.


text:
The Encyclopedia Americana (1920)/Jasper Ware

JASPER WARE, a white terra cotta or porcelain bisque invented by Josiah Wedgwood and used for the delicate reliefs in his cameo ware. It is also used for jewelry settings and statuettes. See.


text:
Author:Rebecca Harding Davis

Works

 * Margret Howth (1861)
 * Waiting for the Verdict (1867)
 * Dallas Galbraith: An American Novel published in Lippincott's Montly Magazine 1868
 * Kitty's Choice or Berrytown and Other Stories (1873)
 * John Andross (1874)
 * A Law unto Herself (1878)
 * Natasqua (1886)
 * Kent Hampden (1892)
 * Silhouettes of American Life (1892)
 * Doctor Warrick's Daughters (1896)
 * Frances Waldeaux (1897)
 * Bits of Gossip (1904)
 * Frances Waldeaux (1897)
 * Bits of Gossip (1904)

title: Author:Rebecca Harding Davis


text:
Author:Annis Lee Wister

Works

 * (with Frederick Henry Hedge) Metrical Translations and Poems (1888)

Translations

 * E. Marlitt, The Old Mamselle's Secret (1868)
 * ---, Gold Else (1868)
 * ---, The Countess Gisela (1860)
 * Only a Girl (1870) by Wilhelmine von Hillern
 * Only A Girl (1871) by Wilhelmine von Hillern
 * ---, The Little Moorland Princess (1873)
 * ---, The Second Wife (1874)
 * Wilhelmine von Hillern, Only a Girl (1870)
 * Friedrich Wilhelm Hackländer, Enchanting and Enchanted (1871)
 * Ulrich Volkhausen, Why Did He Not Die (1871)
 * Adelheid von Auer, It Is the Fashion (1872)
 * Fanny Lewald, Hulda; or, The Deliverer (1874)
 * Golo Raimund, From hand to hand (1882)
 * The Alpine Fay (1889) by Elisabeth Bürstenbinder

title: Author:Annis Lee Wister


text:
The Encyclopedia Americana (1920)/Jaspilite

JASPILITE, a compact siliceous rock similar to jasper in appearance. Its occurrence in the Lake Superior region is of economic importance as it appears invariably above the ore-bearing formation.


text:
The Encyclopedia Americana (1920)/Jassy

JASSY, yäs'së, Rumania, the former capital of Moldavia, on the Bahluiu River. There is a university with 900 students; the industrial enterprises are few; but the commerce is extensive and important. The chief exports are petroleum, grain, meat and salt; the chief imports are coal and clothing. A treaty between Russia and Turkey was concluded here in 1792. It was in Jassy, in 1821, that Alexander Ypsilanti really began the work for Greek independence. About one-half the population are Jews. Pop. 75,882, about 33 per cent being Jews.

title: The Encyclopedia Americana (1920)/Jassy


text:
Author:Frank Richard Stockton

Collections

 * The Novels and Stories of Frank R. Stockton (23 volumes)

Non-fiction

 * The home. Where it should be and what to put in it (1872)
 * Stories of New Jersey (1896)
 * Buccaneers and Pirates of Our Coasts (1898)

Novels

 * Ting-a-Ling (1870)
 * What Might Have Been Expected (1874)
 * A Jolly Fellowship (1880) Juvenile.
 * Captain Chap, or, The rolling stones (1882, serially; 1897)
 * The Story of Viteau (1884) Juvenile.
 * The Hundredth Man (1886)
 * The Late Mrs. Null (1886)
 * Ardis Claverden (1889)
 * The Great War Syndicate (1889)
 * The Merry Chanter (1889)
 * Personally Conducted (1889) Juvenile.
 * The Stories of the Three Burglars (1889)
 * The House of Martha (1891)
 * The Squirrel Inn (1891)
 * The Great Stone of Sardis (1897)
 * The Water-Devil (1897)
 * The Associate Hermits (1898)
 * The Girl at Cobhurst (1898)
 * The Vizier of the Two-horned Alexander (1898)
 * The Young Master of Hyson Hall (1899)
 * A Bicycle of Cathay (1900)
 * Kate Bonnet: The romance of a pirate's daughter (1901) (unindexed)
 * John Gayther's Garden and the stories told therein (1902)
 * The Captain's Toll-Gate (1903)

Rudder Grangers

 * Rudder Grange (1879)
 * The Rudder Grangers Abroad and other stories (1891) short stories
 * Pomona's Travels (1894)

Mrs. Lecks and Mrs. Aleshine

 * , 1918 (1886) illus. Frederic Dorr Steele
 * The Dusantes: A sequel to "The Casting Away of Mrs. Lecks and Mrs. Aleshine" (1888)

Captain Horn

 * The Adventures of Captain Horn (1895)
 * Mrs. Cliff's Yacht (1896)

Story collections

 *  (1872) Juvenile.
 * Tales out of school (1875) Juvenile.
 * The Floating Prince and Other Fairy Tales (1881)
 * The lady, or the tiger? and other stories (1884)
 * The Christmas Wreck and other stories (1886)
 * The Bee-man of Orn, and other fanciful tales (1887)
 * The Clocks of Rondaine, and other stories (1892)
 * The Watchmaker's wife and other stories (1893)
 * A Chosen Few (1895)
 * A Story Teller's Pack (1897)
 * Afield and Afloat (1900)

Contributions to Periodicals

 * (1891).
 * (1891).

Individual stories

 * "The Floating Prince"
 * "How the Aristocrats Sailed Away" Sequel to "The Floating Prince"
 * "The Reformed Pirate"
 * "Huckleberry"
 * "The Gudra's Daughter"
 * "The Emergency Mistress"
 * "The Sprig of Holly"
 * "The Magician's Daughter and the High-Born Boy"
 * "Derido; or, The Giant's Quilt"
 * "The Castle of Bim"
 * "The Lady, or the Tiger?" (1882) [[Image:Speaker Icon.svg|20px]]
 * "The Discourager of Hesitancy" (1883). Sequel to "The Lady, or the Tiger?" (unindexed)
 * "The Transferred Ghost"
 * "The Spectral Mortgage" Sequel to "The Transferred Ghost"
 * "Our Archery Club"
 * "That Same Old 'Coon"
 * "His Wife's Deceased Sister"
 * "Our Story"
 * "Mr. Tolman"
 * "On the Training of Parents"
 * "Our Fire-Screen"
 * "A Piece of Red Calico"
 * "Every Man His Own Letter-Writer"
 * "The Bee-man of Orn"
 * "The Griffin and the Minor Canon" (1885)
 * "Old Pipes and the Dryad"
 * "The Queen's Museum"
 * "Christmas before Last; or, The Fruit of the Fragile Palm"
 * "Prince Hassak's March"
 * "The Battle of the Third Cousins"
 * "The Banished King"
 * "The Philopena"
 * "Derelict"
 * "A Borrowed Month"
 * "The Baker of Barnbury"
 * "The Watchmaker's Wife"
 * "A Tale of Negative Gravity"
 * "Asaph"
 * "The Remarkable Wreck of the "Thomas Hyke""
 * "An Unhistoric Page"
 * "The Cloverfield's Carriage"
 * "A Story of Assisted Fate"
 * "My Bull-Calf"
 * "As One Woman to Another"
 * "My Terminal Moraine"
 * "Plain Fishing"
 * "The Clocks of Rondaine"
 * "Amos Kilbright: His Adscititious Experiences"
 * "The Christmas Shadrach"
 * "The Bishop's Ghost and the Printer's Baby"
 * "The Philosophy of Relative Existences"
 * "The Magic Egg"
 * "The Widow's Cruise"
 * "Captain Eli's Best Ear"
 * "Love before Breakfast"
 * "The Staying Power of Sir Rohan"
 * "The Christmas Wreck"
 * "My Well and What Came Out of It"
 * "My Unwilling Neighbor"

Attributed to

 * Return of Frank R. Stockton via Etta de Camp

Works about Stockton

 * To Our "Merry Chanter", a poem by Julie Mathilde Lippmann in The Century Magazine (July 1902)
 * "My Stockton if I failed to like" (1884), a poem by Robert Louis Stevenson in The Letters of Robert Louis Stevenson Volume 2 p. 251

title: Author:Frank Richard Stockton


text:
Page:EB1911 - Volume 02.djvu/223

 England.—When the royal authority in England grew strong as against that of the tenants in capite, the king’s courts in England were more effectively organized, and their net swept wider so as to draw within their cognizance matters previously adjudged in courts baron or courts leet or in the county court, and they acquired authority to supervise and review the decisions of the inferior and local courts, to control and limit their claims to exercise jurisdiction, and to transfer causes from the local to the royal courts. The machinery by which this process was usually effected, under the common law, was not by what is now known as appeal, but by the process of certiorari or writs of error or prohibition. Recourse was also had against the decisions of the royal courts by appeal to the great council of the king, or to parliament as a whole. The supremacy of the king’s courts over all causes, as well ecclesiastical as civil, has been completely established since the reign of Henry VIII., and they have effectually asserted the power to regulate and keep within their proper jurisdiction all other tribunals within the realm. Since that date the organization of judicial tribunals has gradually been changed and improved with the object (1) of creating a judicial hierarchy independent of executive control; (2) of ensuring that all decisions on questions of law shall be co-ordinated and rendered systematic by correction of the errors and vagaries of subordinate tribunals; and (3) of securing so far as possible uniformity in the judicial interpretation and administration of the law, by creating a supreme appellate tribunal to whose decisions all other tribunals are bound to conform. It would be undesirable to detail at length the history of appellate jurisdiction in England, involving as it would the discussion in great detail of the history and procedure of English law, and it may suffice to indicate the system of appeals as at present organized, beginning with the lowest courts.

Justices of the Peace.—The decisions of justices of the peace sitting as courts of summary jurisdiction are subject to review on questions of law only by the High Court of Justice. This review is in a sense consultative, because it is usually effected by means of a case voluntarily stated by the justices at the request of the aggrieved party, in which are set forth the facts as determined by the justices, the questions of law raised and their decision thereon, as to the correctness whereof the opinion of the High Court is invited. The procedure is equally open in criminal and civil matters brought before the justices. But when the justices decline to state a case for the opinion of the High Court, the latter, if review seems desirable, may order the justices to state a case. And the High Court has also power to control the action of justices by prohibiting them from acting in a case beyond their jurisdiction, ordering them to exercise jurisdiction where they have improperly declined (mandamus), or bringing up for review and quashing orders or convictions which they have made in excess of jurisdiction, or in cases in which interested or biassed justices have adjudicated (certiorari). None of these regulative processes exactly corresponds to what is popularly known as an appeal, but in effect if not in form an appeal is thus given.

There is also another form of appeal, in the fullest sense of the term, from the decision of justices sitting as a court of summary jurisdiction to the justices of the same county sitting in general or quarter sessions, or in the case of a borough to the recorder as judge of the borough court of quarter sessions. This form of appeal is in every case the creation of statute: and even in text-books it is hardly possible to find a really complete list of the matters in respect of which such appeal lies. But as regards criminal cases there is an approximately general rule, given by § 19 of the Summary Jurisdiction Act 1879, viz. that an appeal to quarter sessions lies from the conviction or order of a court of summary jurisdiction directing imprisonment without the option of a fine as a punishment for an offence, or for failing to do or to abstain from doing any act required to be done or left undone other than an order for the payment of money, or to find sureties or give security or to enter into a recognizance, or a conviction made on a plea of guilty or admission of the truth of the matter of complaint.

As a general rule, subject to particular statutory exceptions, appeals of this kind are by way of rehearing, i.e. the actor or prosecutor must before the appellate tribunal call his witnesses and prove his case just as if no previous hearing had taken place before the court appealed from (Pritchard, Quarter Sessions Practice, 2nd ed., 461). The only limit is that the appellant must confine himself to the grounds of appeal stated in the notice of appeal given by him.

Justices in Quarter Sessions.—This tribunal has under the commission of the peace and under statute power to refer questions of difficulty arising before it for decision to the High Court. The old mode of exercising this power was by sending on to assizes indictments raising difficult questions which had been presented at quarter sessions. The High Court has ex officio power to transfer such indictments where the nature of the case and the demands of justice call for such transfer. The quarter sessions had also power under statute on trying an indictment to refer to the court for crown cases reserved (Crown Cases Act 1848), abolished by the Criminal Appeal Act 1907, questions of law which had arisen at the trial, and in all civil cases the quarter sessions has power of its own volition and subject to no direct compulsion to consult the High Court on legal questions of difficulty which have arisen. Until 1894 this jurisdiction was regarded as consultative only. It was and is exercised by stating the facts, of which the court of quarter sessions is the sole judge, and indicating the questions of law arising on the facts, and the view of quarter sessions thereon, and inviting the opinion of the High Court. Under the Judicature Act 1894 cases stated in this way are now treated as “appeals” in the popular sense.

Inferior Courts of purely Civil Jurisdiction.—An appeal also lies as a general rule to the High Court from the judgment of a county court or of any inferior tribunal having civil jurisdiction.

(a) County Courts. Any party to an action or matter in a county court who is dissatisfied with the determination or direction of the judge in law or equity, or upon the admission or rejection of any evidence, may appeal against the decision in the following cases: (1) if the amount of claim or counter-claim in the proceeding exceeds £20; or (2) in all equity matters or cases in which an injunction has been given; or (3) in actions to recover possession of land where questions of title are involved (County Courts Act 1888, § 120). In the case of a claim below £20 no appeal lies except by the leave of the county court. The old practice of appeal by way of special case as in appeals from justices has been abolished, and the present procedure is by notice of motion (R.S.C. O. LIX. rr. 10-18).

These appeals are heard in the king’s bench division, except in the case of appeals from judgments of a county court sitting in the exercise of admiralty jurisdiction, which are heard by two or more judges sitting in the probate, divorce and admiralty division. The chancery division has never sat to hear “appeals” from a county court exercising equity jurisdiction; but at times, by prohibition or certiorari, has, in effect, reviewed or restrained excess of jurisdiction by county courts in equity matters.

The decision of the High Court on county court appeals is final unless an appeal to the court of appeal is brought by leave of that court or of the High Court (Judicature Act 1894, § 1, sub. sect. 5; Judicature Act 1873, § 45).

(b) Other inferior courts of civil jurisdiction. Appeals from the local courts of record which still survive in certain cities, towns and districts are in a somewhat anomalous position. The general rule is that, unless a statute regulates such appeal, it may be brought in the king’s bench division of the High Court on notice of motion in any case in which, before the Judicature Acts, the court of king’s bench could have reviewed the decision of the inferior court by writ of error. The history of this question is dealt with in Darlow v. Shuttleworth, 1902, 1 K.B. 721.

In the case of the mayor’s court of London, under the local and general statutes regulating that court, the appeal is usually to the king’s bench division, but where there is what is termed “error” on the face of the proceedings of the mayor’s court,

title: Page:EB1911 - Volume 02.djvu/223


text:
The Encyclopedia Americana (1920)/Jastrow, Ignaz

JASTROW, yäs'trō, Ignaz, German economist and historian: b. Nakel, 13 Sept. 1856. He was educated at Breslau, Berlin and Göttingen, and in 1885 was appointed privat-docent of social economy at the University of Berlin. He visited the United States in 1904 and since 1905 has been professor of administrative science at Berlin. He edited the Jahresberichte der Geschichtswissenschaft in 1888-91; the Sociale Praxis in 1895-97; since 1896 he has edited Das Gewerbegericht, and since 1897 Der Arbeitsmarkt. Author of ‘Geschichte des deutschen Einheitstraumes und seiner Erfüllung’ (1884; 4th ed, 1891); ‘Die Volkszahl Deutscher Städte am Ende des Mittelalters und zu Beginn der Neuzeit’ (1886); ‘Das interesse des Kaufmannsstandes am Bürgerlichen Gesetzbuch’ (1890); ‘Burgertum und Staatsverwaltung’ (1907); ‘Gedächtnisrede auf Dunker’ (1911); ‘Arbeiterschutz’ (1912); ‘Geld und Kredit’ (1914), etc.


text:
Author:Francis Howard Williams

Works

 * The Princess Elizabeth. A lyric drama (1880)
 * Theodora: a Christmas pastoral (1882)
 * A reformer in ruffles. A comedy in three acts (1883)
 * The bride of the White House (1886)
 * Master and man: a play in a prologue and four acts (1886)
 * The flute-player and other poems (1894)
 * The burden bearer; an epic of Lincoln (1908)
 * The burden bearer; an epic of Lincoln (1908)

title: Author:Francis Howard Williams


text:
Author:John Foster Kirk

Works

 * A History of Charles the Bold, Duke of Burgundy (1863-67), in 3 vols.
 * A supplement to Allibone's Critical dictionary of English literature and British and American authors. Containing over thirty-seven thousand articles (authors), and enumerating over ninety-three thousand titles (1891)
 * Charles Sumner (1892)

As editor

 * History of the Reign of Ferdinand and Isabella the Catholic (1872), by William Hickling Prescott, in 3 vols.
 * History of the Conquest of Mexico (1873), by William Hickling Prescott, in 3 vols.
 * History of the Conquest of Peru (1874), by William Hickling Prescott, in 2 vols.
 * History of the Reign of Philip the Second, King of Spain (1882), by William Hickling Prescott, in 2 vols.
 * The Golden Treasury of the Best Songs and Lyrical Poems in the English Language (1895), by Francis Turner Palgrave
 * The History of the Reign of the Emperor Charles the Fifth (1902), by William Hickling Prescott, in 3 vols.

title: Author:John Foster Kirk


text:
Page:EB1911 - Volume 02.djvu/224

 the appeal lies direct to the court of appeal as successor of the court of exchequer chamber. Appeals from the Liverpool court of passage and from the chancery courts of the duchies of Lancaster and Durham lie by statute direct to the court of appeal.

High Court of Justice.—Until the Supreme Court of Judicature Acts of 1873 and 1875 came into operation, the superior courts in England were imperfectly co-ordinated both as to jurisdiction and appeals. The effect of these acts was to create a Supreme Court of Judicature divided into two main branches, the High Court of Justice, which is an appellate court with respect to the inferior courts already mentioned, and to certain other special courts and persons; and the court of appeal, which is mainly concerned with appeals from the High Court of Justice.

The High Court of Justice acts as an appellate court or court of consultation with reference to courts of summary jurisdiction or quarter sessions and to county courts and other inferior courts of civil jurisdiction in the cases already indicated. The three divisions of the court are somewhat differently placed with reference to appeals.

In the chancery division (made up, in 1908, of six single judge courts) no appeals are heard except from subordinate officials (masters) of the court, or an occasional interference by certiorari or prohibition with a county court.

In the probate, divorce and admiralty division, besides the supervision which may be exercised by a single judge over the subordinate officers of the court (registrars), divisional courts (of two judges) hear appeals from decisions of the county court in admiralty causes, and appeals from justices in cases between husband and wife under the Summary Jurisdiction (Married Women) Act 1895, as amended by the Licensing Act 1902. In the first of these cases the appeal is on law only as in the case of other county court appeals; in the second, the procedure is by rehearing, or reconsideration of the facts as minuted in the court appealed from, and of the law there applied to these facts.

The bulk of the appellate work of the High Court is conducted in the king’s bench division—which, as successor of the old court of king’s bench in the duties of custos morum of the realm, still retains supervisory power over all inferior courts in all cases in which that supervision has not been transferred to the other divisions of the High Court or to the court of appeal, or to the court of criminal appeal.

The king’s bench division exercises appellate jurisdiction in the following cases.

With respect to decisions of justices of the peace sitting at quarter sessions, or as a court of summary jurisdiction, except in the case above stated, the subject matter of appeal is for the most part of a criminal or quasi-criminal character, the civil jurisdiction of justices being comparatively limited. The appeal in such cases is as to matters of law only, the justices’ decision on facts not being subject to review.

In the case of the courts above named, the appeal is brought by writ of certiorari, where the jurisdiction of quarter sessions to give the judgment challenged is denied in toto, or in some cases by writ of habeas corpus, where the appellant is in custody under an order of the court appealed from (Judicature Act 1894, § 2). The best example of this is the right of a fugitive criminal committed for extradition to challenge the legality of the decision of the committing magistrate by writ of habeas corpus. Save in cases of want of jurisdiction or refusal to exercise it, no appeal lies from quarter sessions except by consent of the court appealed from, which states the facts as ascertained by the inferior court, and invites the review of the superior court upon the questions of law raised by the facts as found.

Decisions of justices sitting in the exercise of summary jurisdiction are subject to review by a special case in which the justices state the facts found by them and their decision on the points of law, and invite the review of the appellate court on these grounds. Such cases for appeal are usually stated by consent of the justices, but in the event of their refusal the appellate court may order that a case shall be stated.

Decisions of justices in the exercise of summary jurisdiction may also be challenged by writ of certiorari as having been wholly outside their jurisdiction; and in such proceeding the appellate tribunal may review the evidence taken below so far as to ascertain whether the justices have by an erroneous finding of fact enabled themselves to assume a jurisdiction which upon the true facts they did not possess.

Where the decision appealed from is in a criminal cause or matter the decision of the High Court is final. Where it is in a civil matter a further appeal also lies to the court of appeal by leave of the High Court or of the court of appeal (Judicature Act 1873, § 45).

Appeals in criminal cases tried on indictment, criminal information or coroner’s inquisition, stand on a different footing from other appeals.

For many years the question of criminal appeal in general had been a matter of great controversy. As early as 1844 a bill had been unsuccessfully introduced for the purpose of establishing appeal in criminal cases, and from that time up to 1906 nearly thirty bills were brought forward with the same object, but none succeeded in passing. In 1892 the question was referred to the council of judges and favourably reported upon by them. It may be remarked that England was practically the only civilized country in which there was no appeal in criminal cases. It is true there was an appeal on questions of law arising at the trial. But the procedure was intricate and technical, being either (1) by writ of error, issued by the consent of the attorney-general (expressed by his fiat), to review errors of law appearing in the record of the trial, or (2) by special case, stated by the judge presiding at the trial, with respect to a question of law raised at the trial. These appeals were heard by the king’s bench division. Meanwhile there had been a considerable development of public opinion in favour of the establishment of criminal appeal, a development undoubtedly hastened by the report of a committee of inquiry in the case of Adolf Beck (1904), showing clearly that the home office was not a satisfactory tribunal of final appeal. In 1906 the lord chancellor (Lord Loreburn) introduced another criminal appeal bill, which passed the House of Lords, but was dropped in the House of Commons after a first reading. The next year the act (Criminal Appeal Act 1907), which was ultimately carried, was introduced into the House of Commons. By this act a court is established consisting of the lord chief justice and eight judges of the king’s bench division, the jurisdiction of the court for crown cases reserved being transferred to the new court. The court to be duly constituted must consist of not less than three judges and of an uneven number of judges. The court may sit in two or more divisions if the lord chief justice so directs. Its sittings are held in London unless special directions are given by the lord chief justice that it shall sit at some other place. The opinion of the majority of those hearing the case determines any question before the court, and judgment is pronounced by the president (who is the lord chief justice or senior member present), unless in questions of law, when, if it is convenient that separate judgments should be pronounced by the members of the court, they may be so pronounced. The judgment of the court of criminal appeal is final, except where the decision involves a point of law of exceptional public importance, and a certificate must be obtained from the attorney-general to that effect. The court of criminal appeal is a superior court of record. An appeal may be made either against conviction or against sentence. A person convicted on indictment may appeal either on a question of law alone or of fact alone, or on a question of mixed law and fact. On a point of law a prisoner has an unqualified right of appeal, on a question of fact or of mixed law and fact there is a right of appeal only if leave be obtained from the court of criminal appeal or a certificate be granted by the judge who tried the prisoner that it is a fit case for appeal. The court is given a wide discretion as to whether a conviction may be sustained or set aside. The court may allow the appeal if they think that the verdict of the jury should be set aside because it is

title: Page:EB1911 - Volume 02.djvu/224


text:
Author:Albion Winegar Tourgée

Works

 * Figs and thistles: a Western story (1879)
 * A fool's errand, by one of the fools: a novel of the South during Reconstruction (1880)
 * Bricks without straw : a novel (1880)
 * Toinette (1881)
 * John Eax and Mamelon; or, The South without the shadow (1882)
 * Hot plowshares. A novel (1883)
 * An appeal to Cæsar (1884)
 * The veteran and his pipe (1885)
 * Button's inn (1887)
 * Black ice (1888)
 * Letters to a king (1888)
 * With Gauge & Swallow, attorneys (1889)
 * "No. 1. Professor Cadmus's Great Case" in Lippincott's Monthly Magazine, 1887
 * Murvale Eastman, Christian socialist (1890)
 * Pactolus Prime (1890)
 * A son of Old Harry : a novel (1892)
 * Is liberty worth preserving? (1892)
 * Out of the sunset sea (1893)
 * An outing with the Queen of Hearts (1894)
 * The mortgage on the hip-roof house (1896)
 * The war of the standards; coin and credit versus coin without credit (1896)
 * The story of a thousand. Being a history of the service of the 105th Ohio volunteer infantry, in the war for the union from August 21, 1862 to June 6, 1865. (1896)

title: Author:Albion Winegar Tourgée


text:
The Encyclopedia Americana (1920)/Jastrow, Joseph

JASTROW, jăs'trō, Joseph, American psychologist: b. Warsaw, Poland, 30 Jan. 1863. He is a son of Rabbi Jastrow (q.v.) and came to America in childhood. He was graduated from the University of Pennsylvania in 1882 and has been since 1888 professor of psychology at the University of Wisconsin. He became president of the American Psychological Association in 1900. In 1893 he was head of the psychological section at the World's Columbian Exposition. He contributed to the Psychological Review, of which he was associate editor and to other scientific and popular magazines. He is editor of ‘The Conduct of Mind Series’ and has published ‘Time-Relations of Mental Phenomena’ (1890); ‘Epitomes of Three Sciences’ (1890); ‘Fact and Fable in Psychology’ (1900); ‘The Subconscious’ (1906); ‘The Qualities of Men’ (1910); ‘Character and Temperament’ (1915).


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Author:Emily Sartain

Works

 * "Our new baby"
 * "Christ raising Jairus' daughter" [graphic] (original picture by Theodore Von Holst), 1866
 * "A night on the Sea of Galilee" [graphic] (original picture by Charles Jalabert), 1867

title: Author:Emily Sartain


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Page:Betelguese, a trip through hell.djvu/50

42 And viscid mists rise in the West— Dank treasures of Damnation's dust!

In search of silence, sleep and rest.

When in a vale we lie and dream

Of sanded beach and laughing skies,

When Fancy lifts her wings and soars

To agate strands and ocean's breast,

A gangrel soul begins to scream

Black tokens of prevailing sighs

As furnace-ovens sweat giant pores.

And other things perturb each crypt,

Each vulture's brood and figent owls:

A belching mountain in the South

Hurls boulders thro' the fearful night:

A demon-quire rants from script,

Led by staccato raspings, howls;

A meteor vaults a Cauldron's mouth; A sombre maid doth long for light.

Bleak wintry winds engulf us all—

Hosannah! cry the fretful mobs;


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Author:George William Childs

Works

 * Recollections (1890)
 * Recollections of General Grant: with an account of the presentation of the portraits of Generals Grant, Sherman, and Sheridan at the U.S. Military Academy, West Point (1890)

title: Author:George William Childs


text:
Author:Anthony Joseph Drexel

Works about Drexel

 * Service in memory of Anthony J. Drexel, founder of the Drexel institute of art, science and industry (1896)
 * A.J. Drexel, 1826-1893, and his industrial university (1949) by James Creese

title: Author:Anthony Joseph Drexel


text:
Author:John Fanning Watson

Works

 * Annals of Philadelphia (1830)
 * Memorials of country towns and places in Pennsylvania (1830)
 * Historic tales of olden time: concerning the early settlement and advancement of New-York city and state (1832)
 * Historic tales of olden time, concerning the early settlement and progress of Philadelphia and Pennsylvania (1833)
 * The Indian treaty, for the lands now the site of Philadelphia and the adjacent country (1836)
 * Annals and occurrences of New York city and state, in the olden time (1846)
 * Annals of Philadelphia and Pennsylvania, in the olden time; being a collection of memoirs, anecdotes, and incidents of the city and its inhabitants, and of the earliest settlements of the inland part of Pennsylvania, from the days of the founders (various pub dates)

[[Category:Historians][

title: Author:John Fanning Watson


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 ES, Ma'm'selle Adèle," said the sempstress, the real happiness of this world is not so unevenly distributed after all." Louise, as she said this, took from the reserve in the bosom of her dress a lot of pins, and applied them deftly to the trimming of a skirt which I was holding for her.

"A sufficiently comfortable doctrine," I answered, "but it does seem to me as if some people were born to live and to die unhappy."

"It is only folks who never find anybody to love enough; and I think it's nobody's fault but their own."

"But, my good Louise, would n't you have suffered much less last year, when you came so near losing your boy, if you had n't cared so much for him?"

I was only drawing her on, you see: Louise's chat was the greatest resource to me at that time.

"Why, Ma'm'selle Adèle, you are surely joking. 133


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134 You'd as well tell me to cut off my feet to save my shoes. You'll know one of these days—and not so far off neither, maybe—how mighty easy and sensible it would be not to love your children. They are a worry, too; but oh, the delight of 'em! I'd like to have had anybody tell me not to love my darling because it might grieve me, when he lay there in his mother's lap, with blue lips, gasping for his breath, and wellnigh dead; his face blackish, and his hands like this piece of wax. You could see that everything was going against him; and with his great big eyes he was staring in my face, until I felt as if the child was tugging at my very heartstrings. I kept smiling at him, though, through the tears that blinded me, hard as I tried to hide them. Oh! such tears are bitter salt indeed, ma'm'selle! And there was my poor husband on his knees, making paper figures to amuse him, and singing a funny song he used to laugh at. Now and then the corners of his mouth would pucker, and his cheeks would wrinkle a little bit under the eyes. You could tell he was still amused, but in such a dreamy way. Oh! our child seemed no longer with us, but behind a veil, like. Wait a minute. You must excuse me, for I can't help crying when I think of it."

And the poor creature drew out her handkerchief and fairly sobbed aloud. In the midst of it, however, she smiled and said, "Well, that's


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Rh over now; 't was nothing, and I'm too silly. And, ma'm'selle, here I've gone and cried upon your mother's dress, and that's a pretty business."

I took her hand in mine and pressed it.

"Are n't you afraid you'll stick yourself, ma'm'-selle? I 've got my needle in that hand," she said playfully. "But you did not mean what you said just now, did you?"

"What did I say?"

"That it would be better not to love your children with all your heart, on account of the great anxiety. Don't you know such thoughts are wicked? When they come into your head your mind wants purifying. But I'm sure I beg your pardon for saying so."

"You are entirely right, Louise," I returned.

"Ah! so I thought. And now, let me see. Let's fix this ruche; pull it to the left a little, please."

"But about the sick boy. Tell me about his recovery."

"That was a miracle—I ought to say two miracles. It was a miracle that God restored him to us, and a miracle to find anybody with so much knowledge and feeling,—such talent. Such a tender heart, and so much, so much!—I'm speaking of the doctor. A famous one he was, too, you must know; for it was no less than Doctor Faron. Heaven knows how he is run


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136 after; and how rich and celebrated he is! Are n't you surprised to hear that it was he who attended our little boy? Indeed, the wonders begin with that. You may imagine my husband was at his wits' end when he saw how it was with the child; and all of a sudden I saw him jump up, get out his best coat and hat, and put them on."

"'Where are you going?' I asked.

"'To bring Doctor Faron.'

"Why, if he had said, 'To bring the Prime Minister,' it would have seemed as likely.

"'Don't you believe Doctor Faron is going to trouble himself about such as we. They will turn you out of doors.'

"But 'twas no use talking, my dear. He was already on the stairs, and I heard him running away as if the house was on fire. Fire, indeed; worse, far worse than any fire!

"And there I was, left alone with the child upon my knees. He would n't stay in bed; and was quieter so, wrapped up in his little blanket. Here will he die, I thought. Soon will his eyes close, and then it will be all over; and I held my own breath to listen to his feeble and oppressed pantings.

"About an hour had passed, when I heard a rapid step on the stairs—(we are poor, and live in attic rooms). The door opened, and my husband came in, wet with perspiration and out of


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Rh breath. If I live a century I'll not forget his look when he said:

"'Well?'

"I answered, 'No worse. But the doctor?'

"'He's coming.'

"Oh! those blessed words! It actually seemed as if my child were saved already. If you but knew how folks love their little ones. I kissed the darling, I kissed his father, I laughed, I cried, and I no longer felt the faintest doubt. It is by God's mercy that such gleams of hope are sent to strengthen us in our trials. It was very foolish, too; for something might easily have prevented the doctor's coming, after all.

"'You found him at home, then?' I inquired of my husband.

"Then he told me, in an undertone, what he had done, stopping every now and then to wipe his face and gather breath:

"'I ran to the Children's Hospital, which he manages, hoping to find him there. The porter showed me a low door at the end of the courtyard. I knocked and was let into a room full of young fellows, all smoking, talking and laughing away at a great rate.'

"Ah! the wretches! and with dying folks all round 'em."

"Don't say that until you know all. 'What do you want here, friend?' says a tall one in a white apron and black sleeves, and who, seeing


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138 my troubled looks, took me on one side. 'What's the matter?'

"'I'm sorry to trouble you, sir,' I began.

"'No ceremony, man. Speak out.'

"'I'm looking for Doctor Faron, to come and save my child, sir. He's dying with croup. I'm not rich, but all I can raise I will give.'

"'Oh! that's all right,' says he. 'How old's the child.'

"'Four years old, sir.'

"'Who's been attending it?'

"'A doctor who gives him little white pills in a heap of water, sir.'

"'Ah! hah!' says he, smiling; 'well, don't be downhearted,' and with that he threw off his apron and black sleeves, and wrote something on a bit of paper.'

"Take this to Doctor Faron. That's his address. Where do you live? I'll come when I get my coat on.'

"'Oh! how kind, sir!'

"I could have hugged him. But he said, 'Come, no nonsense, friend. Away with you!' So I hurried off to Doctor Faron's house, with the note; but he was dining out.

"'Where?' I asked, as the servant held the door ajar.

"'Don't know,' says he, very short; and shut the door in my face.

"At that I got angry, and it seemed to me the


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Rh child came before my eyes. I pushed open the door, and in I went.

"'That won't do,' I said. 'One of the hospital doctors sent me here, and I must know where to find your master, and quick, too.'

"Seeing that I wouldn't stand trifling, he gave me the direction, and growled, 'Now clear out, and shut that door.'

"So I rushed away to the Rue de Lille. The courtyard was full of carriages, and the windows all in a blaze of light; but in I went, for all that.

"'My boy will die!—my boy will die!' I kept repeating, as I elbowed through the people. An old servant stopped me in the ante-chamber. 'Where now?' says he.

"'I want to speak to Doctor Faron,' says I; 'I must speak to him. Get him to come out here, won't you, please?'

"The old fellow looked at me hard, and then said very kindly, 'Sit down there an instant, and I'll try.'

"What possessed me to sit there and cry, with all those servants hurrying about with plates and dishes, I can't tell; but I could n't help it.

"In a minute or so, here comes a large gentleman with a white cravat on. 'Where's the man that wants me?' he asks in a gruff voice. Then seeing me there in the corner in such a state, with a searching look at me, he took the note,


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140 read it, and said quietly, 'Ah! the noble boy.' Then, turning to me, 'Go home, my man; I'll be there directly. Cheer up; I'll lose no time.'"

"My husband had scarcely uttered these words," continued Louise, "when I heard a step on the stairs. It was he! it was that blessed angel of a doctor come to help us in our sore distress.

"And what do you think he said in his deep voice when he got into the room?

"'God bless you, my friends, but I nearly broke my neck on those stairs. Where's that child?'

"'Here he is, my dear, darling doctor.' I knew no better way to speak to him, with his dress-cravat showing over his great coat, and his decorations dangling like a little bunch of keys at his buttonhole.

"He took off his wrappings, stooped over the child, turned him over, more gently even than his mother could have done, and laid his own head first against his back, then against his breast. How I tried to read his eyes! but they know how to hide their thoughts.

"'We must perform an operation here,' says he; 'and it is high time.'

"Just at this moment the hospital doctor came in, and whispered to him, 'I am afraid you did n't want to be disturbed, sir.'


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The Encyclopedia Americana (1920)/Jastrow, Marcus M.

JASTROW, Marcus M., American rabbi and lexicographer: b. Rogasen, Posen, 1829; d. Germantown, Pa., 13 Oct. 1903. After the usual rabbinic and academic studies he was graduated from the University of Halle in 1854, became a barber in Berlin and then rabbi at Warsaw. After five years he was obliged to leave by reason of his political opinions, after being subjected to arrest. He was rabbi in Baden 1859-63, at Worms 1863-66, whence he was called to the Congregation Rodef SholenRodef Sholem [sic], Philadelphia, with which he was connected until his death, within recent years (1892-1903) as rabbi emeritus. Besides some monographs and contributions to the press, he is best known for his ‘Dictionary of the Targumim, the Talmud

Bavli and Yerushalmi, and the Midrashic Literature’ (16 parts, 1904), a monument of untiring erudition and broad scholarship. He edited the Talmudic department of the ‘Jewish Encyclopædia.’


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Rh "Oh, never mind. I am sorry it was n't sooner, though. Get everything ready now.'

"But, Ma'm'selle Adèle, why should I tell you all this? I'd better mind my work."

"Oh! go on, Louise, go on!"

"Well, then, ma'm'selle, if you believe me, those two doctors—neither of 'em kin, or even friends till then—went to work and made all the preparations, while my husband went off to borrow lights. The biggest one tied a mattress on the table, and the assistant spread out the bright little knives.

"You, who have not been through it all, ma'm'-selle, can 't know what it is to have your own little one in your lap, to know that those things are to be used upon him, to pierce his tender flesh, and, if the hand that guides them be not sure, that they may kill him.

"When all was ready, Doctor Faron took off his cravat, then lifted my child from my arms and laid him on the mattress, in the midst of the lamps, and said to my poor man:

"'You will hold his head, and your wife his feet. Joseph will pass me the instruments. You've brought a breathing tube with you, my son?'

"'Yes, sir.'

"My husband was as white as a sheet by this; and when I saw him about to take his place with


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142 his hands shaking so much, it scared me, so I said:

"'Doctor, please let me hold his head!'

"'But, my poor woman, if you should tremble?'

"'Please let me do it, Doctor!'

"'Be it so then,' and then added, with a bright look at me, and a cheering smile, 'we shall save him for you, my dear; you are a brave little woman, and you deserve it.'

"Yes, and save him, did he! God bless him! saved him as truly as if he had snatched him from the depths of the river."

"And you did n't tremble, Louise?"

"You may depend on that. If I had, it would have been the last of my child."

"How in the world did you keep yourself steady?"

"The Lord knows; but I was like a rock. When you must, you must, I suppose."

"And you had to behold every detail of that operation?"

"Yes, indeed; and often have I dreamed it over since. His poor little neck laid open, and the veins, which the doctor pushed aside with his fingers and the little silver tube which he inserted, and all that; and then the face of the child, changing as the air passed into his lungs. You’ve seen a lamp almost out, when you pour in oil? It was like that. They had laid him there but half alive, with his eyes all but set; and they


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Rh gave him back to me, pale and with bloodless lips, it is true, but with life in his looks, and breathing—breathing the free, fresh air.

"'Kiss him, mother,' says the doctor, 'and put him to bed. Cover the place with some light thing or other, and Joseph must stay with you tonight; won't you, Joseph? Ah, well, that's all arranged.'

"He put on his things and wrapped himself up to go. He was shaking hands with my husband, when I seized one hand, and kissed it—like a fool, as I was—but I did n't stop to think. He laughed heartily, and said to my husband, 'Are you not jealous, friend? Your wife is making great advances to me. But I must be off now. Good-night, good people.'

"And from that night he always talks so friendly and familiarly to us, not a bit contemptuously either, but as if he liked us, and was glad to be of service to us.

"The next morning, at half-past five, there he was, as fresh as a rose, and larger, as it seemed to me, than before. And no wonder, neither, for don't you think he had brought four bottles of old Bordeaux! two in his pockets and two under his arms.

"'The little fellow must take this,' says he. 'Everything gone on well in the night, eh?'

"'Admirably well, sir,' answered Mr. Joseph. I call him Mr. Joseph, but I have since found


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 unreasonable, or because it cannot be supported having regard to the evidence, or that the judgment should be set aside on the ground of a wrong decision on any point of law, or that on any ground there was a miscarriage of justice. Power is given to the court to dismiss the appeal if they consider that no substantial miscarriage of justice has occurred, even though they are of opinion that the point raised in the appeal might be decided in favour of the appellant. The sentence passed at the trial may be quashed by the appeal court and such other sentence (whether more or less severe) warranted in law by the verdict substituted. Notice of appeal or notice of application for leave to appeal must be given within ten days of the date of conviction; where a conviction involves sentence of death or corporal punishment the sentence must not be executed until after the expiration of ten days, and, if notice of appeal is given, not until after the determination of the appeal or the final dismissal of the application for leave to appeal. The act gives the court power to order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the court, and to receive the evidence, if tendered, of any witness who is a competent but not compellable witness. If any question arises on the appeal involving prolonged examination of documents or accounts or any scientific or local investigation, which the court thinks cannot be conveniently conducted before it, the matter may be referred to a special commissioner appointed by the court, and the court may act on the report of that commissioner if it thinks fit. An appellant is given the right to be present on the hearing of his appeal, if he desires it, except where the appeal is on some ground involving a question of law alone, but rules of court may provide for his presence in such a case, or the court may give him leave. The act requires shorthand notes to be taken of the proceedings at the trial of any person, who, if convicted, would have a right to appeal under the act. Nothing in the act affects the prerogative of mercy, and the home secretary may, if he thinks fit, at any time refer a case to the court of criminal appeal.

The Court of Appeal.—The court of appeal, constituted under the Judicature Acts, is one of the two permanent divisions of the Supreme Court of Judicature. As now constituted the court consists of ex officio members and five ordinary members, styled lords justices of appeal. The ex officio members are the lord chancellor, every person who has held that office, the lord chief justice, the master of the rolls, and the president of the probate, &c., division.

The ordinary business of the court is carried on by the lords justices under the presidency of the master of the rolls, who in 1881 ceased to be a judge of the High Court (Judicature Act 1881, § 2). The court usually sits in two divisions of three judges, but on occasion a third court can be formed, with the assistance of the other ex officio judges, in the absence of the ordinary judges from illness or public engagements, or to deal with arrears of business. The quorum for final appeals is three, for interlocutory appeals two judges.

The court of appeal has succeeded to the appellate authority exercised (1) in the case of equity and bankruptcy matters by the lord chancellor and the lords justices of appeal in chancery (Judicature Act 1873, § 18); (2) in the case of common law matters, by the court of exchequer chamber, as a court of error, and the superior courts of common law sitting to review the decisions of single judges of these courts sitting with or without a jury at first instance in civil actions; (3) in the case of divorce or probate causes by the full court of divorce (Judicature Act 1881, § 9); (4) in the case of admiralty causes by the king in council or the judicial committee of the privy council; (5) in the case of applications for new trials in jury actions by the king’s bench division (Judicature Act 1890, § 1).

The court never had jurisdiction to hear an appeal in any criminal cause or matter, but was able to review by writ of error decisions of the king’s bench division in such cases, unless the court for crown cases reserved had dealt with the question under the Crown Cases Act 1848. This procedure has been abolished by the Criminal Appeal Act 1907. Instances of procedure by writ of error were rare. Those best worth notice are the cases of the Tichborne claimant on his conviction of perjury, and the case of C. Bradlaugh on the sufficiency of the indictment against him for publishing the Fruits of Philosophy.

The appellate jurisdiction of the court as now exercised entitles the court to hear and determine (1) appeals from every judgment or decree of every division of the High Court in all civil cases in which such judgment is not declared final by statute; (2) applications for a new trial in civil cases tried in the king’s bench division by judge and jury which, until 1890, were dealt with by two or more judges in that division; (3) appeals in matters of civil practice and procedure from decisions of a single judge in chambers, which, until 1894, were dealt with in a divisional court or by a judge in open court; (4) appeals from the chancery courts of Durham (Palatine Court of Durham Act 1889) and Lancaster (act of 1890, c. 23) and the Liverpool court of passage (Anderson v. Dean, 1894, 2 Q.B. 222), and on error in a record of the mayor’s court of London (Le Blanche v. Heaton Telegram Co., 1876, 1 Ex.D. 408); and from county courts under the Agricultural Holdings Acts and Workmen’s Compensation Acts; (5) appeals on questions of law from decisions of the railway commissioners in England (Railway and Canal Traffic Act 1888).

The court of appeal also exercises the lunacy jurisdiction of the lord chancellor, but in regard to this the jurisdiction of the court is for the most part original and not appellate.

The jurisdiction of the court of appeal is excluded or limited in the following cases:—(1) judgments of the High Court—(a) where its jurisdiction is consultative only; (b) where there is an appeal to the High Court from an inferior court of civil jurisdiction; (c) where there is an appeal to the High Court from any court of person, unless in cases (b) and (c) leave be obtained of the court by which the order is made, or of the court of appeal; (2) orders of the High Court in registration and election cases except with the like leave; (3) orders made by consent of parties, or as to costs only which by law are left to the discretion of the court; (4) certain interlocutory orders mentioned in § 1 of the Supreme Court of Judicature (Procedure) Act 1894, except by leave of the judge appealed from or of the court of appeal (5) orders of the admiralty division in cases of prize, the appeal from which lies to His Majesty in Council; (6) where the decision of any court whose jurisdiction was transferred to the High Court is declared by statute to be final; (7) matters which from their nature were not appealable to any court before the Judicature Acts, or in which the court of appeal has no means of enforcing or executing its judgment. For example, it was held in the House of Lords, in Cox v. Hakes, 1890, 15 A.C. 506, that no appeal lies from the order of a judge discharging a prisoner under a writ of habeas corpus. “If,” said Lord Herschell, “the contention of the respondent is to prevail, the statute has effected a grave constitutional change”; and later, “if” the High Court “has inherited the combined powers of the courts whose functions were transferred to it, but none of them had any jurisdiction or authority to review a discharge by a competent court under a writ of habeas corpus, or to enforce the arrest of one thus freed from custody ... it seems to me to follow, that however wrong the court of appeal might think a discharge to have been, it would have been powerless to order a rearrest, or at least to enforce such an order.”

The procedure of the court of appeal is regulated by the rules of the Supreme Court. A distinction is drawn between appeals from a final judgment or order (which, unless the parties consent to a smaller quorum, must be heard by three judges) and an appeal from an interlocutory order (which may be determined by two judges of the court of appeal).

In the case of appeals from a final or interlocutory “judgment,” or from an order, including applications for a new trial, the appeal must be brought within three months from the time when the judgment or order is signed, entered or otherwise perfected, or in the case of refusal of an application from the date of refusal. The appeal is by notice of motion, which

title: Page:EB1911 - Volume 02.djvu/225


text:
The Encyclopedia Americana (1920)/Jastrow, Morris, Jr.

JASTROW, Morris, Jr., American Orientalist: b. Warsaw, Poland, 13 Aug. 1861. He was a son of the preceding and coming to Philadelphia with his parents in early childhood (1866), he was trained in the schools of that city, was graduated from the University of Pennsylvania in 1881, and from the University of Leipzig 1884, receiving the degree ot Ph.D., after which he spent another year in the study of Semitic languages at the Sorbonne, the Collège de France and the Ecole des Langues Orientales Levant Vivantes. He had intended to devote himself to the Jewish ministry, carrying on for this purpose theological studies at the Jewish Seminary of Breslau (Germany) while pursuing the study of Semitic languages at German universities. On his return to the United States in 1885 he was appointed assistant to his father in Philadelphia, which position he voluntarily resigned after one year, in order to devote himself entirely to linguistic and archæological studies. He gradually extended his field to include the history of religions. He has been connected with the University of Pennsylvania since 1885, first as instructor in Semitic languages and afterward, in 1891, appointed to the chair of Semitic languages which position he still holds. In 1888 he was made assistant librarian of the university, and in 1898 librarian-in-chief. His published works are ‘Religion of the Assyrians and Babylonians’ (1898); ‘Two Grammatical Treatises of Abu Zakariyya Hayyug’ (1897); ‘A Fragment of the Babylonian Dibbarra Epic’ (1891); ‘The Study of Religion’ (1901); ‘ Aspects of Religious Practice and Belief among the Babylonians and Assyrians’ (1911); ‘Die Religion Babyloniens und Assyriens’ (3 vols., 1905-12), an enlarged and entirely rewritten German edition of the English work above, together with a separate volume of illustrations bearing on the religion of the Babylonians and Assyrians; ‘Bildermappe zur Religion Babyloniens und Assyriens’ (1912); ‘Hebrew and Babylonian Traditions’ (1914); ‘Babylonian-Assyrian Birth Omens and Their Cultural Significance’ (1914); and ‘The Civilization of Babylonia and Assyria’ (1915). In collaboration with his wife (Helen Bachman Jastrow) he edited an English translation of ‘Selected Essays of James Darmesteter’ (1895), the translation from the French being made by Mrs. Jastrow, and he adding a memoir of Darmesteter. In addition to the above he has published a large number of papers on Assyriological, Biblical and Hebrew topics, as well as articles dealing with the history of religions and with archæological problems in the periodicals of learned societies of America and Europe and in technical periodicals of various parts of the world. He has also been a contributor to various Bible dictionaries, to the ‘Jewish Encyclopedia,’ ‘Encyclopedia Britannica,’ ‘International Encyclopedia,’ to ‘Webster's Dictionary,’ etc. A bibliography of his books, monographs and papers, covering the years 1885-1916, was compiled and published (for private circulation) by Profs. A. T. Clay and J. A. Montgomery.


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144 out that he was a rising physician, nephew to the old doctor, and 'way above the common run. But he always spoke to the other like a soldier to his general.

"Well, that's not all the doctor did; for during the entire week after, he came every day, and when I would hear his carriage rumbling over our poor little street, I would say, 'Heaven knows what we shall ever do to pay him.' For we well knew that Doctor Faron attended dukes and noblemen, and charged them by the thousand.

"We had some hundred francs in the Savings, to be sure, but I was thinking what we should do if he charged two or three times as much. You can understand how very awkward it would have been. It fairly made me sick.

"At last, one morning when my husband was at home, I mustered up all my courage and began:

"'Doctor Faron, you have been so good, too good to us. You have saved our boy's life.'

"'You may prate over that just as much as you please, my dear; but recollect it is my trade to cut up such little chaps.'

"'But not those who live au cinquième in the Rue Serpente, sir.'

"You see, ma'm'selle, how I was leading up to the question?

"'How's that? how's that? Why, what are you talking about? Those before anybody else, to be sure. Are they not most in need?'


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Rh "'I know you have the best heart in the world, doctor; but that's not what I mean. Now, that the child is well, we want to—we are not rich—but still—'

"By this time I was as red as a cock's comb, and the more I tried to express myself the worse it got.

"'You want to pay me. I see, I see,' said he suddenly. 'Well, you owe me precisely nothing, if you don't think that too much.'

"'Oh! doctor! we could n't—we must—'

"'Let us pay according to our means, doctor,' says my husband.

"Well, then, I don't want to wound you, my friends. If you prefer to pay something, my charge is just fifty francs. And now don't bother me any more about it. (He pretended to be angry, and it was so droll.) Don't bother me, I say, you lunatics. Fifty francs, I tell you, and not a copper less; in specie, too; no paper money for me. Next Sunday dress the little man, and have him ready; for I wish him to take a turn in the Bois de Boulogne.'

"Ah! there's no end to your kindness, doctor.'

"'Do n't interrupt me, I say. After his drive, bring him to see me; and let him fetch the money himself. Do you hear?'

"Well, ma'm'selle," added Louise, "that very evening here comes a basket of wine, although we had n't finished the other. What a man!