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 impression upon her trusting little heart. Sweet innocent! she will believe every word you say. It is so easy to deceive a woman—in this way.

Dear little souls, they hate flattery, so they tell you; and, when you say, "Ah, darling, it isn't flattery in your case, it's plain, sober truth; you really are, without exaggeration, the most beautiful, the most good, the most charming, the most divine, the most perfect human creature that ever trod this earth," they will smile a quiet, approving smile, and, leaning against your manly shoulder, murmur that you are a dear good fellow after all.

By Jove, fancy a man trying to make love on strictly truthful principles, determining never to utter a word of mere compliment or hyperbole, but to scrupulously confine himself to exact fact! Fancy his gazing rapturously into his mistress' eyes, and whispering softly to her that she wasn't, on the whole, bad looking, as girls went! Fancy his holding up her little hand, and assuring her that it was of a light drab colour, shot with red; and telling her, as he pressed her to his heart, that her nose, for a turned-up one, seemed rather pretty; and that her eyes appeared to him, as far as he could judge, to be quite up to the average standard of such things!

A nice chance he would stand against the man who would tell her that her face was like a fresh blush rose, that her hair was a wandering sunbeam


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 imprisoned by her smiles, and her eyes like two evening stars. There are various ways of flattering, and, of course, you must adapt your style to your subject. Some people like it laid on with a trowel, and this requires very little art. With sensible persons, however, it needs to be done very delicately, and more by suggestion than actual words. A good many like it wrapped up in the form of an insult, as—"Oh, you are a perfect fool, you are. You would give your last sixpence to the first hungry-looking beggar you met;" while others will swallow it only when administered through the medium of a third person, so that if C wishes to get at an A of this sort, he must confide to A's particular friend B that he thinks A a splendid fellow, and beg him, B, not to mention it, especially to A. Be careful that B is a reliable man, though, otherwise he won't.

Those fine, sturdy John Bulls, who "hate flattery, sir," "Never let anybody get over me by flattery," &c. &c., are very simply managed. Flatter them enough upon their absence of vanity, and you can do what you like with them.

After all, vanity is as much a virtue as a vice. It is easy to recite copy-book maxims against its sinfulness, but it is a passion that can move us to good as well as to evil. Ambition is only vanity ennobled. We want to win praise and admiration—or Fame as

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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 we prefer to name it—and so we write great books, and paint grand pictures, and sing sweet songs; and toil with willing hands in study, loom, and laboratory.

We wish to become rich men, not in order to enjoy ease and comfort—all that any one man can taste of those may be purchased anywhere for two hundred pounds per annum—but that our houses may be bigger and more gaudily furnished than our neighbours'; that our horses and servants may be more numerous; that we may dress our wives and daughters in absurd, but expensive clothes; and that we may give costly dinners of which we ourselves individually do not eat a shilling's worth. And to do this, we aid the world's work with clear and busy brain, spreading commerce among its peoples, carrying civilisation to its remotest corners.

Do not let us abuse vanity, therefore. Rather let us use it. Honour itself is but the highest form of vanity. The instinct is not confined solely to Beau Brummels and Dolly Vardens. There is the vanity of the peacock, and the vanity of the eagle. Snobs are vain. But so, too, are heroes. Come, oh! my young brother bucks, let us be vain together. Let us join hands, and help each other to increase our vanity. Let us be vain, not of our trousers and hair, but of brave hearts and working hands, of truth, of purity, of nobility. Let us be too vain to stoop to aught that is mean or base, too vain for petty selfishness and


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 little-minded envy, too vain to say an unkind word or do an unkind act. Let us be vain of being single-hearted, upright gentlemen in the midst of a world of knaves. Let us pride ourselves upon thinking high thoughts achieving great deeds, living good lives.


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exactly the sort of thing for an idle fellow to think about, is it? But outsiders, you know, often see most of the game; and sitting in my arbour by the wayside, smoking my hookah of contentment, and eating the sweet lotus-leaves of indolence, I can look out musingly upon the whirling throng that rolls and tumbles past me on the great high road of life.

Never-ending is the wild procession. Day and night you can hear the quick tramp of the myriad feet—some running, some walking, some halting and lame; but all hastening, all eager in the feverish race, all straining life and limb and heart and soul to reach the ever-receding horizon of success.

Mark them as they surge along—men and women, old and young, gentle and simple, fair and foul, rich and poor, merry and sad—all hurrying, bustling, scrambling. The strong pushing aside the weak, the cunning creeping past the foolish; those behind elbowing those before; those in front kicking, as they run, at those behind. Look close, and see the flitting show!


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 when the hollow skin reverberates to the drummer's wrist, and each dub-a-dub goes direct to a man's heart, and puts madness there, and that disposition of the pulses which we, in our big way of talking, nickname Heroism:—is there not something in the nature of a revenge upon the donkey's persecutors? Of old, he might say, you drubbed me up hill and down dale, and I must endure; but now that I am dead, those dull thwacks that were scarcely audible in country lanes, have become stirring music in front of the brigade; and for every blow that you lay on my old great coat, you will see a comrade stumble and fall.

Not long after the drums had passed the café, the Cigarette and the Arethusa began to grow sleepy, and set out for the hotel which was only a door or two away. But although we had been somewhat indifferent to Landrecies, Landrecies had not been indifferent to us. All


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 day, we learned, people had been running out between the squalls to visit our two boats. Hundreds of persons, so said report, although it fitted ill with our idea of the town—hundreds of persons had inspected them where they lay in a coal-shed. We were becoming lions in Landrecies, who had been only pedlars the night before in Pont.

And now, when we left the café, we were pursued and overtaken at the hotel door, by no less a person than the Juge de Paix: a functionary, as far as I can make out, of the character of a Scotch Sheriff Substitute. He gave us his card and invited us to sup with him on the spot, very neatly, very gracefully, as Frenchmen can do these things. It was for the credit of Landrecies, said he; and although we knew very well how little credit we could do the place, we must have been churlish fellows to refuse an invitation so politely introduced.


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 The house of the Judge was close by; it was a well-appointed bachelor's establishment with a curious collection of old brass warming-pans upon the walls. Some of these were most elaborately carved. It seemed a picturesque idea for a collector. You could not help thinking how many night-caps had wagged over these warming-pans in past generations; what jests may have been made, and kisses taken, while they were in service; and how often they had been uselessly paraded in the bed of death. If they could only speak, at what absurd, indecorous and tragical scenes, had they not been present!

The wine was excellent. When we made the Judge our compliments upon a bottle, "I do not give it you as my worst," said he. I wonder when Englishmen will learn these hospitable graces. They are worth learning; they set off life, and make ordinary moments ornamental.


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 There were two other Landrecienses present. One was the collector of something or other, I forget what; the other, we were told, was the principal notary of the place. So it happened that we all five more or less followed the law. At this rate, the talk was pretty certain to become technical. The Cigarette expounded the poor laws very magisterially. And a little later I found myself laying down the Scotch Law of Illegitimacy, of which I am glad to say I know nothing. The collector and the notary, who were both married men, accused the Judge, who was a bachelor, of having started the subject. He deprecated the charge, with a conscious, pleased air, just like all the men I have ever seen, be they French or English. How strange that we should all, in our unguarded moments, rather like to be thought a bit of a rogue with the women!

As the evening went on, the wine grew more


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 to my taste; the spirits proved better than the wine; the company was genial. This was the highest water mark of popular favour on the whole cruise. After all, being in a Judge's house, was there not something semi-official in the tribute? And so, remembering what a great country France is, we did full justice to our entertainment. Landrecies had been a long while asleep before we returned to the hotel; and the sentries on the ramparts were already looking for daybreak.


text: An Inland Voyage/Chapter 9

title: An Inland Voyage/Chapter 9


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day we made a late start in the rain. The Judge politely escorted us to the end of the lock under an umbrella. We had now brought ourselves to a pitch of humility in the matter of weather, not often attained except in the Scotch Highlands. A rag of blue sky or a glimpse of sunshine set our hearts singing; and when the rain was not heavy, we counted the day almost fair.

Long lines of barges lay one after another along the canal; many of them looking mighty spruce and ship-shape in their jerkin of Archangel tar picked out with white and green. Some carried gay iron railings, and quite a


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 parterre of flowerpots. Children played on the decks, as heedless of the rain as if they had been brought up on Loch Garron side; men fished over the gunwale, some of them under umbrellas; women did their washing; and every barge boasted its mongrel cur by way of watch-dog. Each one barked furiously at the canoes, running alongside until he had got to the end of his own ship, and so passing on the word to the dog aboard the next. We must have seen something like a hundred of these embarkations in the course of that day's paddle, ranged one after another like the houses in a street; and from not one of them were we disappointed of this accompaniment. It was like visiting a menageric, the Cigarette remarked.

These little cities by the canal side had a very odd effect upon the mind. They seemed, with their flowerpots and smoking chimneys, their washings and dinners, a rooted piece of nature in


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 the scene; and yet if only the canal below were to open, one junk after another would hoist sail or harness horses and swim away into all parts of France; and the impromptu hamlet would separate, house by house, to the four winds. The children who played together to-day by the Sambre and Oise Canal, each at his own father's threshold, when and where might they next meet?

For some time past the subject of barges had occupied a great deal of our talk, and we had projected an old age on the canals of Europe. It was to be the most leisurely of progresses, now on a swift river at the tail of a steam-boat, now waiting horses for days together on some inconsiderable junction. We should be seen pottering on deck in all the dignity of years, our white beards falling into our laps. We were ever to be busied among paintpots; so that there should be no white fresher, and no


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 green more emerald than ours, in all the navy of the canals. There should be books in the cabin, and tobacco jars, and some old Burgundy as red as a November sunset and as odorous as a violet in April. There should be a flageolet whence the Cigarette, with cunning touch, should draw melting music under the stars; or perhaps, laying that aside, upraise his voice—somewhat thinner than of yore, and with here and there a quaver, or call it a natural grace note—in rich and solemn psalmody.

All this simmering in my mind, set me wishing to go aboard one of these ideal houses of lounging. I had plenty to choose from, as I coasted one after another, and the dogs bayed at me for a vagrant. At last I saw a nice old man and his wife looking at me with some interest, so I gave them good day and pulled up alongside. I began with a remark upon their dog, which had somewhat the look of a


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now, as to the right or wrong of the performance as a whole. Do you see any objection to the play from a religious point of view?"

"No," I reply, "I do not; nor do I understand how anybody else, and least of all a really believing Christian, can either. To argue as some do, that Christianity should be treated as a sacred mystery, is to argue against the whole scheme of Christianity. It was Christ himself that rent the veil of the Temple, and brought religion down into the streets and market-places of the world. Christ was a common man. He lived a common life, among common men and women. He died a common death. His own methods of teaching were what a Saturday reviewer, had he to deal with the case, would undoubtedly term vulgar. The roots of Christianity are planted deep down in the very soil of life, amid all that is commonplace, and mean, and petty, and every-day. Its strength lies in its simplicity, its homely humanness. It has spread itself through the world by speaking to the hearts, rather than to the heads, of men. If it is still to live and grow, it must be helped along by such methods


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 as these peasant players of Ober-Ammergau employ, not by high-class essays and the learned discussions of the cultured.

"The crowded audience that sat beside us in the theatre yesterday saw Christ of Nazareth nearer than any book, however inspired, could bring him to them; clearer than any words, however eloquent, could show him. They saw the sorrow of his patient face. They heard his deep tones calling to them. They saw him in the hour of his so-called triumph, wending his way through the narrow streets of Jerusalem, the multitude that thronged round him waving their branches of green palms and shouting loud hosannas."

"What a poor scene of triumph!—a poor-clad, pale-faced man, mounted upon the back of a shuffling, unwilling little grey donkey, passing slowly through the byways of a city, busy upon other things. Beside him, a little band of worn, anxious men, clad in threadbare garments—fishermen, petty clerks, and the like; and, following, a noisy rabble, shouting, as crowds in all lands and in all times shout, and as dogs bark, they know not why—because others are shouting, or barking. And that scene marks the highest triumph won while he lived on earth by the village carpenter of Galilee, about whom the world has been fighting and thinking and talking so hard for the last eighteen hundred years.

"They saw him, angry and indignant, driving out the desecrators from the temple. They saw the rabble, who a few brief moments before had followed him, shouting 'Hosanna,' slinking away from him to shout with his foes.

"They saw the high priests in their robes of


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 white, with the rabbis and doctors, all the great and learned in the land, sitting late into the night beneath the vaulted roof of the Sanhedrin's council-hall, plotting his death.

"They saw him supping with his disciples in the house of Simon. They saw poor, loving Mary Magdalen wash his feet with costly ointment, that might have been sold for three hundred pence, and the money given to the poor-'and us.' Judas was so thoughtful for the poor, so eager that other people should sell all they had, and give the money to the poor—'and us.' Methinks that, even in this nineteenth century, one can still hear from many a tub and platform the voice of Judas, complaining of all waste, and pleading for the poor—'and us.'

"They were present at the parting of Mary and Jesus by Bethany, and it will be many a day before the memory of that scene ceases to vibrate in their hearts. It is the scene that brings the humanness of the great tragedy most. closely home to us. Jesus is going to face sorrow and death at Jerusalem. Mary's instinct tells her that this is so, and she pleads to him to stay.

"Poor Mary! To others he is the Christ, the Saviour of mankind, setting forth upon his mighty mission to redeem the world. To loving Mary Mother, he is her son: the baby she has suckled at her breast, the little one she has crooned to sleep upon her lap, whose little cheek has lain against her heart, whose little feet have made sweet music through the poor home at Bethany: he is her boy, her child; she would wrap her mother's arms around him, and hold him safe against all the world, against even heaven itself.

"Never, in any human drama, have I witnessed a more


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 moving scene than this. Never has the voice of any actress (and I have seen some of the greatest, if any great ones are living) stirred my heart as did the voice of Rosa Lang, the Burgomaster's daughter. It was not the voice of one woman, it was the voice of Motherdom, gathered together from all the world over.

"Oliver Wendell Holmes, in The Autocrat of the Breakfast Table, I think, confesses to having been bewitched at different times by two women's voices, and adds that both these voices belonged to German women. I am not surprised at either statement of the good doctor's. I am sure if a man did fall in love with a voice, he would find, on tracing it to its source, that it was the voice of some homely-looking German woman. I have never heard such exquisite soul-drawing music in my life, as I have more than once heard float from the lips of some sweet-faced German Fraulein when she opened her mouth to speak. The voice has been so pure, so clear, so deep, so full of soft caressing tenderness, so strong to comfort, so gentle to soothe, it has seemed like one of those harmonies musicians tell us that they dream of, but can never chain to earth.

"As I sat in the theatre, listening to the wondrous tones of this mountain peasant-woman, rising and falling like the murmur of a sea, filling the vast sky-covered building with their yearning notes, stirring like a great wind stirs Æolian strings, the thousands of trembling hearts around her, it seemed to me that I was indeed. listening to the voice of the 'mother of the world,' of mother Nature herself.

"They saw him, as they had often seen him in pictures, sitting for the last time with his disciples at supper. But yesterday they saw him, not a mute, moveless figure,


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Author:Augustus Hoppin

Works

 * Karl Kiegler, or, The Fortunes of a Foundling (1859)
 * Jubilee days. An Illustrated Daily Record of the Humorous Features of the World's Peace Jubilee (1872)
 * Crossing the Atlantic (1872)
 * Hay Fever (1873)
 * On the Nile (1874)
 * Crossing the Atlantic, illustrated (1880)
 * Ups and Downs On Land and Water (1880)
 * Recollections of Auton House: A Book for Children (1881)
 * A Fashionable Sufferer; or, Chapters from Life's Comedy (1883)
 * Two Compton Boys (1885)

As illustrator

 * Potiphar papers (1853) by George William Curtis
 * The Tell-Tale: or, Home Secrets Told by Old Travellers (1853) by Austin Phelps
 * Nothing to Wear: An Episode in City Life (1857) by William Allen Butler
 * The Autocrat of the Breakfast Table (1858) by Oliver Wendell Holmes
 * Husband vs. Wife (1858) by Henry Clapp
 * Trumps: A Novel (1861) by George William Curtis
 * Poems; with autobiographic and other notes (1862) by Thomas Hewlings Stockton
 * Contraband Christmas (1864) by Nathaniel William Taylor Root
 * Country Love vs. City Flirtation (1865) by Henry Thompson Sperry
 * Old Grimes (1867) by Albert Gorton Greene
 * Summer in Leslie Goldthwaite's life (1867) by Adeline Dutton Train Whitney
 * Three proverb stories (c.1870) by Louisa May Alcott
 * Mother Goose for grown folks ([1870]) by Adeline Dutton Train Whitney
 * Houses not made with hands (1871) by Mamma Geegee
 * Backlog Studies (1873) by Charles Dudley Warner
 * Proud Miss MacBride: A Legend of Gotham  (1874) by John Godfrey Saxe
 * Suburban Sketches (1875) by William Dean Howells
 * Prince Carrotte: And Other Chronicles (1881) by Virginia Baker
 * One Summer (1886) by Blanche Willis Howard

title: Author:Augustus Hoppin


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 An Experimental Investigation concerning the Effects of "Tuba" (Derris elliptica) Fish-Poison.

"Tuba" is a term used by the Malays to denote various plants which possess fish-poisoning properties. Derris elliptica Benth., Leguminosa, is the most powerful of these plants.

Interesting accounts of "tuba" fishing are given by George Maxwell (1) and W. H. Furness (2). According to these authors the root of the low climbing plant, Derris elliptica, is most commonly employed. The root is pounded by a club and then extracted by soaking it in water contained in boats. The soaked root is compressed and a milky-white watery fluid escapes. This fluid is mixed with lime to make it sink and spread when poured into the river. Previously a barricade has been erected some distance down the river to prevent the fish escaping. The poison stupefies the fish and they flee before it. Men in boats and on the barricade scoop up the fish in nets or spear them as they come to the surface. Furness says that the fish seem to be affected by suffocation.

Research has been done concerning the chemical composition of this poison. M. Greshoff (3) obtained a resin which he called "derrid" and which he found to resemble pachyrrhizid, timboine, niruoline and piscidine in composition. Wray (4) also isolated a resinous substance which he named "tubaine."

I can find no research concerning the actions of the poison upon the living tissues, although much has been written about its apparent actions. Greshoff (5) says that drinking the poison produces vomiting, dizziness and death. He records a case of suicide in Java. Ridley (6) mentions that "tuba" poison is speedily fatal to man when swallowed or to fish when in contact with the gills; and that it is used by Malays as an abortifacient (7). Gimlette (8) gives a good deal of information. Fish stupefied by the poison can be eaten with impunity by man. Chinese use the poison extensively as an insecticide, especially for spraying pepper vines. It is put into wells with criminal intent, but death seems to be rare. A decoction is used by Malay girls to produce abortion; death sometimes occurs owing to uterine haemorrhage. Acute cases of poisoning are characterised by fixation of the jaws. In Borneo the Dyak girls use it to commit suicide. It is also mixed with "ipoh" poison by the Sakei in preparation of dart poison for blow pipes.


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 New and Rare Malayan Plants. Series VIII.

Herewith I give an account of some additions to the Flora of the Malay Peninsula, with notes on species insufficiently or incorrectly described, in continuation of the Series previously described in the Journal.

Ryparosa Wallichil, n. sp. (Biraceæ). A tree; branches when young covered with red hair. Leaves glabrous above, coriaccous, lanceolate-oblong, base slightly narrowed, apex acute, pale whitish beneath, 8-9 inches long. 2 inches wide, the nerves five pairs, elevated, ascending, often hairy beneath: midrib also hairy; petiole 1.5 inches long, hairy. Male racemes axillary or from the trunk of the tree, 6-8 inches long; bracts small, lanceolate; pedicels 25 inches long. Flowers 2 inches long, yellow. Sepals 5, short, ovate, hairy. Petals rounded, hairy, much larger than the sepals, with the scale inside about half as long, and hairy. Staminal column glabrous: anthers 4, oblong.

 * Gardens' jungle (Ridley). : "A climber from the hills, October" (Wallich 7847B); Herb. Finlayson (Wallich 7847A).

Wallich's specimens are like the Botanic Gardens ones—male, but with young spikes, axillary and quite short. Those from the Gardens' jungle were fully developed and borne on the trunk. Wallich describes it as a climber from the Penang hills; but it has not been collected again, and as no species of the genus is a climber, it is possible that the label is wrongly affixed. The species is chiefly remarkable for its narrow leaves and hairy inflorescence.

Xanthophyllum puberulum, n. sp. (Polygalaceæ). A large shrub with pubescent branches. Leaves oblong-elliptic or lanceolate, cuspidate, shortly narrowed at the base, thinly coriaccous, 5.5 to 8 inches long, 2-25 to 2.75 inches broad, nerves 5 to 6 pairs, elevate beneath; reticulations large, all pubescent: petiole 25 inches long. Flowers white, in short terminal panicles 2 to 3 inches long, pubescent: branches few. Sepals unequal, ovate obtuse, minutely pubescent. Petals spathulate, glabrous: keel slightly pubescent. Stamens glabrous except at the base. Ovary villous, stipitate; ovules 4.

 * by the stream at Klang Gates (Ridley 13396). : at Lumut (Ridley 10366). Flowering in August.


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 William Jack's Letters to Nathaniel Wallich, 1819-1821.

copied for the Straits Branch of the Royal Asiatic Society. from the Records of the Royal Botanic Gardens, Calcutta, by kind permission, under the superintendence of Major, edited, with a list of the plants known to have been collected by Jack, and with notes by.

Sir Stamford Raffles, in 1817, when on leave in England, was appointed by the Court of Directors of the Honourable East India Company to the post of Lieutenant-Governor of the decaying settlement of Bencoolen in Sumatra; and he sailed from Portsmouth to take up his new duties. He had attached to his staff the naturalist Joseph Arnold, whose name is so aptly associated with his own in Rafflesia Arnoldi,—that of the parasite with the gigantic flower, which they discovered together on a journey into the interior of Sumatra (May 20th, 1818). Soon after this, perhaps from the fatigues of this very journey, Arnold died (vide Memoir of the Life and Public Services of Sir Thomas Stamford Raffles, London 1830, p. 365).

Affairs so fell that after Arnold's death Raffles had to revisit Calcutta, and when there he got together a staff of naturalists. This is how he alludes to them in a letter dated Nov. 26th, 1818 to the Duchess of Somerset "I take down from hence a medical man of the name of Jack, who will be entrusted with the botanical part of my researches: and I have two Frenchmen, M. Diard and M. Duvaucel, the former the pupil and the later the step-son of Cuvier....... These three savans with a missionary clergyman, who takes charge of a printing press, form my equipment from Calcutta, so that I hope we may do something."

William Jack, who has thus been introduced to the reader, was the eldest son of the Rev. William Jack, and his wife Grace Bouli.

Of the father, Dr. J. W. H. Traill, Professor of Botany in the University of Aberdeen, has been so good as to supply the following information. He had the degrees of M.A. and M.D, and was chosen to be Professor of Mathematics in King's College, Aberdeen in 1794. This chair he held until 1811 when he exchanged it for that of Moral Philosophy. In 1815 he was elected to the post of Principal, and held it until his death at a great age in 1854.

The son's career is given in Hooker's Companion to the Botanical Magazine, i. 1835, p. 120, from the pen of his mother:


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 Preliminary Diagnoses of some New Species and Subspecies of Mammals and Birds Obtained in Korinchi, West Sumatra, Feb.–June 1914

,

and

,

The following brief diagnoses, which are merely sufficient to establish the species and subspecies, are published in advance of the detailed report on our expedition to Korinchi Peak to be issued by this society, which may possibly be somewhat delayed. In it will be found the narrative of the expedition, detailed descriptions of all new forms and a complete account of the zoological and botanical results.

ERINACEIDAE.

Hylomys parvus, sp. nov. Type:—Adult female (skin and skull), Federated Malay States Museums No. 576/14, collected on Korinchi Peak, 10,000', West Sumatra, on 9th May 1914, by H. C. Robinson and C. Boden Kloss.

Characters: Like H. suillus but smaller, though with tail actually longer and bicolored; fur longer and less harsh and the grey of the underparts rather more pronounced. Skull more lightly built, teeth strikingly smaller.

Measurements:—Head and body, [105 av.]: tail, 25; hindfoot, 23.5 mm. Skull: greatest length, 31.2; basal length, 21.8; palatal length. 17.0; upper tooth row, 15.8; pm4-m3, 6.9; breadth of palate behind canine, 1.1; zygomatic breadth, 15.6; length of mandible, 22.4 mm,

Specimens examined:—Twenty.

SCIURIDAE.

Sciurus tenuis altitudinis, subsp. nov. Type:—Adult male (skin and skull). Federated Malay States Museums No. 471/14, collected at Sungei Kring, Korinchi Peak, 7,300',


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 Barnacles from deep-sea Telegraph Cables in the Malay Archipelago. BY N. ANNANDALE, D. Sc., F. A. S. B. (Zoological Survey of India). Many years ago Capt. F. Worsley of the S. S. 'Sherard Osborne obtained a number of deep-sca barnacles from cables that his ship was engaged in repairing. Some of these he presented to the Indian Museum in Calcutta, the others (the major part) to the Raffles Museum in Singapore. Those in the Indian Museum were described by me in 1905 in the Memoirs of the Asiatic Society of Bengal, I have now to thank Dr. Hanitsel for the opportunity of examining those in Singapore and of comparing selected speci- mens with the collection in Calcutta. There is one slight uncertainty as to the provenance of the Singapore specimens. A large portion of them are stated to have been found in lat. 10° 22' 30", but it is not stated whether North or South. There can, however, be little real doubt that South is meant, for the corresponding specimens in Calcutta are labelled. "Bali Straits." The majority of the specimens are from Bali and Gasper Straits and the Java Sea. There is also one species from off Timor. Probably all were brought up from depths of between 60 and 200 fathoms, except IIeleralepas malaysiana, the type-specimen of which came from 30 fathoms. A remarkable feature of the collection is the very large pro- portion of otherwise unknown forins represented in it. In the following list those species that are recorded also from other sources are distinguished by a star at the end of their names. List of the Pedunculate Barnacles from Telegraph Cables in the Malay Archipelago. Scalpellum (Smilium) nudipes, Scalpellum stearnsi," Pilsbry. sp. nor. Scalpellum sociabile, Annandale. Scalpellum hamulus,* Hook. Scalpellum sociabile var. porei- Scalpellum persona, sp. nov. IIeteralepas gigas (Annandale), Heteralepas (Paralepas) malay- siana (Annandale). ceps, var. nov. Poecilasma (Glyptelasma) gigas, sp. nov. Jour. Straits Branch R. A. Soc., No. 74, 1916.


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 sighed and the old Roman, Eheu! I have no doubt we should die of shame and grief at the indignities offered us by age, if it were not that we see so many others as badly or worse off than ourselves. We always compare ourselves with our contemporaries.

[I was interrupted in my reading just here. Before I began at the next breakfast, I read them these verses;—I hope you will like them, and get a useful lesson from them.]


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As to giving up because the almanac or the Family-Bible says that it is about time to do it, I have no intention of doing any such thing. I grant you that I burn less carbon than some years ago. I see people of my standing really good for nothing, decrepit, effete, la lèvre inférieure déjà pendante, with what little life they have left mainly concentrated in their epigastrium. But as the disease of old age is epidemic, endemic, and sporadic, and everybody that lives long enough is sure to catch it, I am going to say, for the encouragement of such as need it, how I treat the malady in my own case.

First. As I feel, that, when I have anything to do, there is less time for it than when I was younger, I find that I give my attention more thoroughly, and use my time more economically than ever before; so that I can learn anything twice as easily as in my earlier days. I am not, therefore, afraid to attack a new study. I took up a difficult language a very few years ago with good success, and think of mathematics and metaphysics by-and-by.

Secondly. I have opened my eyes to a good many neglected privileges and pleasures within my reach, and requiring only a little courage to enjoy them. You may well suppose it pleased me to find that old


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Little Elephant's Christmas (1938) by Heluiz Chandler Washburne, the second instalment in her Little Elephant children's book series, is a heartwarming tale of a young elephant's anticipation and celebration of Christmas. It captures the excitement of receiving and giving gifts, decorating the Christmas tree, and spending time with family. As Little Elephant engages in holiday activities, such as helping with the Christmas pudding and opening his stocking filled with surprises, the story conveys the magic and joy of the festive season through the eyes of a child. Little Elephant was all excited. In a few days it would be Christmas. School was over and snow lay white and thick on the ground. Many times each day the bell in the kitchen went ting-a-ling-a-ling and Little Elephant rushed to the door to see who was there. Sometimes it was the expressman who drove up in a truck and dumped a big box or two. Sometimes it was the postman who came up the path with a mail bag of little bundles swinging from his trunk.

There were long bundles, short bundles, flat bundles, round bundles, thin bundles, square bundles—bundles, bundles, bundles! And all of them were pasted over with bright red Christmas seals. . ..
 * (Read on...)

''"**pagename**" (**short introductory statement**) Author:**name**. (**Summary statement about work**) '' (**snippet of starting text of work**)
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 Every time that my duties called me to Bicêtre I was sure that I should have to put up with such reproaches as I received from Masson. I seldom entered into discussion with the prisoner who apostrophized me: but I was not always silent, for fear that he might suppose, not that I despised him, but that I was afraid of him. Being in the presence of some hundreds of malefactors who had all, more or less, to complain of me, since they had all been apprehended by me, it may be supposed that it was necessary to evince some firmness, but this firmness was never more requisite than on the day when I first made my appearance in the midst of this horrible population.

I was no sooner the principal agent of the police of safety, than, most jealous of the proper fulfilment of the duty confided to me, I devoted myself seriously to acquire the necessary information. It seemed to me an excellent method to class, as accurately as possible, the descriptions of all the individuals at whom the finger of justice was pointed. I could thereby more readily recognise them if they should escape, and at the expiration of the sentence it became more easy for me to have that surveillance over them that was required of me. I then solicited from M. Henry authority to go to Bicêtre with my auxiliaries, that I might examine, during the operation of fettering, both the convicts of Paris and those from the provinces, who generally assemble on the same chain. M. Henry made many observations to turn me from a step, of which the advantages did not seem to him proportioned to the imminent danger to which I should thereby expose myself.

"I am informed," said he to me, "that the prisoners have conspired to play you some mischievous trick. If you persist—if you go at the departure of the chain, you will afford them an opportunity which they have long anxiously awaited: and, by my honour, whatever precaution you may take, I will not insure your safety." I thanked this gentleman for the interest which he testi-


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 fied for me, but at the same time insisted that he should accord me the permission I asked for, and he at length gave me the order which it was necessary for me to obtain.

On the day of fettering I went to Bicêtre with some of my agents; I entered the court, and instantly a most tumultuous uproar ensued, mingled with cries: "Down with the spies! down with the villain! down with Vidocq!" were heard from all the windows, where the prisoners, mounted on each other's shoulders, with faces pressed against the bars, were collected in groups. I advanced a few paces, and the vociferations redoubled; the whole place resounded with invectives and threats of destruction, uttered with accents of fury; it was a most infernal sight to look at the visages of these cannibals, on which were manifested, by horrible contortions, the thirst of blood and the desire of vengeance. There was throughout the whole prison a most frightful uproar; I could not restrain an impulse of terror, and reproaching myself with my imprudence, was almost tempted to beat a retreat; but suddenly my courage mounted. "What!" said I to myself, "thou hast not trembled when thou hast attacked the villains in their dens: they are here under bolts and bars, and art thou now scared? Courage; if thou must perish, at least make head against the storm, and let them not think they have intimidated thee!"

This return to a resolution more suited to the opinion which should really be formed of me, was so rapid as to leave no opportunity for any person to remark my weakness; I soon recovered all my courage, and, no longer burthened by a shadow of fear, walked boldly forward with my eyes fixed on the windows, and advanced to those of the lower story. At this moment a new burst of rage was evinced by the prisoners. They were not men, but ferocious beasts who were roaring: it was a tumult, a noise; it might have been thought that Bicêtre was about to be rent from its foundations, and that the walls of its cells were actually gaping


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 open. In the midst of this outrageous din, I made a signal that I wished to speak: a dead silence ensued after the tempest, and they listened. "Scum of the mob," I said, "why do you howl thus? It was when I grabbed you that you should, not have cried out, but defended yourselves. Shall you be any better for thus reproaching me? You treat me as a spy; well! I am a spy, but so are you also, for there is not one amongst you who has not offered to sell his comrade to me, in the hopes of thereby obtaining an impunity which I would not grant you; I rendered you to justice because you were culpable. I have not spared you I know; what motives have I for doing so? Is there any one here whom I ever knew when a freeman who can reproach me with ever having been his accomplice? Besides, even if I have been a thief, tell me what does it prove but that I am more skilful or fortunate than you, since I have not been caught in the fact. I defy the most malicious to show a tittle of evidence to prove that I have been accused of robbery or swindling. It is useless to seek for twelve o'clock at three in the morning; oppose me by a single fact, one solitary truth, and I will confess myself the greatest rogue amongst you all. Is it the profession that you disapprove? let those who blame me most for this tell me frankly, whether they do not a hundred times a day desire to be in my place?"

This harangue, during which no one interrupted me, was followed by hooting and shouting. Soon afterwards vociferations and roarings began again, but I felt no sensation but that of indignation, and, transported with anger, I became bold even beyond my strength. They announced that the convicts were about to be led into the court of fetters; I went to post myself in the passage, at the moment when they came to the call; and, determined on selling my life dearly, I awaited until they should try to accomplish their threats. I confess that, in my mind, I desired much that one of them should attempt to lay hands upon me, so greatly did


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 the desire of vengeance animate me. Ill fated was the man who would have dared to assail me! but not one of these wretches made the least attempt, and I had only to endure the scowling look, to which I responded with that assurance which always disconcerts the enemy. The call terminated, a low murmur was the prelude to a fresh uproar: they vomited forth imprecations against me; "Let him come on then, he remains at the gate," the convicts bellowed forth, adding to my name the grossest epithets. Driven to extremity by this insolent defiance, I entered with one of my agents, and went into the midst of two hundred robbers, the majority of whom were arrested by me: "Come on, my friends! courage," cried they in the cells in which they were shut up, "look at the pig, kill him, and let us hear no more about him."

Now or never was the thethe [sic] time;—"Now, gentlemen," said I to the galley slaves, "kill him, you see that they advise you well; try." I do not know what revolution of opinion actuated them, but the more I was in their power, the more they became appeased. At the termination of the fettering, those men, who had sworn to exterminate me, were so much softened that many of them begged me to render them slight services. They had no reason to repent of having taxed my kindness, and the next day, at the hour of departure, after having thanked me, they bade me a cordial farewell. All was changed from black to white; the most mutinous of the previous evening had become supple, respectful at least in appearance, and almost overpoweringly so.

This was an experimental lesson of which I never lost the remembrance. It proved to me that, with persons of this stamp, we can only be potent when resolute: to keep them respectful, it is enough to have awed them once. From this period, I never allowed the chain to quit unless I attended the fettering of the convicts, and, with very few exceptions, I was never afterwards insulted. The convicts were accustomed to


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 New Notes on the Game of "Chongkak."

A few years ago, driving with a friend along the coast-road from Sourabaya to Grissé, we noticed two Madurese coolies playing "chongkak," which in Java is called "dakon." For a few guilders we bought the board, an old piece, beautifully carved, apparently of Balinese origin. It has the shape of a dragon with two heads, the back being flat and containing the two rows of 9 holes each, and the two "rumahs." The body rests on four wheels. I had seen "chongkak" played in Singapore, and the game our Javanese servants explained to us, (which they did rather unwillingly, "dakon" being considered as a women's game) followed, as far as I can remember, the rules given by Mr. Hellier in No. 49 (December 1907) of this Journal.

When going home on leave shortly afterwards, we took the board with us and played the game on board the mailsteamer. In Colombo some Singhalese gentlemen joined the steamer and soon became interested in our game. They informed me that "Chongkak," which name is also used in Ceylon, is one of the oldest games of India, the two rows of holes, characteristic for the game, being found cut in the rocks of the oldest temples. One of the gentlemen, whose name to my regret I cannot remember, kindly taught me the game as it is played in Ceylon, and we had many interesting matches, the last one lasting about three days. As the Ceylonese game seems to be more complicated than the Malay one, and might even be attractive to European lovers of such pass-times, I shall try to give below the full rules and a few hints. The Malay expressions I borrow from Mr. Hellier.

On the board in my possession there are twenty holes arranged as follows:

The game is played by two players, A and B. Kampong and rumah A belong to A, kampong and rumah B to B. At the beginning of a match 9 seeds are placed in each of the 9 holes of each kampong; rumah A and B remaining empty.


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 The object of each player in the game is to obtain all the seeds of his opponent. A "set" consists of as many games as may be necessary for that purpose.

The first game of a set is started by both players together. Each one takes out the whole contents of any hole in his kampong and, beginning with the hole on the left of that just emptied, drops one seed into each hole, going from the right to the left around the board. When coming to his own rumah, he drops one seed into. it; but he drops none into his opponent's.

If the last seed falls into a hole wherein there are other seeds, the whole contents are taken out and distributed as above, beginning with the hole on the left of that just emptied. Whether the hole into which the last seed was dropped is in the player's own kampong or in that of his opponent, makes no difference in this case.

If the last seed falls into the rumah of the player, he may start again distributing, as above, the contents of any hole of his own kampong.

If the last seed falls into an empty hole in his own kampong, he takes out that seed and the whole contents of the opposite hole in his opponent's kampong, and puts both into his rumah. The player then ceases playing until it is his turn again.

If the last seed falls into an empty hole in the player's own kampong, and the opposite hole in his opponent's kampong is also empty, the seed remains there, but the player ceases playing until it is his turn again.

If the last seed falls into an empty hole in the kampong of the opponent, the seed remains there, and the player stops playing until it is his turn again.

Only the first game of a set is started by both players at the same time. If one of the players has to stop in accordance with §5, 6 or 7, the other continues playing until he meets with the same fate. Thereupon his opponent starts again, and so they play alternately. Each player can only start in his own kampong.

A game is finished, if in the kampong of one of the players all holes are empty, and the respective player has dropped his last seed either into his own rumah or into an empty hole in the kampong of


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280

A counsel or attorney is not a competent witness to testify as to facts communicated to either by his client, in the course of the relation subsisting between them, but may be examined as to the mere fact of the existence of that relation.

The action for mesne profits may be maintained against him who was the landlord in fact, who received the rents and profits, and resisted the recovery in the ejectment suit, although he was not a party to that suit, and did not take upon himself the defence thereof upon the record, but another did as landlord.

A recovery in ejectment is conclusive evidence in an action for mesne profits against the tenant in possession, but not in relation to third persons. But where the action is brought against the landlord in fact, the record, in the ejectment suit, is admissible to show the possession of the plaintiff connected with his title, although it is not conclusive upon the defendant in the same manner as if he had been a party on the record.

Amendments to the pleadings are matters in the discretion of the Court below. Error will not lie to this Court, on the allowance or refusal of such amendments.

Variances between the writ and declaration cannot be taken advantage of in the Court below, after plea pleaded.

Quære, Whether by the modern practice such variances can be taken advantage of at all?

ERROR to the Circuit Court of Maryland.

This was an action of trespass for mesne profits, brought by the plaintiffs in error, Chirac and others, against the defendant in error, Reinicker, in the Court below. The plaintiffs had recovered judgment, and possession of the premises, in an ejectment, in which one C. J. F. Chirac pray-


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Rh ed leave of the Court, as landlord of the premises, to be made defendant in the place of the casual ejector, and was admitted accordingly under the common consent rule. At the trial of the present suit, the record of the proceedings in the ejectment were offered by the plaintiffs as evidence to maintain this action; and they then offered to prove, by the testimony of R. G. Harper, and N. Dorsey, esquires, that the defendant had retained, and paid them, to conduct the defence of the ejectment for his benefit, and also propounded to these witnesses the following question: Were you retained, at any time, as attorney or counsel, to conduct the ejectment suit above mentioned, on the part of the defendant, for his benefit, as landlord of those premises! This question was objected to by the defendant’s counsel, as seeking an improper disclosure of professional confidence; and was rejected by the Court. Whereupon the plaintiffs excepted.

The plaintiffs then gave in evidence certain deeds and patents, by which, and the admissions of counsel on both sides, the title to the premises in question was vested in John B. Chirac, deceased; and also read in evidence certain depositions to prove who were the heirs of J. B. Chirac; and also offered the record in the ejectment to prove Maria Bonfils to be one of the heirs, and then offered to prove, by parol evidence, that the defendant was, in fact, landlord of the premises at the commencement, and during the progress of the ejectment, and had notice of the


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282 same, and retained counsel to defend the same, and received the rents and profits thereof during its progress; which last mentioned evidence the Court refused to admit; and the plaintiffs excepted to the refusal.

The plaintiffs then offered to prove the same facts, (not saying by parol evidence,) with the additional fact that counsel did defend the same action for the benefit of the defendant. This evidence was also rejected by the Court, and constituted the third exception of the plaintiffs.

The fourth exception taken by the plaintiffs, related to the proper parties to the action. The original plaintiffs in the suit were Anthony Taurin Chirac, Mathew Chapus, and Anna Maria his wife, Mathew Thevenon and Maria his wife, and Maria Bonfils, the same persons having been plaintiffs in the ejectment. Pending the suit, the plaintiffs obtained leave to amend their declaration, and amended it, by introducing the name of John B. E. Bitarde Desportes, as husband of the said Maria, called, at the commencement of this suit, Maria Bonfils. No objection was taken to this amendment, and the defendant pleaded the general issue to the declaration so amended. The evidence of title of John B. Chirac, deceased, having been introduced, and, also, evidence to prove that Anthony T. Chirac, and the female plaintiffs, were heirs at law of John B. Chirac, the defendant prayed the Court to instruct the jury, that they ought to find a verdict for the defendant, unless they were satisfied that all the plaintiffs were the proper heirs at law


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Rh of John B. Chirac; which direction the Court accordingly gave.

The fifth exception related to the supposed variance between the writ and declaration, by the amendment, introducing the husband of Maria Bonfils as a party upon the record. The Court held the variance fatal under the general issue.

Mr. D. Hoffman, and Mr. Mayer, for the plaintiffs in error, argued, 1. That the rule as to professional secresy forbids disclosures by the counsel of matters communicated by the client, after the engagement of counsel, and relating to the merits, or grounds of prosecution or defence of the suit. But that the mere fact of the engagement of counsel was out of the rule, because the privilege and duty of being silent, does not arise until that fact be ascertained. The concealment of the real client, who may be the party essentially interested, may be part of the client’s policy, and be within the client’s instructions to his counsel. But the client’s injunction of secresy, per se, would not make secresy lawful in this respect; and it is, therefore, a petitio principii to say, that the counsel shall not tell who really employed him, merely because it happened to be the direction of his client, and his client’s view, to conceal the fact. The law would authorize a fraud on its own rules, if it would determine otherwise; and the pretension of the defendant is counter to the whole policy of the rule, as to professional se-


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284 cresy. The very refusal to answer, implies the affirmation of the witnesses being employed by the defendant as counsel.

2. The defendant was liable, in this action, if he had notice of the ejectment, and was, as landlord, interested in the result of it. He might, even at common law, have been made defendant; but the statute of 11 Geo. II., in force in Maryland, explicitly allows it to him. He shall not screen himself from responsibility, because he had artifice enough to waive appearing, and to let an uninterested person figure as defendant in his stead. The lessor of the plaintiff may sue for mesne profits, and the actual tenant shall be liable, although the judgment in ejectment is obtained against the casual ejector only; and in reference as well to the defendant as to the plaintiff in such a suit, the Court disregards the fiction of the ejectment cause. He is answerable for the mesne profits who has received them, and has had an opportunity of defending his pretensions in the preliminary ejectment. The ejectment suit is founded on a fiction. Fictions are under the control of the Courts who use them. They will be moulded and applied to the views of justice, and according to reason—for they take their rise from the equity of the law: In fictione juris subsistit equitas. The au-


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Rh thorities sustain all these positions. Before the statute of 11 Geo. II., regulating the appearance of landlords as defendants in lieu of the casual ejector, a judgment in ejectment was habitually set aside, where, upon the complaint of the landlord, it appeared, that he had had no notice of the suit. Where a party sells a chattel with warranty of title, notice to the vendor, of a suit against the vendee for it, is sufficient to bind the vendor by the verdict or judgment in that suit. One obtaining possession of land, while an action of ejectment is pending, is answerable for the mesne profits during his occupation; whether proved to have had notice of the action or not; constructive notice then sometimes implicates a third party in this suit. All these rules are calculated to prevent an evasion of the statute, allowing landlords, not in actual possession, to be actors in the ejectment suit, and to keep the fictions of law to their original purposes of justice. Our claim is clear of the point of Lifford’s case, in 11 Co. 51.; though according to the decisions in Massachusetts, we might rest this suit even upon that point. Before the statute of Marlbridge, 52 Hen. III., damages was not recoverable in any


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286 real action, except against the disseisor himself, and then only in the assize of novel disseisin. Hence the practice for the disseisor (similar in principle to the attempt of this defendant) to enfeoff persons to act as defendants, who were not responsible. To prevent this abuse, the statute was passed, making all pernors of the profits responsible in real actions for damages. But the action of ejectment, being a personal action in its origin, there was no need of a statutable provision to authorize an award of damages in it. It has taken the place of the real actions of common law. Reinicker, claimant of the fee, must be regarded as in possession; and his tenant’s possession was his.

It is true, that Chirac appeared as landlord in the ejectment cause. But our purpose is, to show that Reinicker appeared by another; and though that other also assumed his (Reinicker’s) title, that circumstance serves only to aggravate the fraud attempted upon the law, and to show the more conclusively, that Reinicker waived his privilege of defending in his own name, and by candidly announcing his interest on the record. We are not estopped, then, by C. J. F. Chirac’s usurpation of the title of landlord, as well as the part of a defendant. If this action were even against him, we should be compelled to prove him landlord, notwithstanding his pretension to the character by appearing as landlord. His appearing might be relied on to prove his being landlord, but only


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 his opponent, or his last seed or seeds have been taken by his op- ponent in accordance with § 5. In either case his opponent must be in a position to play once more in a way which makes him stop playing also, but without being compelled to distribute again seeds into the empty holes of the other player's kampong. In the latter case the other player will be in a position to play again.

The player who has made the last move in a game, starts the next one. Only the first game of a set is started by both players together.

A game being finished, both players fill up again the holes of their kampongs with the contents of their rumahs. The player who has lost some seeds in the preceeding game, fills up only as many holes in his kampong as can be filled with 9 seeds. If, for instance, after a game is finished, A has 97 seeds and B only 65, A fills up all the holes of his kampong with 9 seeds each, and keeps the balance of 16 seeds in his rumah, whilst B, beginning with the hole next to his rumah and continuing to the right, fills up of holes of his kampong only and keeps 2 seeds in his rumah. The 2 empty holes in. B's kampong (B 1 and 2) remain empty and are not used at all during the game which follows. If, however, B recovers during this game a sufficient number of seeds, he can fill up for the next game more holes of his kampong again.

A set is finished if after the end of a game one of the players has less than 9 seeds, so that he is unable to fill up even one hole.

For every player, of course, it will be most interesting to find out by himself the various tricks for smart play, but a few hints may be allowed:

1. It is always advisable to avoid big accumulations of seeds in one's own kampong. If your turn comes, always begin with the biggest pile in your kampong, unless, towards the end of the game, calculation advises otherwise. It is profitable for your rumah; you fill up any empty holes wherein otherwise you may come to a stop; you spoil your opponent's chance of making a big haul, and by filling up your opponent's holes you get a chance yourself of a profitable taking.

2. Bear in mind § 4! It will bring many seeds into your rumah, and makes opportunities for attempts on your opponent's treasures.

3. Do your utmost to get the last move in the game. It gives you the start of the next game, which has many advantages.

4. At the beginning of each game, try to remember how many seeds there are in each hole. Calculation is easy by counting the


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Rh as a circumstance, and as evidence, and not as an estoppel. We admit, that a party, to be liable for mesne profits, must be a trespasser; and we meant to prove Reinicker, by privity, to be a trespasser. The case in 7 Term Rep. 108. shows, that if the husband there had had notice of the ejectment, he would have been answerable for the mesne profits.

3. The action for mesne profits being the mere sequel of the recovery in the ejectment cause, the record of that recovery is the proper evidence to show the lessors of the plaintiff entitled to the mesne profits so as they are claimed, within the terms of the demise in the ejectment. If profits antecedent to the term are asked, then the plaintiffs cannot rely on the ejectment recovery as conclusive evidence, but must prove their title to the land anew, and again open the merits of the ejectment cause. The claim for mesne profits here keeps within the limits of the ejectment demise, and we had no occasion, therefore, to prove our title otherwise than by the record of recovery in the ejectment. Although the husband, who did not appear as a lessor of the plaintiff, is joined in this action with his wife, who was a lessor, still the record of the ejectment is evidence for us, since the husband is no new party in interest. If necessary, this might be enforced by analogy from the writ of re-disseisin in the


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288 case of a similar change of parties. The addition of the husband, at the utmost, only imposed on us the duty of proving the marriage.

4. A variance between the writ and declaration could only have been taken advantage of upon oyer of the writ, and plea in abatement. Oyer will not now be granted, and such a plea cannot, therefore, obtain. Nor will the proceedings be set aside for irregularity, on account of such a variance. Even supposing, that for this defect the party might have refused to plead, or otherwise have made the objection available, it is too late now since he has pleaded the general issue. A variance of this kind could once have been taken advantage of in England upon writ of error; but that cannot now, since the statute of jeofails, be done there; nor in Maryland, since her act of 1809, ch. 153. Where the writ is, according to the ancient practice, fully recited in the declaration, advantage might be had of the variance on demurrer. But that is not the case here. The recital of the writ in the declaration is unnecessary; and, when made, as in this instance, is to be rejected as surplusage.


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Rh The body of the amended declaration here, speaks of “the plaintiffs,” not of the persons mentioned or named in the recital. Besides, even the recital does not say that Maria Desportes was sued by the name of Maria Bonfils, but only mentions the circumstance of her “being called” so at the bringing of the suit, as it would insert an alias for her name.

The variance occurs in an amended declaration, filed after leave had to amend. The statute of Maryland of 1809, ch. 153. authorises any amendment to be made “to bring the merits of a suit to issue.” This amendment was justified by that act of the legislature; and the Court might have made the writ to conform to the alteration, as in England an original writ is made to suit the declaration. The writ, in Maryland, is sometimes altered from debt to case to suit the narr. The husband, here, was joined to the wife only for conformity, and not by reason of a new interest, or as interested; since the suit, if no objection had been made before general issue, might have proceeded in the single name of the wife. One suing by guardian in the first instance, and afterwards becoming of age during the suit, may, and must, appear then by attorney. If the variance could have been, and had been, pleaded in abatement, the Court would, under the statute of Maryland, have allowed the declaration to be amended and cleared of the variance. This declaration may be assimilated to a declaration by the bye, by the husband and wife, though


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290 the writ is sued out in the single name of the husband. Though a misnomer may be pleaded in abatement, even in England, the narr. and writ may be rectified in that particular upon terms. A party naming himself generally in a writ, may, nevertheless, declare in a special character. The variance between the amended declaration and the first declaration, does not show that the former varies from the writ. The amended declaration is as good evidence of the contents of the writ as the original declaration is.

Mr. D. B. Ogden and Mr. Webster, for the defendant in error, (1.) stated, that it was necessary to advert to the specific question which was put as to the defendant’s retaining counsel, and to the circumstances under which it was asked. The question involved the disclosure of the party’s views, and of his instructions to his counsel, and of communications which were received by him in his capacity of counsel, and that would not have been made to him if he had not been so. It is not necessary that a suit should be pending to bind the counsel to secrecy for his client; any communication, after retainer of counsel, is within the rule against disclosure, if it relates to the suit, and is within the scope of the confidence given to the counsel.

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Rh been a trespasser. The ejectment suit complains of a trespass, and the person to be charged for the mesne profits must, therefore, have been actually a party to that suit by having appeared as defendant, or by having been required to appear by service of process in the suit, and then failing to appear. It is only by this judicial notice, and a waiver of the privilege of appearing, testified by the record of the suit in ejectment, that the defendant in the action for mesne profits can be treated as if he had been a defendant in the ejectment, and adjudged a trespasser, to bear the liability for mesne profits. By mere waiver in pais, or notice extraneous to the record, a party cannot be rendered liable for mesne profits, although, in fact, he may have been interested in the result of the ejectment suit. That interest, however, quoad the ejectment, and in reference to the suit fur mesne profits, does not prove him to be a trespasser, which he must be before he can be liable to the claim. The Court must look to the record of the ejectment for light as to the responsible parties on the score of mesne profits; they cannot derive it from other quarters, or collateral proof. Hence, too, the record of the ejectment is not evidence of the right of the lessors of the plaintiff to the mesne profits, as against one who was not actually a party in the ejectment suit, nor effectively so by being called on through notice in the process of ejectment to appear as defendant. Here, how-


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292 ever, another person than the defendant, Reinicker, was admitted in the ejectment suit to defend as the landlord of the property in question. He declared himself the landlord in claiming to defend as such; and the plaintiffs in ejectment, not denying his pretension in that respect, have acceded to his representation of himself, and must now be bound by it, and are estopped from saying that any other person was landlord. Reinicker, therefore, can in no wise be connected with the ejectment suit; and, at all events, the recovery there is not conclusive against him, that the lessors of the plaintiff are the proper claimants of the mesne profits. They must prove themselves the heirs entitled to the land, and to the mesne profits, as the result of that proof. The case from 3 ''Campb. Rep.'' 455. does not establish the plaintiffs’ positions on these heads. The decision there was on another point; and the reasoning of it shows, that the party liable for the mesne profits must be a trespasser. The action for mesne profits will lie only where trespass quare clausum fregit would lie. According to that principle, Reinicker could not, by mere force of notice in pais of the suit, be held liable for the mesne profits.

3. The case as to the amended declaration is clear of all the learning respecting the mode of taking advantage of a variance between the declaration and the writ. The variance there meant, is not such a departure from the writ as in this case, as it effects an entire change of suit. and substitutes, in reality, a new suit, for


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Rh that which the writ and first declaration defined. There is no declaration here in the suit which was originally brought; or, at least, that which was a declaration has not been acted on; but the issue is taken, and the jury sworn, between new parties, and out of the suit which the record professes to carry on. The Court may, therefore, take notice of the change of parties, and of claim, and of suit, in this case; since they cannot fail to see between what parties they are adjudicating; and it is not necessary that the inconsistency be brought to their knowledge by a plea in abatement exclusively. It does not appear that Maria Bonfils was unmarried at the time of bringing the suit.

Mr. Justice delivered the opinion of the Court.

This is an action of trespass for mesne profits, brought by the plaintiffs in error against the defendant in error, in the Circuit Court for the District of Maryland. The cause comes before this Court upon exceptions taken by the plaintiffs on the trial of the cause in the Court below.

The plaintiffs had recovered judgment, and possession of the premises, in an ejectment, in which J. C. F. Chirac prayed to be admitted as landlord to defend the premises, and was admitted accordingly under the common consent rule. The record of the proceedings in that action were offered by the plaintiffs as evidence in the present suit; and they then offered to prove, by the testimony of R. G. Harper, and W. Dorsey,


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 rounds made. Find out a system providing for each starting position, which is not difficult, as their number is limited. The first rounds in all cases in which the starting player has all the 9 holes of his kampong filled up, should be played as follows: e.g. A starts, B has only 7 holes filled up. A commences with the contents of hole A 1; the last seed falls into his rumah. He then begins with A 7, ends in B 9, and again in his rumah. Follows A 5, ends in B 8 and again in his rumah. Next is A 3, ends in B 7, and again in his rumah. Then the system ends, and the following move is left to A's calculation. The rule:—begin with 1, then with the hole situated opposite the opponent's last hole, and further with the second to the right of the hole emptied in the preceeding round,— can be applied to all games whenever the starting player has at his disposal all the 9 holes of his kampong. If he has less, the system changes, but it is similar and can easily be figured out.


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 Here is an old man panting for breath; and there a timid maiden, driven by a hard and sharp-faced matron; here is a studious youth, reading "How to get on in the World," and letting everybody pass him as he stumbles along with his eyes on his book; here is a bored-looking man, with a fashionably-dressed woman jogging his elbow; here a boy, gazing wistfully back at the sunny village that he never again will see; here, with a firm and easy step, strides a broad-shouldered man; and here, with stealthy tread, a thin-faced, stooping fellow dodges and shuffles upon his way; here, with gaze fixed always on the ground, an artful rogue carefully works his way from side to side of the road, and thinks he is going forward; and here a youth with a noble face stands, hesitating as he looks from the distant goal to the mud beneath his feet.

And now into sight comes a fair girl, with her dainty face growing more wrinkled at every step; and now a careworn man, and now a hopeful lad.

A motley throng—a motley throng! Prince and beggar, sinner and saint, butcher and baker and candlestick-maker, tinkers and tailors, and ploughboys and sailors—all jostling along together. Here the counsel in his wig and gown, and here the old Jew clothesman under his dingy tiara; here the soldier in his scarlet, and here the undertaker's mute in streaming hat-band and worn cotton gloves; here the musty


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 see me; if I did not go, it seemed as if they missed something, and in fact, nearly all of them had some commission to give me. From the moment they fell under the control of civil death, I was, in a measure, their testamentary executor. With a small portion resentments were not obliterated, but a thief's vengeance is not lasting. For eighteen years that I have carried on the war with thieves, little or great, I have often been menaced; many galley slaves, celebrated for their intrepidity, have made oaths to assassinate me as soon as they should be at liberty;—they have all perjured themselves, and will continue to do so. Am I asked why? It is, that, at first, the only affair for a robber is to rob: that alone occupies him. If he cannot do otherwise, he will kill me to get my purse, that is his "vocation;"—he will kill me to do away with a testimony which would destroy him, this is again a part of his business;—he will kill me to avoid punishment;—but when the punishment is inflicted, what purpose would it answer? Robbers do not lose time in assassination.

night, half of which had been spent in the obscure lurking places of the Halle, hoping to fall in


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 Also Dr. Richard Hale, who left us at his death in 1728 the sum of £450, which with £50 given in his lifetime, was to be expended in the purchase of books.

Also Dr. Richard Mead (1673–1754), to whom we are indebted for this bust of Harvey.

Nor in this enumeration of our older benefactors is it fitting to omit him whom we to-day especially commemorate. Harvey at his own request added and furnished a Library and Museum to the building that the generosity of Dr. Hamey had provided for the College, most of which unfortunately was destroyed in the Great Fire. In July 1656, at his last attendance at the College within a year of his death, he "put the crowning act to his munificence by giving to the College in perpetuity his patrimonial estate at Burmarsh in Kent, then valued at £56 per annum." In his will also he thus further testifies his affection for the College. "Touching my books and household stuffs, pictures and apparel, of which I have not already disposed, I give to the College of Physicians all my books and papers, and my best Persian long carpet, and my blue imbroyedyed cushion, one pair of brass irons, with fire shovell and tongues of brasse, for the ornament of the meeting room I have erected for that purpose." He further directed Drs. Scarborough and Ent to select from his Library and collections such as "they shall think fit to present to the College, and the rest to be sold, and with the money buy better."

Passing to the benefactors of more recent date it is my pleasing duty to mention:—

Mrs. Bradshaw, who in 1875 bequeathed £1,000 consols to found a Lecture to be delivered annually in memory of her husband, Dr. William Wood Bradshaw, a Member of this College. A similar bequest was made to the Royal College of Surgeons.

Dr Gavin Milroy, a Fellow of this College, who in

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64Rh own larger interests, it is an immense advance that we have ceased to support Japan and have ranged ourselves on the side of America, in so far as America stands for Chinese freedom, but not when Japanese freedom is threatened. Fourthly, in the long run, the Chinese cannot escape economic domination by foreign Powers unless China becomes military or the foreign Powers become Socialistic, because the capitalist system involves in its very essence a predatory relation of the strong towards the weak, internationally as well as nationally. A strong military China would be a disaster; therefore Socialism in Europe and America affords the only ultimate solution.

After these preliminary remarks, I come to the theme of this chapter, namely, the present internal condition of China.

As everyone knows, China, after having an Emperor for forty centuries, decided, eleven years ago, to become a modern democratic republic. Many causes led up to this result. Passing over the first 3,700 years of Chinese history, we arrive at the Manchu conquest in 1644, when a warlike invader from the north succeeded in establishing himself upon the Dragon Throne. He set to work to induce Chinese men to wear pigtails and Chinese women to have big feet. After a time a statesmanlike compromise was arranged: pigtails were adopted but big feet were rejected; the new absurdity was accepted and the old one retained. This characteristic compromise shows how much England and China have in common.

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65Rh kept the Manchus distinct from the more civilized people whom they had conquered, and the Chinese remained inwardly hostile to them. From 1840 to 1900, a series of disastrous foreign wars, culminating in the humiliation of the Boxer time, destroyed the prestige of the Imperial Family and showed all thoughtful people the need of learning from Europeans. The Taiping rebellion, which lasted for 15 years (1849–64), is thought by Putnam Weale to have diminished the population by 150 millions, and was almost as terrible a business as the Great War. For a long time it seemed doubtful whether the Manchus could suppress it, and when at last they succeeded (by the help of Gordon) their energy was exhausted. The defeat of China by Japan (1894–5) and the vengeance of the Powers after the Boxer rising (1900) finally opened the eyes of all thoughtful Chinese to the need for a better and more modern government than that of the Imperial Family. But things move slowly in China, and it was not till eleven years after the Boxer movement that the revolution broke out.

The revolution of 1911, in China, was a moderate one, similar in spirit to ours of 1688. Its chief promoter, Sun Yat Sen, now at the head of the Canton Government, was supported by the Republicans, and was elected provisional President. But the Nothern Army remained faithful to the dynasty, and could probably have defeated the revolutionaries. Its Commander-in-Chief, Yuan Shih-k'ai, however, hit upon a better


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66Rh scheme. He made peace with the revolutionaries and acknowledged the Republic, on condition that he should be the first President instead of Sun Yat Sen. Yuan Shih-k'ai was, of course, supported by the Legations, being what is called a "strong man," i.e. a believer in blood and iron, not likely to be led astray by talk about democracy or freedom. In China, the North has always been more military and less liberal than the South, and Yuan Shih-k'ai had created out of Northern troops whatever China possessed in the way of a modern army. As he was also ambitious and treacherous, he had every quality needed for inspiring confidence in the diplomatic corps. In view of the chaos which has existed since his death, it must be admitted, however, that there was something to be said in favour of his policy and methods.

A Constituent Assembly, after enacting a provisional constitution, gave place to a duly elected Parliament, which met in April 1913 to determine the permanent constitution. Yuan soon began to quarrel with the Parliament as to the powers of the President, which the Parliament wished to restrict. The majority in Parliament was opposed to Yuan, but he had the preponderance in military strength. Under these circumstances, as was to be expected, constitutionalism was soon overthrown. Yuan made himself financially independent of Parliament (which had been duly endowed with the power of the purse) by unconstitutionally concluding a loan with the foreign banks. This led to a revolt of the South, which, however, Yuan quickly suppressed. After this, by various stages, he made himself virtually absolute ruler of China. He appointed his army lieutenants


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67Rh military governors of provinces, and sent Northern troops into the South. His régime might have lasted but for the fact that, in 1915, he tried to become Emperor, and was met by a successful revolt. He died in 1916—of a broken heart, it was said.

Since then there has been nothing but confusion in China. The military governors appointed by Yuan refused to submit to the Central Government when his strong hand was removed, and their troops terrorized the populations upon whom they were quartered. Ever since there has been civil war, not, as a rule, for any definite principle, but simply to determine which of various rival generals should govern various groups of provinces. There still remains the issue of North versus South, but this has lost most of its constitutional significance.

The military governors of provinces or groups of provinces, who are called Tuchuns, govern despotically in defiance of Peking, and commit depredations on the inhabitants of the districts over which they rule. They intercept the revenue, except the portions collected and administered by foreigners, such as the salt tax. They are nominally appointed by Peking, but in practice depend only upon the favour of the soldiers in their provinces. The Central Government is nearly bankrupt, and is usually unable to pay the soldiers, who live by loot and by such portions of the Tuchun's illgotten wealth as he finds it prudent to surrender to them. When any faction seemed near to complete victory, the Japanese supported its opponents, in order that civil discord might be prolonged. While I was in Peking, the three most important Tuchuns met there for a conference on the division of the spoils. They were barely civil to the President and the


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68Rh Prime Minister, who still officially represent China in the eyes of foreign Powers. The unfortunate nominal Government was obliged to pay to these three worthies, out of a bankrupt treasury, a sum which the newspapers stated to be nine million dollars, to secure their departure from the capital. The largest share went to Chang-tso-lin, the Viceroy of Manchuria and commonly said to be a tool of Japan. His share was paid to cover the expenses of an expedition to Mongolia, which had revolted; but no one for a moment supposed that he would undertake such an expedition, and in fact he has remained at Mukden ever since.

In the extreme south, however, there has been established a Government of a different sort, for which it is possible to have some respect. Canton, which has always been the centre of Chinese radicalism, succeeded, in the autumn of 1920, in throwing off the tyranny of its Northern garrison and establishing a progressive efficient Government under the Presidency of Sun Yat Sen. This Government now embraces two provinces, Kwangtung (of which Canton is the capital) and Kwangsi. For a moment it seemed likely to conquer the whole of the South, but it has been checked by the victories of the Northern General Wu-Pei-Fu in the neighbouring province of Hunan. Its enemies allege that it cherishes designs of conquest, and wishes to unite all China under its sway. In all ascertainable respects


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69Rh it is a Government which deserves the support of all progressive people. Professor Dewey, in articles in the New Republic, has set forth its merits, as well as the bitter enmity which it has encountered from Hong-Kong and the British generally. This opposition is partly on general principles, because we dislike radical reform, partly because of the Cassel agreement. This agreement—of a common type in China—would have given us a virtual monopoly of the railways and mines in the province of Kwangtung. It had been concluded with the former Government, and only awaited ratification, but the change of Government has made ratification impossible. The new Government, very properly, is befriended by the Americans, and one of them, Mr. Shank, concluded an agreement with the new Government more or less similar to that which we had concluded with the old one. The American Government, however, did not support Mr. Shank, whereas the British Government did support the Cassel agreement. Meanwhile we have lost a very valuable though very iniquitous concession, merely because we, but not the Americans, prefer what is old and corrupt to what is vigorous and honest. I understand, moreover, that the Shank agreement lapsed because Mr. Shank could not raise the necessary capital.

The anarchy in China is, of course, very regrettable, and every friend of China must hope that it will be brought to an end. But it would be a mistake to exaggerate the evil, or to suppose that it is comparable in magnitude to the evils endured in Europe. China must not be compared to a single European country, but to Europe as a whole. In The Times of November 11, 1921, I notice a pessimistic article


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70Rh headed: "The Peril of China. A dozen rival Governments." But in Europe there are much more than a dozen Governments, and their enmities are much fiercer than those of China. The number of troops in Europe is enormously greater than in China, and they are infinitely better provided with weapons of destruction. The amount of fighting in Europe since the Armistice has been incomparably more than the amount in China during the same period. You may travel through China from end to end, and it is ten to one that you will see no signs of war. Chinese battles are seldom bloody, being fought by mercenary soldiers who take no interest in the cause for which they are supposed to be fighting. I am inclined to think that the inhabitants of China, at the present moment, are happier, on the average, than the inhabitants of Europe taken as a whole.

It is clear, I think, that political reform in China, when it becomes possible, will have to take the form of a federal constitution, allowing a very large measure of autonomy to the provinces. The division into provinces is very ancient, and provincial feeling is strong. After the revolution, a constitution more or less resembling our own was attempted, only with a President instead of a King. But the successful working of a non-federal constitution requires a homogeneous population without much local feeling, as may be seen from our own experience in Ireland. Most progressive Chinese, as far as I was able to judge, now favour a federal constitution, leaving to the Central Government not much except armaments, foreign affairs, and customs. But the difficulty of getting rid of the existing military anarchy is very great. The Central Govern-


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71Rh ment cannot disband the troops, because it cannot find the money to pay them. It would be necessary to borrow from abroad enough money to pay off the troops and establish them in new jobs. But it is doubtful whether any Power or Powers would make such a loan without exacting the sacrifice of the last remnants of Chinese independence. One must therefore hope that somehow the Chinese will find a way of escaping from their troubles without too much foreign assistance.

It is by no means impossible that one of the Tuchuns may become supreme, and may then make friends with the constitutionalists as the best way of consolidating his influence. China is a country where public opinion has great weight, and where the desire to be thought well of may quite possibly lead a successful militarist into patriotic courses. There are, at the moment, two Tuchuns who are more important than any of the others. These are Chang-tso-lin and Wu-Pei-Fu, both of whom have been already mentioned. Chang-tso-lin is supreme in Manchuria, and strong in Japanese support; he represents all that is most reactionary in China. Wu-Pei-Fu, on the other hand, is credited with liberal tendencies. He is an able general; not long ago, nominally at the bidding of Peking, he established his authority on the Yangtze and in Hunan, thereby dealing a blow to the hopes of Canton. It is not easy to see how he could come to terms with the Canton Government, especially since it has allied itself with Chang-tso-lin, but in the rest of China he might establish his authority and seek to make it permanent by being constitutional (see Appendix). If so, China might have a breathing-space, and a breathing-space is all that is needed.


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294 esquires, that the defendant had retained, and paid them, to conduct the defence of the ejectment for his benefit, and also propounded to these witnesses the following question: Were you retained, at any time, as attorney or counsellor, to conduct the ejectment suit above mentioned, on the part of the defendant, for the benefit of the said George Reinicker, as landlord of those premises. This question was objected to as seeking an improper disclosure of professional confidence. The Court sustained the objection; and this constitutes the first ground of exception.

The general rule is not disputed, that confidential communications between client and attorney, are not to be revealed at any time. The privilege, indeed, is not that of the attorney, but of the client; and it is indispensable for the purposes of private justice. Whatever facts, therefore, are communicated by a client to counsel, solely on account of that relation, such counsel are not at liberty, even if they wish, to disclose; and the law holds their testimony incompetent. The real dispute in this case is, whether the question did involve the disclosure of professional confidence. If the question had stopped at the inquiry whether the witnesses were employed by Reinicker, as counsel, to conduct the ejectment suit, it would deserve consideration, whether it could be universally affirmed, that it involved any breach of professional confidence. The fact is preliminary in its own nature, and establishes only the existence of the relation of


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Rh client and counsel, and, therefore, might not necessarily involve the disclosure of any communication arising from that relation after it was created. But the question goes farther. It asks, not only whether the witnesses were employed, but whether they were employed by Reinicker to conduct the ejectment for him, as landlord of the premises. We are all of opinion, that the question, in this form, does involve a disclosure of confidential communications. It seeks a disclosure of the title and claim set up by Reinicker to his counsel, for the purpose of conducting the defence of the suit. It cannot be pretended that counsel could be asked what were the communications made by Reinicker as to the nature, extent, or grounds of his title; and yet, in effect, the question, in the form in which it is put, necessarily involves such a disclosure. The Circuit Court was, therefore, right in their decision on this point.

The plaintiffs then gave in evidence certain deeds and patents, by which, and the admissions of counsel on both sides, the title to the premises in question was vested in John B. Chirac, deceased; and also gave in evidence, certain depositions to prove who were the heirs of J. B. Chirac, and also offered the record in the ejectment to prove Maria Bonfils to be one of the heirs; and then offered to prove, by parol evidence, that the defendant was, in fact, landlord of the premises at the commencement and during the progress of the ejectment, and had notice of the same, and employed counsel to de-


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296 fend the same; and received the rents and profits thereof, during the progress of the ejectment; which evidence the Court refused to admit: and this constitutes the second exception of the plaintiffs. The plaintiffs then offered to prove the same facts, (not saying by parol evidence,) with the additional fact, that counsel did defend the same action for the benefit of the defendant. This evidence was also rejected by the Court, and constitutes the third exception of the plaintiffs.

The question of law, involved in each of these exceptions, is substantially the same. It is, whether a person, who was not a party to the ejectment, and did not take upon himself, upon the record, the defence thereof, but another did as landlord, may yet be liable in an action for the mesne profits, upon its being proved that he was, in fact, the landlord, received the rents and profits, and resisted the recovery.

It is undoubtedly true, that in general, a recovery in ejectment, like other judgments, binds only parties and privies. It is conclusive evidence in an action for mesne profits against the tenant in possession, when he has been duly served with a notice in ejectment, whether he appears, and takes upon himself the defence, or suffers judgment to go by default against the casual ejector. The reason is, that in the first case, he is the real party on the record; in the last, he is considered as substantially the defendant, and the judgment by default, as a confession of the title set up in the ejectment. Such was the de-


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Rh cision of the Court in Aislin v. Parkin, in 1 Burr. 1826. 667. But in relation to third persons, the judgment in ejectment is not conclusive; and if they are sued in an action for mesne profits, which is substantially an action against them as trespassers, they may controvert the plaintiff’s title at large. In such a suit, the record of the ejectment is not evidence to establish the plaintiff’s title; but it seems admissible for another purpose, that is to say, to show the possession of the plaintiff. The plaintiff may certainly prove his possession connected with his title, by any sufficient evidence in pais; and if his possession has been under a judgment of law, he is entitled to establish it by introducing the record of the recovery, and an executed writ of possession under it.

The question then is, generally, whether it is competent for the plaintiff to maintain an action for mesne profits against any person who is in possession of the land by means of his tenants, and who, by his acts, commands, or co-operation, aids in the expulsion of the plaintiff, and in withholding possession from him. All persons who aid in, or command, or procure a trespass, are themselves deemed in law to be trespassers, whether they are actually present, or do the act through the instrumentality of their agents and servants. A recovery of the possession, in an ejectment against one of such agents, does not constitute a bar to an action for mesne profits against another agent, for the same reason, that