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400[September 7, 1872.] country town, these motley and varied fellow-creatures of mine share the Willowfleet and its banks between them.

“ course,” remarked Maximilian, “you are familiar with the plot of Weber’s opera, Der Freischütz?”

“Certainly,” replied Laurence. “Kind, the author of the libretto, founded it upon a story written by Apel, as one of a collection of tales, which was very popular about half a century ago, and was called, I think, the Wunderbuch, or Book of Wonders. He so far departed from Apel that he made the piece end happily, instead of terminating it with the death of the bride.”

“My reason for referring to the subject,” proceeded Maximilian, “is this, that although the figure of a Freischütz, that is to say, a hunter who derives his skill from the black art, is common enough in the annals of German superstition, the precise condition of the charmed bullets in the opera seem to have been devised by modern imagination only, and to have no foundation in popular belief.”

“Let me see,” said Edgar, counting his fingers; “the bullets were to be cast at midnight, and in addition to lead—let me be accurate—some broken glass from a church window, some quicksilver, three bullets that had already hit the mark, the left eye of a lynx, and the right eye of an owl, were to enter into the composition.”

“All mere fancy!” ejaculated Maximilian.

“Nay,” objected Laurence, “if we criticise such minute details, we shall never accept any record of a tradition whatever. No one supposes, I imagine, that the long list of ingredients mentioned by the witches in Macbeth, was derived by Shakespeare from a recipe bequeathed by some actual sorceress. Nevertheless, we may opine that the deeds and words of the weird sisters represent a state of popular belief, according to which ill-favoured hags prepared charms in a cauldron, compounding them of ingredients of an evil nature.”

“And that such a belief existed even in the times of antiquity, not, however, implying that a witch was necessarily old or ill-favoured, is known to every schoolboy,” exclaimed Edgar. “What are you driving at, Maximilian?”

“I perceive that I spoke a little too soon,” said Maximilian. “So pass over the foul ingredients which compose what Shakespeare calls the ‘gruel,’ and come to the particular property of the bullets cast in the opera. They must be seven in number, and the first six that are fired off will obey the will of the marksman, whereas the seventh is subjected to the direction of the fiend Zamiel, who in Apel’s tale uses it to kill the huntsman’s bride.”

“True,” said Laurence, “and this exceptional distinction of the seventh bullet gives an exceptional character to the story. In most traditions respecting compacts with powers of darkness, we find the human bargainer selling his hope of salvation to the Fiend, but here the right to direct the seventh bullet seems to be a sufficient price for the Evil One’s assistance.”

“The peculiarity is indeed interesting,” observed Edgar.

“The peculiarity would be extremely interesting,” said Maximilian, “if we could trace it to popular tradition; but unfortunately we cannot do anything of the kind. Doctor Grässe, a most laborious collector of legends, especially of those connected with the chase, declares in his Hunter’s Breviary (Jäger-Brevier) that in all his researches he has never found a legend of a Freischütz in which such a distinction is assigned to a particular bullet. He therefore supposes that it had its origin in the imagination of Apel.”

“And a very clever fellow Apel must have been,” exclaimed Laurence.

“The genuine legends of the Freischütz—that is to say, the Free-shooter, who is sometimes called the Freijäger or Free-hunter—are far less complicated. Thus we read of a hunter who lived near Ravenberg, in Baden, towards the end of the last century, and was never known to miss a mark. This power he had acquired, it was thought, by kneeling on a cloth and firing three free-shots—one at the sun, another at the moon, and the third at heaven itself. Three drops of blood had fallen from the sky in consequence, and after death the spirit of the hunter haunted the forest until it was exorcised into a sack. Similar in principle is the legend of the so-called Eternal Hunter of Treudenstadt, in the Wirtemberg territory, who on either Christmas or Good Friday fired at the sun, and collected in a handkerchief the blood which fell. With this he anointed his bullets, and thus rendered them sure of hitting any mark he chose. When his stock was exhausted he shot again at the sun, and obtained a new supply. He also used to wander after his death.”


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 the search for the right word? The British ministers might quite unintentionally employ some unfamiliar English idiom, he might not understand what they meant, be led into giving the wrong reply and get confused; and thus his cause would suffer. Why should he commit such a serious blunder?

Boer women are as brave and simple as the men. If the Boers shed their blood in the Boer war, they were able to offer this sacrifice owing to the courage of their womenfolk and the inspiration they received from them. The women were not afraid of widowhood and refused to waste a thought upon the future.

I have stated above that the Boers are religiously-minded Christians. But it cannot be said that they believe in the New Testament. As a matter of fact Europe does not believe in it; in Europe, however, they do claim to respect it, although only a few know and observe Christ’s religion of peace. But as to the Boers it may be said that they know the New Testament only by name. They read the Old Testament with devotion and know by heart the descriptions of battles it contains. They fully accept Moses’ doctrine of an ‘eye for an eye and a tooth for a tooth.’ And they act accordingly.

Boer women understood that their religion required them to suffer in order to preserve their independence and therefore patiently and cheerfully endured all hardships. Lord Kitchener left no stone unturned in order to break their spirit. He confined them in separate concentration camps, where they underwent indescribable sufferings. They starved, they suffered biting cold and scorching heat. Sometimes a soldier intoxicated with liquor or maddened by passion might even assault these unprotected women. Still the brave Boer women did not flinch. And at last King Edward wrote to Lord Kitchener, saying that he could not tolerate it, and that if it was the only means of reducing the Boers to submission, he would prefer any sort of peace to continuing the war in that fashion, and asking the General to bring the war to a speedy end.

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Charles Dickens.] “The second of these legends,” remarked Edgar, “is more complete than the first, in which the blood is turned to no account.”

“I may add,” said Maximilian, “that balls anointed in the manner just described are, in popular language, termed ‘Blutkugeln,’ or ‘Blood-bullets.’ It is believed that if one of these is, without aim, fired into a forest where there is only a single deer, the animal will be hit, though perhaps its body may never be found. If there be no deer whatever in the forest, the bullet will strike the hunter.”

“Is not this something like an adumbration of our poor seventh bullet, that we have treated so disdainfully?” suggested Laurence. “In both cases the ball operates to the detriment of him who uses it.”

“True; but the similarity goes a very little way,” returned Maximilian. “In my Wirtemberg legend there is no notice that any one bullet is distinct from the others.”

“And, after all, if we look closely at the opera,” pursued Laurence, “I don’t think we shall find that distinction there that we have hastily assumed. If I understand Kind’s libretto right, the fatal bullet is the seventh which is fired, not the seventh which has been cast. Before they are used the bullets are all alike, and it is only the order of their use that gives one of them a distinctive character. So, in the case of your Wirtemberg forest, the charmed bullet that hit the hunter is not intrinsically more mischievous than any of the others. Now, it seems to me that, between a bullet which does mischief because it is fired in accordance with a certain prescribed order, and a bullet which works evil, but even without certain prescribed conditions being observed, the analogy is not so very remote.”

“Hear, hear!” cried Edgar.

“I must confess,” observed Maximilian, smiling, “that Laurence has fought well for his client. Now, here is a legend, which I do not precisely understand. At Lerbuch, in the Harz Mountains, there was a noted marksman, who, when a shooting-match was held, always aimed last, and carried off the prize. On one occasion he suspected that some trick would be played upon him, and warned the company that in that case mischief would probably ensue. When he had pointed his gun three targets were before his eyes instead of one; so, not knowing at which he should aim, he fired at random, whereupon the man who had caused the illusion, and who was standing behind him, fell down, shot through the heart.”

“Here, indeed, we go out of the beaten track,” said Edgar. “Was one conjuror opposed to another, and did the owner of a magic bullet get the better of the contriver of a magic target?”

“Perhaps so,” replied Maximilian, “or perhaps we are to believe that honest merit prevailed against the black art. Here, however, is a trial of skill of the kind to which you refer. A nobleman in the neighbourhood of Münster owned extensive forests, and one day the forester who superintended them was found dead, evidently killed by a bullet that had entered the middle of his forehead. Another, who was engaged to fill his place, came to the same untimely end, so did a third, so did a fourth, until no one cared to accept so dangerous a situation, and the forest was left unguarded. At last a fierce-looking fellow presented himself as a candidate for the vacancy, and was gladly accepted by the nobleman, who was, however, honest enough to warn him of the danger to which he would be exposed. The stranger laughed at the very notion of fear, vowing that he knew forest tricks as well as any one in the world, and that those who tried to play them upon him would certainly meet their match. On the following day he entered the forest accompanied by several hunters; but no sooner had he set his foot within its precincts than the report of a gun was heard in the distance. The forester, on the alert, flung his hat into the air, and when this fell down it had been pierced by a bullet, just where it would have touched the middle of the wearer’s forehead. Swearing that he would return the compliment, the forester now fired apparently at random, and then plunged into the wood followed by his companions, who were anxious to see the result of such an extraordinary proceeding. When they had gone completely through the forest, they came to a mill, and there they found the miller dead, shot through the middle of the forehead. He had been himself a ‘free-shooter,’ and had used his art in order to poach at pleasure without interference, but the new forester had been too much for him. Indeed, of all the ‘free-shooters’ on record, this seems to have been the most skilful. It is said that he could charm birds into his bag, and by a strange fascination cause deer to stand still where they could most conveniently be shot.”

“I should have thought that to him all places were alike,” remarked Edgar. “He must have been a valuable servant.”


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TITLE PREFIXED TO S. MATTHEW’S GOSPEL. xxxiii is also an allusion to Daniel ix. 24, where it is said that seventy weeks of years must be fulfilled until Christ, that the Holy of Holies may be anointed, because it is shown in this Gospel that the prophecy of Daniel was fulfilled in Christ which was for to come. For Christ is the Holy of Holies, and therefore as of old to the patriarch Jacob, so now to all Christians, His servants, He will give knowledge of holy things;” for His object is our sanctification, “That being delivered from the hand of our enemies, we may serve him without fear: in holiness and justice before him, all our days.” (Luke i. 75.)

Gospel, in Greek Evangel, good news, from, I bring good news. So S. Chrysostom. See Budæus, in Pandectas, where he adds that Evangel, by metonyme, signifies a donation, or an offering given for good news. Thus Cicero writes to Atticus, “O, thy sweet letters, for which I confess I owe evangelia!” that is, a reward for good tidings. In Hebrew, Gospel is called besorah, from basar, “flesh,” because besorah is the most joyful tidings of the “being made flesh.”

According to Matthew. The words, according to, denote that primarily and chiefly its author is the Holy Spirit, and in the second place S. Matthew. For Matthew was as it were the organ, instrument, and pen of the Holy Spirit, writing the things which the Holy Ghost dictated to him, according to those words in the forty-fourth Psalm, “My tongue is the pen of a ready writer.”

2. According to denotes that the Gospel is one and the same, but was written in a fourfold manner by four Evangelists. Therefore the words indicate that the Gospel of S. Matthew is not another Gospel than that of SS. Mark, Luke, and John, but only that there was a different writer, and a different manner of writing the Gospel.

3. It signifies that the Holy Ghost accommodated Himself to the nature and disposition of S. Matthew. The Holy Ghost

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 When this cry of anguish reached England, the English people were deeply pained. They were full of admiration for the bravery of the Boers. The fact that such a small nationality should sustain a conflict with their world-wide empire was rankling in their minds. But when the cry of agony raised by the women in the concentration camps reached England not through themselves, not through their men,—they were fighting valiantly on the battlefield,—but through a few high-souled Englishmen and women who were then in South Africa, the English people began to relent. The late Sir Henry Campbell-Bannerman read the mind of the English nation and raised his voice against the war. The late Mr Stead publicly prayed and invited others to pray, that God might decree the English a defeat in the war. This was a wonderful sight. Real suffering bravely borne melts even a heart of stone. Such is the potency of suffering or tapas. And there lies the key to Satyagraha.

The result was that the peace of Vereeniging was concluded, and eventually all the four Colonies of South Africa were united under one Government. Although every Indian who reads newspapers knows about this peace, there are a few facts connected with it, which perhaps are not within the knowledge of many. The Union did not immediately follow the peace, but each Colony had its own legislature. The ministry was not fully responsible to the legislature. The Transvaal and the Free State were governed on Crown Colony lines. Generals Botha and Smuts were not the men to be satisfied with such restricted freedom. They kept aloof from the Legislative Council. They non-co-operated. They fiatly refused to have anything to do with the Government. Lord Milner made a pungent speech, in the course of which he said that General Botha need not have attached so much importance to himself. The country’s Government could well be carried on without him. Lord Milner thus decided to stage Hamlet without the Prince of Denmark.

I have written in unstinted praise of the bravery, the

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402[September 7, 1872.] “Nay, talent does not always meet its deserts,” said Maximilian. “His noble master thought him rather too clever, and contrived on some pretext to get rid of him with all possible speed. By the way, the power of fascinating beasts is ascribed to a certain John, who was in the service of one of the landgraves of Hesse, and who, like Sir Huon of Bordeaux, owned a magic horn. The landgrave was much less scrupulous than the nobleman of Münster; for whenever he went shooting, he took John as his companion, and desired him to sound his horn, which he always did to good purpose.”

“All the stories you have told,” remarked Edgar, “treat of a power of taking a sure aim, acquired by supernatural agency. Is there not another parallel series of tales turning on invulnerability acquired by similar means?”

“Of course you mean something more modern than the myths of Achilles and Siegfried, or the fabulous records of the Paladins,” said Laurence.

“Yes, something that represents what we consider a popular superstition,” returned Edgar.

“You may have remarked that in the Münster legend the wild forester who kills the miller is able to save himself by throwing up his hat,” suggested Maximilian. “It seems as if certainty of hitting and security against being hit were naturally associated with each other.”

“I can tell you a story which dates from the seventeenth century, and by which that view is confirmed,” said Laurence. “Erdmann Fischer, a sexton of Magdeburg, became acquainted, it appears, with a drummer in the imperial army, whose skin was proof against lead and steel, and expressed a wish to be in the same desirable condition. Hereupon the drummer gave him a paper inscribed with all sorts of strange characters, which he was to take with him to the foot of the gallows at midnight. This he did, and the Evil One appearing to him in the dress of a fine gentleman, asked if he was willing to enter his service, and vanished on receiving an answer in the affirmative. On the following midnight the sexton repaired to the same spot, and was greeted by the same awful personage, who asked him if he continued in the same mind.”

“He gave the poor wretch a chance of retracting,” observed Edgar, “clearly illustrating the proverb which tells us that he is not as black as he is painted.”

“The sexton having again answered in the affirmative,” continued Laurence, “a compact was easily made, to the effect that he should enter into the service of the Fiend, who in return should make him invulnerable, and allow him three free shots.”

“That is to say, the certainty of hitting a mark on three occasions,” interposed Maximilian. “Observe how the two privileges go together. And the association is here the more remarkable, inasmuch as the story has nothing to do with hunting.”

“As the sexton was no great scholar,” proceeded Laurence, “the Fiend was satisfied when he pricked his wrist with a pin, and wrote the initial letters of his name with three crosses on a scrap of paper, and on the following Good Friday brought him a box of green salve, by anointing himself with which he would become altogether invulnerable. At first he turned his gift to good account, and effectively aided his fellow-citizens in an expedition against some marauders attached to the imperial cause, who had devastated the fields in the neighbourhood of the great Protestant city.”

“I see the story occurs in the time of the Thirty Years’ War,” observed Maximilian.

Laurence nodded assent and continued. “During the skirmish that ensued, the sexton was struck in the middle of the chest by a bullet, which left a black mark, but could not penetrate the skin. The mark was noticed by his wife, who threatened to reveal her discovery to her father confessor, but the menaces on the other side were so strong, that she deemed it advisable to remain silent.”

“I think we ought to observe,” interposed Maximilian, “that we have before us two distinct kinds of invulnerability. The sexton, anointed with green salve, is precisely in the condition of Achilles and Siegfried. He can be hit but not hurt. On the other hand, the Münster forester was not hit at all, having the power to divert a bullet from its intended course.”

“The sexton soon went to the bad,” proceeded Laurence; “he became a hard drinker, scoffed at his wife when she taught the children to pray, and even assisted in the robbery of a poor-box. All this was done for the benefit of his terrible master, and sometimes, in cool moments, he would reflect whether there might not be some method to escape from a bondage which was becoming more and more oppressive. He had a notion that by communicating


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 love of liberty and the self-sacrifice of the Boers. But I did not intend to convey the impression that there were no differences of opinion among them during their days of trial, or that there were no weak-kneed persons among them. Lord Milner succeeded in setting up a party among the Boers who were easy to satisfy, and persuaded himself to believe that he could make a success of the legislature with their assistance. Even a stage play cannot be managed without the hero: and an administrator in this matter-of-fact world who ignores the central figure in the situation he has to deal with and still expects to succeed can only be described as insane. Such indeed was the case of Lord Milner. It was said that though he indulged in bluff, he found it so difficult to govern the Transvaal and the Free State without the assistance of General Botha, that he was often seen in his garden in an anxious and excited state of mind. General Botha distinctly stated that by the treaty of Vereeniging, as he understood it, the Boers were immediately entitled to complete internal autonomy. He added that, had that not been the case, he would never have signed the treaty. Lord Kitchener declared in reply that he had given no such pledge to General Botha. The Boers, he said, would be gradually granted full self-government as they proved their loyalty! Now who was to judge between these two? How could one expect General Botha to agree if arbitration was suggested? The decision arrived at in the matter by the Imperial Government of the time was very creditable to them. They conceded that the stronger party should accept the interpretation of the agreement put upon it by the other and weaker party. According to the principles of justice and truth, that is the correct canon of interpretation. I may have meant to say anything, but I must concede that my speech or writing was intended to convey the meaning ascribed to it by my hearer or reader in so far as he is concerned. We often break this golden rule in our lives. Hence arise many of our disputes, and half-truth, which is worse than untruth, is made to do duty for truth.

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Charles Dickens.] his secret to others he might induce the Fiend to accept them as a substitute for himself.”

“And he was by no means singular in his notions,” remarked Edgar. “The position of the two free-shooters in the opera is based on precisely the same belief.”

“We have a still stranger instance, in the popular story of the Bottle Imp,” said Maximilian, “where the mere sale of the bottle transfers all accompanying perils and advantages to the purchaser.”

“All the sexton’s endeavours to free himself proved vain,” continued Laurence. “In the spring of 1636 his master gave him some grey powder, which he was to sprinkle about the streets of Magdeburg, and thus cause a pestilence. Conscience not being quite dead, the wretched man threw the greater part of the powder into the Elbe, but the plague broke out nevertheless, and extended to the neighbouring provinces. Twenty years afterwards he was ordered by a rough voice, with which he was only too familiar, to dig up the body of an infant which had been buried in St. Peter’s churchyard on that very day, and to make from its limbs a powder, which would cause a return of the pestilence. With this order he complied, the Fiend being constantly near him, in the shape of a black rat, to give him more particular instructions. However, here his evil career came to an end, for his crime was discovered, and—we know the very day—on the 26th of October, 1657, he was broken on the wheel.”

“Good,” exclaimed Edgar; “and thus we have one of the many cases of trial for witchcraft which were the disgrace of Europe.”

“ rather die!” said Letty, passionately.

“Just so, my dear; all young girls would rather die than give up an unsubstantial fancy for a profitable reality. In general, however, they do give it up, and they do not die,” answered her mother, quietly.

“Mamma, how cruel you are!” cried the girl, with a kind of angry despair in her voice.

“Because I am rational? How cruel you are, you ought rather to say, Letty, to give me so much trouble when I am acting only for your own good; and when you know that you will have to yield at last.”

“I will not yield—I will die first,” repeated Letty.

“You are very fond of that assertion, my dear; but it does not move me. I know so well that you will marry as I wish you to do, and live into quite a respectable old age. You are healthy, though you do not come of a long-lived family on one side.” She sighed—it was a conventional sigh—and then she faintly murmured, “Poor papa!”

“Oh, mamma! you are too dreadful with your cold sarcasms,” cried Letty, flinging up her hands.

“And you are too silly with your mock heroics, my dear. If you had not me to guide you into common sense, what a mess you would make of your life!”

“What a wreck you wish to make it!” cried Letty.

“Silly little girl,” said Mrs. Dormer, with compassionate contempt. “You are like a naughty child who will thrust its hand into the fire, and thinks its nurse abominably cruel because she tries to prevent it. The day will come, my dear, when you will thank me, instead of scolding me as you are doing now, that I put an end to this absurd affair with Mr. Ratcliffe, and gave you such an admirable settlement in Mr. Mounsey.”

“Admirable settlement! A man old enough to be my father—a man I hate, and that no girl could like—only with money.”

“And, having money, with all that a portionless girl can desire and more than she has a right to expect,” said Mrs. Dormer, taking up a few dropped stitches leisurely.

“Oh, I know you don’t think it necessary for a wife to love her husband,” said Letty, sarcastically.

“To begin with?—by no means, my dear,” answered her mother, with perfect good breeding and good temper. “Love comes by habit, by the fact of a pleasant home where there is no stint, and where everything goes on comfortably. One man is very much the same as another man, when you know them; and, with a moderate amount of amiability, a well-principled girl is sure to be happy if she is properly provided for.”

“Your opinions are absolutely monstrous, and I will have nothing to do with them,” said Letty, angrily.

“Only to fulfil them, little goose, when you have worked off the froth.” Mrs. Dormer returned the answer with a slight laugh; and the servant at that moment flung open the door with an air, and ushered in—“Mr. Mounsey.”


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 Thus when truth—in the present case General Botha—fully triumphed, he set to work. All the colonies were eventually united, and South Africa obtained full self-government. Its flag is the Union Jack, it is shown in red on maps, and yet it is no exaggeration to say that South Africa is completely independent. The British Empire cannot receive a single farthing from South Africa without the consent of its Government. Not only that, but British ministers have conceded that if South Africa wishes to remove the Union Jack and to be independent even in name, there is nothing to prevent it from doing so. And if the Boers have so far not taken this step, there are strong reasons for it. For one thing, the Boer leaders are shrewd and sagacious men. They see nothing improper in maintaining with the British Empire a partnership in which they have nothing to lose. But there is another practical reason. In Natal the English preponderate, in Cape Colony there is a large population of Englishmen though they do not outnumber the Boers; in Johannesburg the English element is predominant. This being the case, if the Boers seek to establish an independent republic in South Africa, the result would be internecine strife and possibly a civil war. South Africa, therefore, continues to rank as a dominion of the British Empire.

The way in which the Constitution of the Union was framed is worthy of note. A National Convention, composed of delegates representative of all parties appointed by the Colonial legislatures, unanimously prepared a draft Constitution and the British Parliament had to approve it in its entirety. A member of the House of Commons drew the attention of the House to a grammatical mistake and suggested that it should be rectified. The late Sir Henry Campbell-Bannerman, while rejecting the suggestion, observed that faultless grammar was not essential to carrying on a government, that the Constitution was framed as a result of negotiations between the British Cabinet and the ministers of South Africa and that they did not reserve even the right of correcting a grammatical error

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Rh plaintiff, having derived title from all, is the owner of a lawful renewal copyright.

Order reversed, with costs, and cause remitted, with direction to grant injunction as prayed for.

Appeal from the District Court of the United States for the Southern District of New York.

Petition of Mildred Bryant, on behalf of Harry Harris, against D. F. Houston, Secretary of the Treasury, and others, for writ of habeas corpus. Writ denied, and petitioner appeals. Affirmed.

Emery C. Weller, for appellant.

Francis G. Caffey, U. S. Atty. (Earl B. Barnes, Asst. U. S. Atty., of counsel), for appellees.

Before WARD and ROGERS, Circuit Judges, and MAYER, District Judge.

MAYER, District Judge. [1] 1. This is an appeal from an order of the District Court for the Southern District of New York, dismissing a writ of habeas corpus. The writ was allowed on the application of “your petitioner, Mildred Bryant (a friend of Harry Harris), of Woodhaven, Long Island.” The petitioner fails to disclose anywhere in her petition who she is, or what relationship, if any, she bears to Harry Harris, or whether Harry Harris for any reason was unable to sign and verify the petition, or whether the father of Harris, who according to the petition resides at No. 2128 North Twenty-First street, in Philadelphia, Pa., or Harry Harris himself, desired this application to be made. The petitioner, it is true, alleges that she is advised that


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 to the British Parliament. Consequently, the Constitution recast in the form of an Imperial bill passed through both Houses of Parliament, just as it was, without the slightest alteration.

There is one more circumstance worthy of notice in this connection. There are some provisions in the Act of Union which may appear meaningless to the lay reader. They have led to a great increase in expenditure. This had not escaped the notice of the framers of the Constitution; but their object was not to attain perfection, but by compromise to arrive at an understanding and to make the Constitution a success. That is why the Union has four capitals, no colony being prepared to part with its own capital. Similarly, although the old colonial legislatures were abolished, provincial councils with subordinate and delegated functions were set up. And though Governorships were abolished, officers corresponding to the rank of Governor and styled Provincial Administrators were appointed. Every one knows that four local legislatures, four capitals and four Governors are unnecessary and serve for mere show. But the shrewd statesmen of South Africa did not object. The arrangement is showy and entails additional expenditure, but union was desirable and therefore the statesmen did what they thought fit, regardless of outside criticism and got their policy approved by the British Parliament.

I have endeavoured to sketch very briefly the history of South Africa, as without it, it appeared to me difficult to explain the inner meaning of the great Satyagraha struggle. It now remains to be seen how the Indians came to this country and struggled against their adversities before the inauguration of Satyagraha.

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 away, in the dismay of realizing that she had come to an inhabited place It was all so beautifulshe had wanted to stay and exploreand her hopes were crushed!

She stood stock-still for a long time, looking at the cottage. Nothing stirred within, Everything was quietoh! so quiet. Stealthily as a mouse Eepersip crept toward it, opened the door, and went in. A house, a detested house!one of those houses that she had run away from. Everything came back to herthose foolish coverings on the floors which they called carpets, at the windows those useless decorations called curtains. To think of it! when there was a carpet so much lovelier of green grass or of white sandand no windows to be curtained!

It was a delightful little room, all the same; with a brownish woolly carpet, a small fireplace, and little blue curtains of a delicate material. It was quite deserted, so she decided not to let it bother her.

A small back door opened into the lovely woods at the back of the house. Quickly Eepersip made her way out into the open; and everything looked twice as lovely as before. How light it was, with all the world a window, instead of those silly little peep-holes fringed about! How much more

title: Page:The House Without Windows.djvu/80


text:
Page:Satyagraha in South Africa.pdf/41

We saw in the preceding chapter how the English arrived. They settled in Natal, where they obtained some concessions from the Zulus. They observed that excellent sugarcane, tea and coffee could be grown in Natal. Thousands of labourers would be needed in order to grow such crops on a large scale, which was clearly beyond the capacity of a handful of colonists. They offered inducements and then threats to the Negroes in order to make them work but in vain, as slavery had been then abolished. The Negro is not used to hard work. He can easily maintain himself by working for six months in the year. Why then should he bind himself to an employer for a long term? The English settlers could make no progress at all with their plantations in the absence of a stable labour force. They therefore opened negotiations with the Government of India and requested their help for the supply of labour. That Government complied with their request, and the first batch of indentured labourers from India reached Natal on November 16, 1860, truly a fateful date for this history; had it not been for this, there would have been no Indians and therefore no Satyagraha in South Africa, and this book would have remained unwritten.

In my opinion, the Government of India were not well advised in taking the action they did. The British officials in India consciously or unconsciously were partial to their brethren in Natal. It is true that as many terms as possible, purporting to safeguard the labourers’ interests, were entered in the indentures. Fairly good arrangements were made for their board. But adequate consideration was not given to the question as to how these illiterate labourers who had gone to a distant land

title: Page:Satyagraha in South Africa.pdf/41


text:
Page:Satyagraha in South Africa.pdf/42

 were to seek redress if they had any grievances. No thought was given to their religious needs or to the preservation of their morality. The British officials in India did not consider that although slavery had been abolished by law, employers could not be free from a desire to make slaves of their employees. They did not realize, as they ought to have realized, that the labourers who had gone to Natal would in fact become temporary slaves. The late Sir W. W. Hunter, who had deeply studied these labour conditions, used a remarkable phrase about them. Writing about the Indian labourers in Natal, he said that theirs was a state of semi-slavery. On another occasion, in the course of a letter, he described their condition as bordering on slavery. And tendering evidence before a commission in Natal, the most prominent European in that Colony, the late Mr Harry Escombe, admitted as much. Testimony to the same effect can be readily gathered from the statements of leading Europeans in Natal. Most of these were incorporated in the memorials on the subject submitted to the Government of India. But the fates would have their course. And the steamer which carried those labourers to Natal carried with them the seed of the great Satyagraha movement.

I have not the space here in the present volume to narrate how the labourers were deluded by Indian recruiting agents connected with Natal; how under the influence of such delusion they left the mother country; how their eyes were opened on reaching Natal; how still they continued to stay there; how others followed them; how they broke through all the restraints which religion or morality imposes, or to be more accurate, how these restraints gave way, and how the very distinction between a married woman and a concubine ceased to exist among these unfortunate people.

When the news that indentured labourers had gone to Natal reached Mauritius, Indian traders having connection with such labourers were induced to follow them there. Thousands of Indians, labourers as well as traders, have settled in Mauritius which is on the way to Natal

title: Page:Satyagraha in South Africa.pdf/42


text:
Page:Satyagraha in South Africa.pdf/43

 from India. An Indian trader in Mauritius, the late Sheth Abubakar Amad, thought of opening a shop in Natal. The English in Natal had then no idea of what Indian traders were capable of, nor did they care. They had been able to raise very profitable crops of sugarcane, tea and coffee, with the assistance of indentured labour. They manufactured sugar, and in a surprisingly short time supplied South Africa with a modest quantity of sugar, tea and coffee. They made so much money that they built palatial mansions for themselves and turned a wilderness into a veritable garden. In such circumstances they naturally did not mind an honest and plucky trader like Abubakar Sheth settling in their midst. Add to this that an Englishman actually joined him as partner. Abubakar Sheth carried on trade and purchased land, and the story of his prosperity reached Porbandar, his native place, and the country around. Other Memans consequently reached Natal. Borahs from Surat followed them. These traders needed accountants, and Hindu accountants from Gujarat and Saurashtra accompanied them.

Two classes of Indians thus settled in Natal, first free traders and their free servants, and secondly indentured labourers. In course of time the indentured labourers had children. Although not bound to labour, these children were affected by several stringent provisions of the colonial law. How can the children of slaves escape the brand of slavery? The labourers went to Natal under indenture for a period of five years. They were under no obligation to labour after the expiry of that period, and were entitled to work as free labourers or trade in Natal, and settle there if they wished. Some elected to do so while others returned home. Those who remained in Natal came to be known as ‘Free Indians.’ It is necessary to understand the peculiar position of this class. They were not admitted to all the rights enjoyed by the entirely free Indians of whom I have first spoken. For instance, they were required to obtain a pass if they wanted to go from one place to another, and if they married and desired the marriage to be recognized as valid in law, they were

title: Page:Satyagraha in South Africa.pdf/43


text:
Page:The Music of the Spheres.djvu/219

 Chaucer calls it "Watling street":

This great street was "brent with hete," he goes on to say, when the "Sunne's sonne" lost control of the sun-chariot, "that he could no governaunce." In Germany this same street was called "Irmin's Way," for the Saxon God Irmin was believed to ride along here in a ponderous brazen chariot now seen in the constellation of the Great Bear.

In 1609 Galileo, the distinguished Italian astronomer, turned his newly invented telescope toward this mysterious illuminated arch, and saw, to his delight, that it was a "track of countless stars." This fact, which he proclaimed to the world, has even more lure for the imaginative mind than a "road whose dust is gold." A modern poet describes it as

Thus the cold glass eye of the telescope does not, like the eye of the Medusa, turn a singing heart into stone. Some of the early writers, such as Ovid, evidently suspected that the Milky Way consisted of millions of distant stars, but the suggestion did not take well with the mass of people who preferred the belief that it was a radiant stairway used by the angels.

The "silvery glow," which is such an attractive feature of the star stream, is caused by the accumulated light of a dazzling torrent of stars. These stars, or suns, are so unthinkably distant that their individuality is lost like particles of mist, thus causing

title: Page:The Music of the Spheres.djvu/219


text: Poems (McDonald)/The Child at Prayer

title: Poems (McDonald)/The Child at Prayer


text:
Page:Satyagraha in South Africa.pdf/44

 required to register it with an official known as Protector of Indian Immigrants. They were also subject to other severe restrictions.

The Indian traders saw that they could trade not only with indentured labourers and ‘Free Indians,’ but with the Negroes as well. Indian merchants were a source of great convenience to the Negroes, who very much feared the European traders. The European trader wanted to trade with the Negro, but it would be too much for Negro customers to expect courtesy at his hands. They might think it a great good fortune if he gave them full consideration for their money. Some of them had bitter experiences. A man might purchase an article worth four shillings, place a sovereign on the counter, and receive four shillings as balance instead of sixteen, and sometimes even nothing whatever. If the poor Negro asked for the balance or showed how the amount paid him was less than his due, the reply would be gross abuse. He might thank his stars if things stopped there; otherwise the abuse would be reinforced by a blow or a kick. I do not mean to suggest that all English traders behaved like this. But it can safely be asserted that the number of such cases was fairly large. On the other hand, Indian traders had a good word for the Negroes and even joked with them. The simple Negro would like to enter the shop and handle and examine the goods he wanted to purchase. Indian traders permitted all this. It is true that in this they were not actuated by altruistic motives, it may have had something to do with their self-interest. The Indian might not miss the opportunity, if it offered, of cheating his Negro customer, but his courtesy made him popular with the Negroes. Moreover, the Negro never feared the Indian traders. On the other hand, cases have occurred in which an Indian tried to cheat Negroes, but on being detected, was roughly handled by them. And more often Negro customers have been heard to abuse Indian traders. Thus, so far as Indians and Negroes were concerned, it is the former who feared the latter. The result was that trade with Negroes proved very profitable to Indian

title: Page:Satyagraha in South Africa.pdf/44


text:
Page:The Music of the Spheres.djvu/220

 the bright faces of Sirius, Capella and other great stars to seem suddenly close.

This path of stars, called the Milky Way, stretches entirely around the sky, or seems to do so, because our solar system rests almost within its center—"almost" meaning within about 60,000 light years, which is comparatively close to the center of a Galaxy some 300,000 light years in diameter. If we could step off the earth and look at these stars they would appear as a gigantic wreath; as it is, we see one half of the wreath from the northern hemisphere and the other half by traveling to the southern hemisphere. At least this much of the ancient conception of the universe was correct—that our earth was situated near its center—but the idea that the sun, moon and stars whirled around it for its particular benefit, is looked upon as a vast conceit.

We now know for a certainty that our glorious Galaxy of stars is itself but an item in space, for since the recent investigations with the 60- and the 100-inch telescopes at Mount Wilson observatory with which the outer portions of the spiral nebulæ were resolved into swarms of stars, we know that there are hundreds of thousands of Galaxies separated from ours by a million light years, and from one another equally far. Probably the smaller nebulæ are even more remote. And we used to imagine that our own Galaxy floated through an infinite void of boundless space as lorn and lonely as Wordsworth's "cloud"! Then science goes still further and wonders if all these Galaxies form a part of a starry region which extends indefinitely in all directions or whether the star producing region is limited and surrounded by empty space!

title: Page:The Music of the Spheres.djvu/220


text:
Page:The House Without Windows.djvu/81

 everything was! Oh, nothing in a house could compare with the world of light that Eepersip lived in!

Out here, the sunbeams made shadows wherever they struck; the birds twittered; the ripples lapped the shore caressingly. Otherwise all was still. But she was not thinking of the sea: she had decided to explore the woodland, for she felt, in a way, that it was her home. Following a little winding path, she came through a grove of white pines carpeted with needles and dotted with gnome-like toadstools of red and yellow, looking very bright and mysterious in that shady place. They were, to Eepersip, like the traces of some elfin revel, perhaps thrones of precious mineral. There were great boulders, too, covered with grey-green lichens some bearing aloft tiny cup-like blossoms of pearly greythe cups from which the feasters had drunk their flower-wine. Seeing a lighter place ahead, she knew that she was coming out of the pine grove. A flood of pale green radiance greeted her, as she stepped out of the dimness of the woods into a meadow. White and yellow butterflies were fluttering over it in great flocks, with wings shining. Eepersip could hear birds chirping and singing. She passed on through the meadow and came again into woodlands, so thick now that hardly a

title: Page:The House Without Windows.djvu/81


text:
Page:United States ex rel. Bryant v. Houston.pdf/2

916 Harris is “troubled with aphasia”; but this allegation is set forth as an excuse for his desertion, and not as explaining why Harris did not sign and verify the petition or complaint (as it should more aptly be called), in accordance with U. S. Compiled Statutes, § 1282 (R. S. § 754), which reads as follows:

The provisions of the section quoted, supra, indicate that it was not intended that a writ of habeas corpus should be allowed on the application of any person whomsoever without explanation as to why the complaint was not signed “by the person for whose relief” the writ “is intended.”

The practice of a next friend applying for a writ is ancient and fully accepted: There are many instances and circumstances under which it may not be possible nor feasible that the detained person shall sign and verify the complaint. Inability to understand the English language or the situation, particularly in the case of aliens, impossibility of access to the person, or mental incapacity are all illustrations of a proper use of the “next friend” application. In re Ferrens, Fed. Cas. No. 4,746, Judge Blatchford, entertained an application made by the wife of an enlisted soldier and briefly summed up the practice as follows:

But the complaint must set forth some reason or explanation satisfactory to the court showing why the detained person does not sign and verify the complaint and who “the next friend” is. It was not intended that the writ of habeas corpus should be availed of, as matter of course, by intruders or uninvited meddlers, styling themselves next friends. Gusman v. Marrero, 180 U. S. 81, 21 Sup. Ct. 293, 45 L. Ed. 436.

The case at bar well illustrates the desirability of making clear that applications of this character should not be entertained. There is


text:
Colombo v. New York (405 U.S. 9)/Opinion of the Court

[p9] PER CURIAM.

Despite a grant of immunity in response to the assertion of his Fifth Amendment privilege not to be a witness against himself, petitioner refused to answer questions put to him before a Kings County, New York, grand jury. On December 7, 1965, a trial judge found that [p10] the questions put had been proper and directed petitioner to answer them. Petitioner refused; the trial court, after allowing petitioner a week's time to change his mind, signed a commitment order stating that my "his contumacious and unlawful refusal after being sworn in as a witness to answer any legal and proper interrogatories and for his willful disobedience to the lawful mandate of this Court" petitioner had "committed a criminal contempt of court in the immediate view and presence of the Court and that said contempt was willful and unlawful and in violation of Section 750 of the Judiciary Law of the State of New York..." Petitioner was sentenced to 30 days and fined $250.

Appellate proceedings proved fruitless. Petitioner then offered to testify, the offer was refused, and petitioner paid his fine and served his sentence. On October 10, 1966, petitioner was indicted under § 600, subd. 6, of the New York Penal Law of 1909 "for his contumacious and unlawful refusal, after being duly sworn as a witness, to answer legal and proper interrogatories." The trial court dismissed the indictment on double jeopardy grounds but the appellate court reversed. The reversal was sustained by the Court of Appeals, which concluded that the Fourteenth Amendment and the double jeopardy provision of the Fifth Amendment did not bar the indictment. The court reasoned that petitioner had committed two acts of contempt—one on October 14, 1965, before the grand jury, and the other on December 7 when he refused to obey the order of the judge—and that the trial judge had committed petitioner for civil, not criminal, contempt.

The judgment of the Court of Appeals must be vacated. The judgment of the New York trial court entered on December 15, 1965, was for "criminal contempt," petitioner was sentenced to a definite term in jail and ordered to pay a fine, and neither the prosecutor nor the trial court [p11] considered his offer to testify as sufficient to foreclose execution of the sentence. For purposes of the Double Jeopardy Clause, petitioner was confined and penalized for criminal contempt. Yates v. United States, 355 U.S. 66 (1957); see also Cheff v. Schnackenberg, 384 U.S. 373 (1966); Shillitani v. United States, 384 U.S. 364 (1966); Oriel v. Russell, 278 U.S. 358 (1929). To the extent that the judgment of the Court of Appeals rested on a contrary view, it must be set aside. It also appears from its supplemental response that the State considers the two acts of contempt on October 14 and on December 7 as being partially intertwined. As we understand it from the State's response, petitioner's refusal to answer on October 14 did not mature into a complete contempt until December 7 when the trial court passed on the propriety of the grand jury's inquiry and petitioner thereafter refused to obey the court's direction to return to the grand jury and answer the questions properly put to him.

In view of the New York Court of Appeals' misconception of the nature of the contempt judgment entered against petitioner for purposes of the Double Jeopardy Clause and in view of the substantial question of New York law that has emerged, we are disinclined at this juncture to entertain and determine the double jeopardy question presented by petitioner. The better course is to grant the petition for writ of certiorari, vacate the judgment of the New York Court of Appeals, and remand the case to that court for further proceedings not inconsistent with this opinion, thus affording that court the opportunity to reconsider the validity of the indictment under the Double Jeopardy Clause of the Constitution.

So ordered.


text:
Talk:A Classic Case of Deception

That link says "The Wayback Machine has not archived that URL." ! -- Beardo (talk) 04:51, 5 February 2024 (UTC)

title: Talk:A Classic Case of Deception


text:
Page:Critical Pronouncing Dictionary (Walker, 4th edition, London, 1806).pdf/102

, d-vn′tshre. s. (461) 1em

, d-vn′tshre. v. n. 1em

, d-vn′tshr-r. s. 1em

, d-vn′tshr-s. a. 1em

, d-vn′tshr-s-l. ad. 1em

, d-vn′tshr-sm. a. 1em

, d-vn′tshr-sm-nss. s. (461) 1em

, d′vrb. s. 1em

, d-vr′b-l. a. 1em

, d-vr′b-l-l. ad. 1em

, d′vr-s-bl. a. (405) 1em

, d′vr-s-r. s. (512) 1em

, d-vr′s-tv. a. 1em

, d′vrse. a. 1em

, d-vr′s-t. s. (511) 1em

, d′vrse-l. a. 1em

, d-vrt′. v. n. 1em

, d-vr′tnse. s. 1em

, d-vr′tn-s. s. 1em

, d-vr-tze′. v. a. 1em

, d-vr′tz-mnt, or d-vr-tze′mnt. s. 1em

, d-vr-t′zr. s. (98) 1em

, d-vr-t′zng. a. 1em

, d-vs′p-rte. v. n. 1em

, d-vce′. s. (499) 1em

, d-vce′bte. s. 1em

, d-v′z-bl. a. (405) 1em

, d-v′z-bl-nss. s. 1em

, d-vze′. v. a. (437) 1em

, d-vze′. v. n. (499) 1em

, d-v′zd, part. a. (362) 1em

, d-v′zd-l. ad. (364) 1em

, d-v′zd-nss. s. (365) 1em

, d-vze′mnt. s. 1em

, d-v′zr. s. (98) 1em

, d-j-l′shn. s. (294) 1em

, d-j-l′tr. s. (521) 1em

, d′j-l-tr-r. a. 1em

, -dlt′. a. 1em

, -dlt′. s. 1em

, -dlt′nss. s. 1em

, -dl′tr. v. a. (98) (556) 1em

, -dl′tr-nt. s. 1em

, -dl′tr-te. v. a. 1em

, -dl′tr-te. a. (91) 1em

, -dl′tr-te-nss. (91) (98) (559) 1em

, -dl-tr-′shn. s. 1em

, -dl′tr-r. s. (98) 1em

, -dl′tr-ss. s. 1em

, -dl′tr-ne. s. (149) 1em

, -dl′tr-s. a. (314) 1em

, -dl′tr-. s. (556) 1em

, d-m′brnt. a. 1em

, d-m′brte. v. a. 1em

, d-m-br′shn. s. 1em

, d--n′shn. s. 1em

, -dn′s-t. s. (511) 1em

, -dnk′. a. (415) 1em

, d′v-k-s. s. (546) 1em

, d′v-kte. s. 1em

, d-v-k′shn. s. 1em

, d-v-l′shn. s. 1em

, d-v-l′shn. s. 1em

, d-v′tr. s. (313) 1em

, d-v-′. s. 1em

, d-v′zn. s. (170) 1em

, -dr′. v. n. 1em

, -dst′. a. 1em

, -dst′d. a. 1em

, -ds′t-bl. a. (179) 1em

, -ds′tshn. s. (464) 1em

See

, -jp-t′-cm. s. (460) 1em

, -l′-ple. s. 1em

, -′r-l. a. 1em

, ′r. s. 1em


text:
Page:United States ex rel. Bryant v. Houston.pdf/3

Rh to show that either Harris or his father authorized or desired this application to be made, or that it is a matter of the slightest concern to either of them whether Harris shall be tried by a Navy court-martial or by a Coast Guard court-martial.

There is nothing in the record to show that the point here considered was called to the attention of the District Court, but the District Court would have been justified in disallowing or dismissing the writ for failure on the part of the petitioner to show why she, and not Harris, signed and verified the complaint, and for failure to show what relationship, if any, existed between Harris and herself, or what was her concern, if any, in the detention of Harris.

We are not to be understood as holding that an outsider may not make the application for a writ of habeas corpus, but the application must set forth facts, which will satisfy the court that the interest of the next friend is appropriate, and that there is good reason why the detained person does not himself sign and verify the complaint, as provided in section 1282, supra.

[2] 2. At the time when the writ was allowed, Harris, it is alleged, was under arrest confined in the brig at the Barge Office of the New York Division of the United States Coast Guard, awaiting trial by a General Coast Guard Court upon charges of desertion, and of violating lawful regulations issued by the Secretary of the Treasury.

In time of peace, the United States Coast Guard is under the jurisdiction of the Treasury Department; but, in time of war, it is subject to the orders of the Secretary of the Navy. The act of January 28, 1915 (38 Stat. L. 800, 2 Fed. Stat. Ann. [2d Ed.] p. 262, Comp. St. §§ 8459½a[1]), provides in part:

At the date of the entry of the United States into the war with the German Empire, the Coast Guard automatically passed under the control of the Navy Department and so remained until August 28, 1919, when the President signed an order turning it back to the Treasury Department, under whose direction since said date it has been operated and is now operated.

The order directing the trial of Harris on the charges preferred against him was signed by the Assistant Secretary of the Treasury on February 21, 1921, and it is to be presumed that the General Coast Guard Court was duly convened by the same authority pursuant to the provisions of the statute. Act May 26, 1906, 34 Stat. L. 200 (2 Fed. Stat. Ann. [2d Ed.] 304).

The President’s order of August 28, 1919, was as follows:

“By virtue of the authority conferred by ‘An act authorizing the President to coordinate or consolidate executive bureaus, agencies, and offices, and for other purposes, in the interest of economy and the more efficient concentration of the government,’ approved May 20, 1918, I do hereby make and publish the following order:


text:
Page:United States ex rel. Bryant v. Houston.pdf/4

918 “The important purposes for which the operation of the Coast Guard was temporarily transferred to the Navy under the Act approved January 28, 1915, entitled ‘An act to create the Coast Guard by combining therein the existing Life Saving Service and Revenue Cutter Service,’ having been accomplished, and, it being for the best interest of the government and for the efficient service of the Coast Guard in connection with the collection of the revenue that the Coast Guard be under the supervision of the Treasury Department, it is hereby directed that the Coast Guard shall on and after this date operate under the Treasury Department.”

The act of May 20, 1918, known as the Overman Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, 283a, 283b, 283f), so far as here applicable reads as follows:

A mere reading of the act shows that the President was clothed with the widest measure of discretion, so far as concerned “matters relating to the conduct of the present war.” “Upon the termination” of this act means, of course, upon the termination of “the present war.” When the “present” war shall have been terminated, then (but not until then) “all executive * * * agencies * * * shall exercise the same functions * * * as heretofore or hereafter may be provided, any authorization of the President under this act to the contrary notwithstanding.”


text:
Page:United States ex rel. Bryant v. Houston.pdf/5

Rh The President, by his order of August 28, 1919, exercised his discretion in respect of subject-matter over which, by the act of May 20, 1918, he had full power and authority, and the discretion, so exercised, is not reviewable.

The order dismissing the writ is affirmed.

In Error to the District Court of the United States for the Eastern District of South Carolina, at Columbia; Henry A. Middleton Smith, Judge.

Criminal prosecution by the United States against Louis D. Barbot. Judgment of conviction, and defendant brings error. Affirmed.

John P. Grace, of Charleston, S. C., for plaintiff in error.

J. Waties Waring, Asst. U. S. Atty., of Charleston, S. C. (Francis H. Weston, U. S. Atty., of Columbia, S. C., on the brief), for the United States.

Before KNAPP and WOODS, Circuit Judges, and WADDILL, District Judge.

WADDILL, District Judge. Louis D. Barbot, the plaintiff in error, hereinafter called the defendant, is and was a physician, and prior to the commission of the offense of which he stands indicted had long practiced his profession in the city of Charleston. He was for some years professor of anatomy at the South Carolina Medical College, of high standing in the community, a member of the leading medical societies, accomplished in his profession, and enjoyed a large practice. On the 2d of December, 1919, he was indicted by the grand jury of the United States District Court at Columbia, charged with the violation of the Harrison Anti-Narcotic Drug Act of the 17th of December, 1914 (38 Stat. 786; Comp. St. §§ 6287g–6287q). The indictment contained 16 counts. The first 2 related to failure to keep proper records as a licensed physician under that act, and the remaining 14 covered sales of morphine and cocaine to divers persons named in the several counts, not in the course of his professional practice. Upon his trial, the jury


text:
Page:The Music of the Spheres.djvu/221

 Our thoughts, now half stunned, fly back across unthinkable starless intervals, back like a magnet to the phosphorescent gleam which is ours in the boundless ocean in which a universe is but a gleam. Nearer—nearer—nearer—the gleam has softened to a touch of mist, the mist has expanded to a definite shape studded with stars which are brightening, and widening apart. Now the shape has become an ethereal form, and before us rises a marvelous creation. As seen from this outer point, our Galaxy is neither a ring nor a wreath but is formed of huge spirals which reach far outward into the heavens. This cathedral of light, whose "lace-work" is of suns, covers an area so magnificent that a beam of light traveling 6,000,000,000,000 miles a year would require some 300,000 years to cross it! Around a modest, medium-sized star in the central cluster of this overwhelming and heroic structure, whirls a tiny planet named Earth, and on this Earth, the infinitesimal human being named Man, whose questioning mind thus flies from star to star.

title: Page:The Music of the Spheres.djvu/221


text: United States ex rel. Bryant v. Houston

title: United States ex rel. Bryant v. Houston


text: Index:Principles of Computational Biology Lecture 11, Phylogenetic trees.pdf


text: Page:Principles of Computational Biology Lecture 11, Phylogenetic trees.pdf/1


text:
Page:The Music of the Spheres.djvu/222

At the foot of the Northern Cross, the Milky Way divides into two large channels which are quite irregular along the edges. These two channels do not unite again for a distance of 150 degrees, which leads us around to the southern hemisphere. As seen from the southern hemisphere, one of these divisions is particularly bright, while the other is not only fainter but looks as if its streams of stars had encountered obstacles along their pathway and had been forced to run up little rills along its sides.

On the Milky Way in the southern hemisphere, is the famous Southern Cross. This Cross contains four bright stars set close together, one of the first magnitude, two of the second magnitude, and one of the third magnitude. Although its figure is not quite so large nor as perfect as that of the Northern Cross, its stars are brighter and it holds a prominent position near the southern pole. In the first maps of the southern hemisphere, South America is designated as "Terra sancti crucis," the land of the holy cross. When Vega is our Pole Star, the Northern Cross will hold a prominent position near the northern pole.

Near the Southern Cross, as is the case near the Northern Cross, lies a remarkable dark blot which stands out sharply against the silvery path of the Milky Way. This dark body is 130 times larger than the area of the full moon and is much more impressive than the one seen in the north. It is said that superstitious sailors used to shudder and cross themselves because it lay so close to the Cross, but in those days, dark nebulæ were thought to be holes in the heavens and the combination was suggestive of what happened to sailors who were good, or who failed to be good.

title: Page:The Music of the Spheres.djvu/222


text: Page:Principles of Computational Biology Lecture 11, Phylogenetic trees.pdf/2


text:
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 Not far from the Southern Cross is a telescopic treasure which has long been enjoyed by astronomers. This treasure is a cluster of colored stars so delicately beautiful that the loveliest of rubies, emeralds and sapphires seem to have been filled with fire and turned to stars. There are over a hundred of these sparkling jewels in a space of only one forty-eighth of a square degree. What a delight it would be to suddenly uncover such a wonderful casket in our treasure hunt among the stars! But imagine the pleasure in watching the sky from the surface of a planet swinging in a field of such stars. Quite a thrill was experienced at the thought of a daytime tinted by a colored sun, or even two colored suns, but now imagine a night-time adorned with large and glowing pink, green, orange, red and yellow stars!

Just below the Southern Cross lie two stars which outrival the twin stars of Castor and Pollux. These two stars are often called the "southern pointers" because they point out the Southern Cross. They belong to the constellation of the Centaur, Alpha Centauri being noted as lying closer to the earth than any other star. The light we call Alpha Centauri comes from two suns instead of one. These suns are separated from each other by a distance of 2,000 million miles and gravitate one round the other in a time equalling 81 of our years.

Above the Cross shines Canopus on the stern of Argo, the ship

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 of the Argonauts. Canopus ranks next to Sirius in brightness. The bright stars of Orion and the Scorpion are each in their season seen high in the sky. Thus the appearance of the heavens would seem quite strange to one who had come from the north.

The Magellanic Clouds, which are almost as famous as the Southern Cross, lie to one side of the Milky Way, as seen by persons south of the equator, but they have no apparent connection with our Galaxy of stars. The "clouds" resemble the Milky Way and are easily discernible with the unaided eye, the larger one being 200 times the apparent size of the moon—about as large as the bowl of the Big Dipper—and the smaller one-fourth as large.

Photographs reveal the large Magellanic Cloud as being composed of nebulæ, individual stars and star clusters, the stars ranging from the fifth to the fifteenth magnitude. Flammarion counted 291 distinct nebulæ, 46 clusters and 582 stars. Herschel counted several hundred nebulæ and clusters "which far exceeds anything that is to be met with in any other region of the heavens." , director of the Harvard Observatory, found the linear diameter of the cloud to be 15,000 light years, and that it lay at such an immense distance that it required 110,000 years for its light to reach us. This cloud is like a small universe in itself, although many of its stars are anything but small for Dr. Shapley found that hundreds of them exceed the brightness of the sun by 10,000 times.

The large Magellanic Cloud lies between the southern pole and Canopus; the smaller one between Beta Centauri and the pole. These starry clouds, which look so much like real clouds, were named after the celebrated navigator, Magellan.

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are suns which lie at such vast distances that they seem no more than twinkling points of light. Through the aid of the spectroscope we have learned a great deal about these stars but so distant do they lie that no telescope on earth can bring them close enough for us to see the outline of a face.

There is one star, however, that lies so near that when it is in the sky its light blots out that of all the other stars. This sun, which classic poets call our "day star," lies only 93,000,000 miles away; the next nearest star is over 200,000 times as far. This distance of 93,000,000 miles is close enough to enable us to examine the face of such a star as ours with comparative ease, indeed, it is close enough to enable us to feel the warmth of the fierce fires which rage upon its surface.

It is not at all a difficult matter to realize the distance from our earth to the sun. A train traveling 60 miles an hour would reach the sun in 176 years; an airplane flying at the rate of 200 miles an hour would reach it in 50 years. Thus the distance seems to shrink as we adjust our rate of speed. A ray of light crosses the same space in about 8 minutes.

The existence of all life upon the earth is absolutely dependent upon the sun.

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text: The Music of the Spheres/Chapter 10

title: The Music of the Spheres/Chapter 10


text: Author:Henry Huth

title: Author:Henry Huth


text:
Colombo v. New York (405 U.S. 9)/Dissent Douglas

[p11] MR. JUSTICE DOUGLAS, dissenting.

On October 14, 1965, petitioner refused to testify when called before a Kings County, New York, grand jury. When, on December 15, after a grant of immunity [p12] and a judicial inquiry into the validity of the grand jury investigation under state law, the petitioner persisted in his refusal to testify, the presiding judge cited him for contempt and imposed a sentence of 30 days and a fine of $250. Despite petitioner's later willingness to testify, the sentence was executed.

The grand jury then returned an indictment against petitioner charging him with criminal contempt for his refusal to testify. Petitioner successfully moved to quash the indictment, but on appeal it was reinstated and upheld against petitioner's contention that it put him twice in jeopardy for the same offense in violation of the Fifth Amendment. People v. Colombo, 25 N.Y. 2d 641, 254 N.E. 2d 340. We granted the petition for certiorari, vacated the judgment of the New York Court of Appeals, and remanded for consideration in light of Waller v. Florida, 397 U.S. 387. 400 U.S. 16. On remand, however, the Court of Appeals adhered to its earlier decision, reasoning that the first citation was for civil contempt while the indictment charged a criminal offense and that "two distinct acts [were] being punished—refusal to testify before the Grand Jury and a separate refusal to obey the lawful mandate of a Supreme Court Justice." 29 N.Y. 2d 1, 3, 271 N.E. 2d 695, 695.

The Court of Appeals' characterization of the December 15 citation as "civil" rather than criminal is not dispositive of the question before us. To be sure, federal courts normally are bound by state court interpretations of state law, but involved here is a question of federal right under the Double Jeopardy Clause. In such cases, federal rather than state law governs. Suffice it to say that a 30-day sentence and a $250 fine imposed for refusal [p13] to testify before a grand jury constitutes criminal punishment within the meaning of the double jeopardy provision of the Bill of Rights, at least where the witness' willingness to purge himself of contempt by testifying does not result in the vacation of the sentence. Shillitami v. United States, 384 U.S. 364, relied upon by respondent, is not to the contrary. There, we held "that the conditional nature of [the] sentences [allowing the contemnors to purge themselves by agreeing to testify] render[ed] each of the actions a civil contempt proceeding..." Id., at 365. In the present case, by contrast, the jail sentence and fine was imposed despite petitioner's willingness to testify.

Nor does the characterization of the two contempts as involving different acts avoid the prohibition against twice being put in jeopardy for the same offense. The 30-day sentence and $250 fine were imposed, inter alia, for the petitioner's "refusal after being sworn as a witness to answer any legal and proper interrogatories." This is precisely the offense charged in the present indictment. Respondent lists five elements for the offense of [p14] criminal contempt. All of these elements were necessarily included in the trial court's earlier citation for "civil" contempt. Petitioner need not "run the gauntlet" on this offense a second time. Green v. United States, 355 U.S. 184, 190.