The high and great shall render thee obeisance,
In halls bedecked with tapestries of gold,
And mansions shall be brighter for thy presence
Where swept the stately Medicis of old-
Still 'mid the pomp of all this courtly lustre,
I cannot think that thou wilt all forget
The pleasing fantasies that thickly cluster

Around the walls of the old homestead yet!

WHAT'S IN A NAME?

question of her lover, had she lived within the jurisdiction

The gentle Juliet would probably have never asked this

of the English Court of Common Pleas, or, had she asked it, would have been furnished with a satisfactory answer in the dictum of the Lord Chief Justice and his confreres of the long robe, in the case of Kimersley ■. Knott £65 10s. it seems may be in a name even when expressed only by the initial letter. We recollect, in the days of our catechism, to have seen the answer of "M or N" to the simple question of "What is your name?"-which would doubtless be held bad upon demurrer, since the judgment of the court in the case cited. However this may be, we feel satisfied that our readers will not quarrel with us, for laying before them the arguments of counsel and other proceedings, in extenso, in Kimersley v. Knott, the more especially as the ingenious and accomplished Talfourd is the chief speaker. The legal fraternity everywhere will ap preciate the wit that has been thrown around this KNOTT-Y question, nor will the best hits be "caviare to the general." It is not often that the stern countenance of Themis is relaxed with such comicalities, or that Mr. Justice Maule assumes the cap and bells for the amusement of the public. [Ed. Sou. Lat. Mess.

Court of Common Pleas.----Sittings in Banco.

KIMERSLEY v. KNOTT.

A declaration against the indorser of a bill of exchange, in which the defendant is styled simply “James M. Knott,” is bad, because the Christian name of the defendant is not properly set forth under stat. 4, William IV., ch. 42.

In this case the plaintiff, as endorser of a bill of exchange of £65 10s., brought an action against the defendant as the acceptor, and declared against him by the name of “John M. Knott," being that by which he had signed the note, but without stating in the declaration that the defendant had so signed it. To this declaration the defendant demurred specially, and assigned as the ground of his demurrer, that the declaration had not properly set forth his Christian name, nor assigned any reason under the statute, 3rd and 4th, Wm. IV., c. 42, for not doing so.

Mr. Sergeant Talfourd, on behalf of the defendant, said their lordships were often told that a case rested on a word, but here, it rested on a letter only. It was his duty to contend, both upon principle and precedent, that this was a good ground of demurrer. The court had decided that the letter "I," being a vowel, and ca* These lines are transferred to the columns of the Mes. pable of pronunciation, might be taken to be a senger, at the request of several friends, from that very ex- Christian name, but they had at the same time cellent paper, "The Home Journal." As a change is made intimated, that such would not be the case with in the signature attached to them, (the letter "E" having a consonant, which, as it could not be sounded been erroneously substituted by the Journal's compositor alone, would be deemed to be not a name, but for the Greek Σ)-a liberty which could not be taken ex

Σ

cept upon the "best_authority,”—the Editor of the Mes. an initial letter only. senger thinks it not improper to state that he wrote them was plainly an initial

himself.

pronounced by itself.

Now, in this case, M” letter, for it could not be Standing by itself, there

fore, it meant nothing. He was sure a very emi- Mr. Justice Maule: Pleadings are in writing, nent authoress, (Miss Edgeworth,) whose loss therefore the law presumes that the court can they had recently had to lament, was of opinion, read and know its letters. Vowels may be that all the letters of the alphabet, by the mode names, and in "Sully's Memoirs" a Monsieur in which they were explained, were rendered D'O. is spoken of; but consonants cannot be little more, (to use judicial language,) than a names alone, as they require in pronunciation the "mockery, a delusion, and a snare,"-that A B aid of vowels. C D, &c., meant A B C D, &c., and nothing Mr. Sergeant Talfourd: Yes, but in the case more; but even if it would avail him, he feared of consonants, they are taken to be but initials, his friend could not rely upon such authority. when used alone both in law and in literature. The Lord Chief Justice: You say the M" Throughout the ponderous volumes of Richardmeans nothing-then let it mean nothing. Would son's novels, for instance, we find persons spoa scratch be demurrable? ken of in this manner. In "Clarissa Harlowe," Mr. Sergeant Talfourd: I say that "M," by for instance, "Lord M." is mentioned throughout itself, cannot be pronounced, and means noth- four volumes, but it could never be understood ing; but here it does mean something. which that this was the real name or any thing more something ought to have been stated or explain- than an initial. Again, an author well known to ed under the statute. Suppose a person of the the lord chief justice (Charles Lamb) wrote a name of John Robbins, the court would surely farce, entitled simply "Mr. H.," but the whole hold a declaration bad, which described him by turns upon this being the initial only of a name the word John and figures of the red-breast! In he wished to conceal. In his prologue to it, he like manner the court would hold this declara- humorously says:

tion bad, because it either put a sign for one of the defendant's names, or described it by the initial letter. A consonant by itself, was a mere sound without meaning. The letter H, indeed, by the custom of London and some other places, was no sound at all, [laughter] though elsewhere it often protruded itself on all occasions, [renewed laughter.]

Mr. Justice Maule: I had a policeman before me as a witness the other day, who told me he belonged to the "hen" division, and it was not until some farther stage in the cause, that I discovered it was not a division designated by the name of a bird, but by "N," the alphabetical letter, [Great laughter.]

Mr. Sergeant Talfourd: It will probably be contended that this person might have been christened in the manner the bill is signed, but I submit that the court will not intend that. It is true we often hear of absurd Christian names, and I myself remember when many persons insisted upon having their children christened "Sir Francis Burdett."

"When the dispensers of the public lash
Soft penance give; a letter and a dash-
When vice reduced in size shrinks to a failing,
And loses half her progress by curtailing,
Faux pas are told in such a modest way,
The affair of Colonel B-with Mrs. A-,
You must forgive them; for what is there, say,
Which such a pliant Vowel must not grant,
To such a very pressing consonant?
Or who poetic justice dares dispute,
When mildly melting at a lover's suit,
The wife's a Liquid, her good man a Mute."

And he concludes by an appeal to the consequences of this "mincing fashion,” which (said the learned sergeant) I trust will have great weight with your lordships, for he adds—

Oh, should this mincing fashion ever spread
From names of living heroes to the dead:
How would ambition sigh and hang the head,
As each loved syllable should melt away,
Her Alexander turned into great A,
A single C, her Cæsar to express,
Her Scipio sunk into a Roman S-

And nick'd and dock'd to those new modes of speech,
Great Hannibal himself to Mr. H-."

Mr. Justice Maule: I remember a very learned and ingenious argument by Mr. Jardine when I sat in the court of exchequer, by which he proThe learned sergeant then cited and argued ved to the satisfaction of the court, that the upon a variety of cases on his side of the quesChristian name is the real name, and the sur- tion, and submitted that their lordships ought to name is only an addition; that in the case of John Stiles for instance, John is the real name, but Stiles was perhaps originally added only because the ancestor lived near one.

Mr. Sergeant Talfourd: Then having. I hope, convinced the court that "M" by itself cannot be a name, and means nothing, I submit it must be understood as an initial, and therefore that it have ought to have been so stated.

decide in favor of his client.

Mr. F. Robinson, on behalf of the plaintiff, said he did not deny the right of every Englishman, to be called by every name given him at his baptism; but he submitted that before he claimed to be privileged on that account, he must show that his privilege has been invaded. Here it was assumed throughout, that the "M" in the name "John M. Knott" was an initial letter, but

therefore that the court should decide in favor of the plaintiff.

he believed there were instances in which persons had been christened in this remarkable way Mr. Sergeant Talfourd having briefly replied, in this country. He was told there was lately a The Lord Chief Justice: The various stages bank director who was christened "Edmund R. Robinson;" but were it otherwise in this coun- in the argument in this case have been already try, did it follow, that in no other country, Jew, discussed and decided. The courts have decided Turk, or heathen might not use such names? that they will not assume that a consonant letter If, however, it were not an initial letter, why did expresses a name, but they will assume it exnot his friend apply to have the right name sub-presses an initial only; and they further decided, stituted? If it were a misdescription, it was that the insertion of an initial letter instead of a pleadable in abatement. Such a name might originate from an error of the clergyman at the christening.

The Lord Chief Justice: In the upper circles of society it is customary to hand in the name in writing, which prevents mistake.

Mr. Justice Maule: The practice of the circles with which I am conversant was, and I

believe is, to give the name verbally. There was, however, a gentleman, the sheriff of one of the counties I went through on circuit, Mr. John Wanley Sawbridge Erle Drax, whose name was very probably handed in, [laughter.]

Mr. Robinson: There are many Scotch and French names, such as M'Donald, M'Taggart. D'Harcourt, D'Horsey-how are such names to be set out in the pleadings? Suppose, again, a man's name were the name of a river, as X?

Mr. Justice Maule: But that is not spelt so; it idem per idem, X for ex. Beer, I believe, is sometimes called X, but not water, [laughter.]

Mr. Robinson: There are some of our names which are precisely those of letters; as Gee, Jay, Kay, &c.

Mr. Justice Maule: But here it is not sonans, only consonans, and cannot be sounded without other letters.

66

Mr. Robinson: Their lordships should remember the existence of a publication called the Fonetic Nuz, and unless they meant to give a heavy blow and great discouragement" to that rising science, he hoped they would not decide against his client, [laughter.] But he had seriously to submit, that by demurring to this declaration the defendant admitted, according to legal principles, that his name was that which was stated in the declaration.

Mr. Justice Cresswell referred to and distinguished this case from the case of "Roberts v. Moon," in 5 Term Reports, where a plea in abatement of misnomer, beginning "and the said Richard, sued by the name of Robert," was

held bad.

Mr. Justice Maule suggested that as £65 10s depended upon the question, it would be better for the plaintiff to amend. Mr. Robinson declined to do so, and contended no case could be cited directly in support of the demurrer, and

name is a ground of demurrer, and is not merely an irregularity. In the case of Nash v. Collier, this court decided that a demurrer to the decla

ration which described the defendants' name as William Henry W. Collier was not frivolous, and gave a strong intimation, which the plaintiff had the good sense to attend to, that he ought to

amend his declaration. That decision was acted

upon by the court of exchequer in the subse-
quent case of Miller v. Hayes, and as it appears
to me the case is precisely similar to the present;
I think we must decide in favor of the demurrer.
The other judges concurring.
Judgment for the defendant.

A PEEP INTO FUTURITY.

Michel rang the bell, ordered a sumptuous breakfast to be served up, of which, however, he alone partook, and among other things expressed a wish to Asmodeus to know something of the condition of the world in future, say a hundred years hence, as he thought that the discovery of steam power and its application to the new inventions of the age, especially rail-roads, must necessarily create great changes.

'If you wish," said Asmodeus, "directly after breakfast I will entertain you with some pictures of futurity."

"Let the breakfast go to the d—," exclaimed Michel springing up from his chair, "let me see them now, and then for Vienna."

Asmodeus struck with his stick upon a small table and it was instantaneously transformed into a large show-box in which nothing was as yet visible but the glass in which the spectator gazes.

"Now look in there," said he, "and I will explain wherever it may be necessary."

Michel did not wait for him to repeat this invitation but stuck not only his nose but his whole

* Extract from a late German work entitled Dämonische Reisen in alle Welt, or A Journey with Asmodens round the World.

visage into the aperture and stared with mouth last century which led from Frankfort to Maintz, and eyes wide open.

"Mon Dieu! I ought to know this country," exclaimed he, "is not that Maintz. Surely 1 see the Dome, the Eichelstein and our glorious Rhine! But how is this? I must be mistaken, for

and on which they used to travel before the discovery of our air-ships with their steam engines." Travelling must have been very tedious in

66

those days."

"Certainly, my dear, only imagine, they scarce

I see no fortifications and what does this mean?ly made four or five German miles in an hour, Yonder lie the ruins of a rail-road?"

ex

"Quite correct, but pay attention and it will plain itself to you." Michel looked and suddenly there appeared about two hundred yards above the earth two little air-ships which met directly over the city of Maintz. Each of them contained one solitary but most splendidly dressed passenger. When they arrived within a few paces of each other a mutual recognition seemed to take place, and by pressing on a spring they caused the wing-like wheels of their little vessels to pause while they remained stationary in the air. Michel who was not only all eye but also all ear, now plainly heard the following conversation which was held in the air.

Ah, my best compliments to you, Madame Tiltrina, whence come you so early in the moruing?" was the address of a Berlin courttailor to a court-milliner from St. Petersburg, seated in the other little ship.

"The Princes Y. has chased me thus early from my elastic hair-couch in order to procure in great haste a sylphide dress for her from Paris, as she wishes to attend a fête given at the court of Constantinople this evening. All the beau-monde from London, Paris, St. Petersburg, Berlin and Vienna will be there in high gala dress, and I must also, in my wanderings, obtain a pair of rattlesnake bracelets of the newest style, together with the celebrated "variations to God save the King," composed by Adkinson Goddamounth, for the Princess H. Only a short half hour ago I left St. Petersburg. But allow me to ask in turn whence you come so early, honored Mr. Dünnspecht?"

and our good ancestors thought it marvellous with what speed they travelled."

"How very tiresome, a true snail-post. But when did the wise idea of air-navigation first originate?"

"Some fifty years ago; it was in the year 1893 (about fifty-three years ago, as we are now in 1946) that an English mechanic discovered these useful air-machines which enable us to travel with so much more comfort and speed as well as so little expense. They have been improved upon until they have attained their present state of perfection, going at the rate of fifty or

more German miles an hour, and the wheels having the power of from 10 to 500 eagles' wings. Indeed, by the most accurate accounts. the great American war-ships, which carry twenty pieces of steam cannon and four steam mortars have a power equalling nearly 800 eagles' wings."

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You astonish me, Mr. Dunnspecht! But, apropos! they speak of a war which has broken out between North America and the empire of Japan ?"

"It is true, my best lady, Japan is the only state in which duties are still imposed, for they have been abolished for more than fifty years in all the other countries of the world as useless and disadvantageous to the States, inasmuch as the mercantile interests were soon balanced by the immense interchange of all the products of the world, and as the revenues of the different governments diminished by the loss of the duties were richly covered by the increase of direct taxes."

"Oh, that must have been a great plague! "I come from the place to which you are go- To see duties laid on one's honestly acquired ing, most worthy lady; the same cause which estate, or to have one's little baggage rumpled takes you there has started me thus early. I had and thrown about by good-for-nothing customto procure from the steam factory of M. Toul-house officers. But to return to the war with pret new dresses for two princes who will wear Japan. How did it turn out?" them to night at the festival of the Turkish emperor. Only see how splendid they are, (Dünnspecht unfolded the dresses and showed them to the lady.) The Diné dansant will be in full cos

tume."

66

"After the Japanese had surprised, imprisoned the crew and confiscated the goods of an American air-merchant ship which had come down in the night in the neighborhood of Jeddo and was endeavoring to smuggle her merchandise into

I know it, and you will make your own profit the city, the news induced an imperial American by it not so dear, Mr. Dünnspecht?" The artist-tailor laughed pleasantly. “But tell me, dear sir, what ruins are those lying directly under us?"

"They are the remains of a rail-road of the

VOL. XV-80

air-fleet to weigh anchor, and some three days ago they flew to Japan, and this morning it was reported on the Exchange in Paris, that their Capital, Jeddo, had been utterly destroyed in a few minutes for refusing to deliver up either the