e to win the case on my theory."

"If you think so," grumbled Gottlieb, "you had better argue it
yourself before the Court of Appeals."

"Very well," said I. "Nothing will give me greater pleasure."

It was with some trepidation, however, that I went to Albany to
argue, before so august a body of judges, a proposition of law that
had in reality so little to commend it; particularly as I was
opposed in person by the district attorney of New York County--a
man of great learning and power of sarcasm. However, I found the
Court of Appeals much interested in my argument and had the pleasure
of hearing them put many puzzling questions to my opponent, in
answering which he was not always altogether successful.

Pending the opinion of the Court, which was not handed down for
several months, an incident occurred in our practice that may serve
to amuse the reader if not to illustrate the dangers of ignorance.
We were engaged in a litigation in the United States District Court,
where the subpoenas for the witnesses are issued by the clerk to
the deputy marshals for service. Our opponent in the case was a
testy old member of the bar over sixty years of age and of the very
highest respectability and standing, who had several times refused
elevation to the bench and was regarded as the personification of
dignity and learning. Unfortunately his appearance belied his
position, for he was almost totally bald and his face was as weazened
and wrinkled as that of a monkey.

It so happened that we desired to have in court the following day
certain papers that were in his possession; and, in order that we
might be in a position to introduce copies of them in case he failed
to produce the originals, we secured what is called a _duces tecum_
subpoena for him--that is to say, a subpoena directing him to bring
with him--_duces tecum_--"bring with you"--the papers in question.
There had recently been appointed as a deputy marshal a very honest
and enthusiastic, but exceedingly ignorant Irishman named Hennessey,
who, prior to his advent into officialdom, had been employed at
heaving coal at a dollar and eighty cents a day. The clerk called
him into his office and handed to him our subpoena.

"Mike," he said, "here is a subpoena for Winthrop Van Rennsellaer"
--our worthy opponent. "It is a _duces tecum_. Understand?"

"Shure, I do!" answered Mike, wiping his mouth with the back of
his hand and taking the paper; for, though he had no