d what was under,
The wearer must have been a "human,"
But might have been a man or woman.
'Twas like a mountain crowned with trees
Amid the pathless Pyrenees,
Or like a garden planned by Paxton,
Or colophon designed by Caxton,
So intricate the work; and flowers
Were trained to climb its soaring towers,
Convolvulus and candytuft,
And 'mid them water-wagtails stuffed.
Such splendour never yet, I wis,
Had shone in Minneapolis.
But Brown was in a sore dilemma,
A dollar he had paid for Emma
To see a play, and not a hat;
A dollar, it was dear at that.
And Emma--disappointment racked her,
She never saw a single actor.
So Brown, with visage thunder-black,
Demanded both his dollars back.
The man who took the cash said, "Sonny,
Our rule is not to give back money.
But if you'll come another night,
Maybe you'll get a better sight."
So Brown went home and nursed his sorrow,
His writ he issued on the morrow.
A hundred dollars was his claim,
And the young lady claimed the same.
The case was argued, on revision
Of pleadings, this was the decision:
"The theatre's defence is bad,
Brown paid for what he never had,
He paid when in the pit he sat
To see a play and not a hat.
To bring defendants to their senses,
I find for plaintiffs with expenses."
_Justitiae columna sis_,
Wise judge of Minneapolis!

COMMONWEALTH _v._ MARZYNSKI

(21 New England Reports, 228 [Massachusetts, 1893])

[On a complaint for keeping open a tobacconist's shop on Sunday,
contrary to the law of Massachusetts, it was held that the court
will take judicial notice that tobacco and cigars are not drugs and
medicines, and will exclude the testimony of a witness who offers
evidence that they are.]

Against the statutes of the Old Bay State
Marzynski on a Sunday stood behind
His counter, well content his gain to find
In pipes not pills, cigars not carbonate.
From breakfast till 'twas dusk at half-past eight
Tobacco cheered this hardened sinner's mind,
The price of it his pockets, disinclined
To add their dime to the collection plate.
The State Attorney claimed the penalty;
"Cigars are no cigars," said the defence,
"But drugs, and we have witnesses to prove it."
"Cigars to be cigars judicially
We notice, and re