In one case a man was indicted for
advertising a show without a license. The defendant insisted
that the indictment was insufficient because it set out merely
what the show purported to be, and not what it really was.
On which the Judge remarked: "The indictment sets out all
that is necessary, and, indeed, all that is safe. The show
often falls short of the promise in the show-bill."
There was once a case before him for a field-driver who had
impounded cattle under the old Massachusetts law. The case
took a good many days to try, and innumerable subtle questions
were raised. The Judge began his charge to the jury: "Gentlemen
of the jury, a man who takes up a cow straying in a highway
is a fool."
Another time there was a contest as to the value of some
personal property which had been sold at auction. One side
claimed that the auction-sale was a fair test of the value.
The other claimed that property that was sold at auction was
generally sold at a sacrifice. Metcalf said to the jury:
"According to my observation, things generally bring at auction
all they are worth, except carpets.
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