TWO LAW-STUDENTS, AND THEIR FIRST CASE. 1 53 



Massachusetts Militia, the law requires that notice of such enrol- 

 ment shall be seasonably given to a citizen thus enrolled. The 

 reason for this is obvious ; otherwise a citizen might be dragged 

 away to fight in battles in defence of his country, before he has any 

 information or knowledge that he is a soldier; and further, such 

 notice affords him time and opportunity to procure a priming wire 

 and brush, twenty-four cartridges, and the numerous other weapons 

 of war required by Massachusetts Militia Law. My chent has not 

 received any notice of his enrolment. The learned counsel for com- 

 plainant, ingenious as he is, has not offered any evidence of such 

 notice to our client ; and he cannot, for it is not a fact. Without 

 waiving the force and strength of our six points, we confidently 

 assert and maintain that this seventh point is conclusive, and fatal 

 to the maintenance of this prosecution." 



The Court. " Mr. Dana, you may rest a minute." " Mr. Russell, 

 have you any evidence or proof, or can you produce any, that notice 

 of his enrolment was given to the defendant?" "I regret to say 

 that I am afraid we don't possess such evidence, and that we cannot 

 procure it." The Court. " Then I rule the point well taken, and 

 that it is fatal to the maintenance of the prosecution. Thomas 

 Hopkinson, stand up ! This Court orders that you be discharged ; 

 you may go without day." 



" The next case is a complaint against James Dana, of Groton, 

 which I will read. James Dana, do you plead guilty, or not guilty?" 

 " Not guilty, your Honor." " Have you engaged counsel? " " Yes, 

 your Honor, I have retained my friend Thomas Hopkinson to 

 defend me." 



Esquire Russell having finished his case for the prosecution, Mr. 

 Hopkinson for the defence addressed the Court : — 



" May it please your Honor, our defence is substantially the same 

 as that made by our brother Dana in the prosecution against ourself, 

 which has just been tried before your Honor." 



The Court. "Mr. Russell, you have not offered any evidence 

 that notice of his enrolment was given to Dana, the defendant. 

 Can you procure or produce any?" ''I fear not, your Honor." 

 "Then the Court orders that you be discharged, and go without 

 day." Mr. Hopkinson. " We thank the Court for the correct 

 ruHng." 



The other ten delinquents, rough-looking country boys, were sit- 

 ting in a row, and with strained eyes and wide-open ears had listened 

 to the foregoing. After Hopkinson and Dana were thus summarily 



