Waite

“ Professor Waite has no faith in my genius, but I intend to astonish that gentleman one of these days. He admits that I have an eye for colour, and the rest can be learned. If father can spare me for a week I shall accept your invitation, Adelaide, and when I appear you must give me the interior of a room to decorate. It will be startling, I tell you. I have a good deal of King’s Daughter work to do, too. [373] You know we have not raised the money for the Manger, and the Home must have it, for they have been receiving the babies, though they have no good nursery. ”

“ Young. He proved himself capable of grasping all the minute details of legal controversies and rose rapidly. The firm removed to Toledo in 1850, and continued until his youngest brother, Richard, came to the bar, when the two brothers formed a partnership. Mr. Waite in the mean time had become widely known for his successful management of difficult cases, and his studious habits and upright character. Opposing counsel often said that his assertion on any question of law was unanswerable. During more than three decades he was the acknowledged leader of the Ohio bar. ”

“ That woman is angling for another husband, and has been ever since poor Waite's death, and if anything were to happen to Mr. Winn it's just what Laura would be doing too. It runs in the blood, [Pg 40] my dear. You know, and I know, that all the time she was at Omaha Barracks and the major in the field, she—a woman with a grown son and a graduating daughter—was dancing with the boys at the hops and riding—yes, and buggy-riding—with bachelors like those wretches Gates and Hagadorn. ”

“ Waite contributed in a very large degree to the success of the case of the United States, and thus to the peaceful settlement of long standing and bitterly contested questions of the gravest national concern. A writer in the Boston Evening Transcript, date of Dec. 6, 1874,—Mr. A. H. Hoyt, to whom we are indebted for many of the facts here recorded,—very accurately describes the characteristics of the chief justice at that time as follows: "He has the reputation of possessing a vigorous intellect, which very readily and clearly grasps the facts and the law of a case. ”

“ Now the good ship is swinging in the current of the Waitemata, and the voyage, that at its commencement seemed so long and that now appears to have been so short, is fairly terminated. Before us, extending to right and left, and up and down, are thousands of lights glittering and twinkling over the shadowy outlines of the city; while into our ears is borne the welcome hum and stir of city [Pg 17] life. ”

“ Waite considers that all that is of value in his mysticism is derived from anterior writers; he amusingly admits his obligations to others in the preface to the ‘Harmony of the World.’ Although he did not pretend to be a member of the English brotherhood of Rosicrucians, he explained the Rosicrucian principles to satisfy public curiosity. There is a portrait of Heydon by T. Cross, prefixed to the ‘Holy Guide,’ which appears in other works; another faces the title-page of the ‘Theomagia.’
Heydon wrote: 1. ‘Eugenius Theodidactus. The Prophetical Trumpeter sounding an Allarum to England,’ Lond. ”

“ Not usual to shake hands with Waiter, though really, on occasion like this, one might disregard conventionalities. Waiter lingeringly withdrew, still keeping his eye on me, as if expecting me to call him back. Nodded a friendly farewell, and pensively peeled an orange, thinking how one touch of nature makes us kin. This good Waiter and I quite subdued by the graceful, generous thought of Lord Mayor Knill, who has added one more link to the chain that binds in amity two nations that have fought all the way from Cressy to Waterloo. ”

“ The man was found on Wednesday; but the deed was done on Tuesday night--done, of course, after you left him; but who can prove that? He was seen alive in your company late on Tuesday night, and he was never seen alive again. The hours of that night must be accounted for, George, if you are to prove yourself guiltless. How can you account for them after the time the waiter saw you leave the tavern together?"
George did not answer. She caught her breath and went on, fixing on him a sideway look of intense anxiety.
"Can any of the people at the billiard-rooms prove at what hour you left them? ”

“ As to this gentle [77] man himself there are no particulars forthcoming; he has promised an account of his adventures during four years as an emigrant in Chili; and he has promised a patriotic epic in twelve cantos, but so far as my information goes they remain in the womb of time. But he has a claim on our consideration because it occurred to him that he would put in practice the advice of Leo Taxil, which he did accordingly in the autumn of 1891, and demonstrated to his own satisfaction that “Are there Women in Freemasonry?” ”

“ Under the ruling in that case, the proclamation took effect as of the beginning of June 13, 1865, and, therefore, covers all the transactions of that day to which it is applicable. We do not think this is a case in which fractions of a day should be taken into account. ”

“ We have no hesitation in answering the first of these questions in the affirmative. All the doubts there may have been upon that subject when the act of 1848 stood alone were, in our opinion, removed by the act of 1879. ”

“ Five terms of the court had passed, at either one of which the case would have been triable if the parties had taken the usual steps as to pleadings and preparations. In fact, more than a year had elapsed from the time the issues had actually been made up on the pleadings of some of the parties. ”

“ So far as I am aware the existence of either of the Bodies you refer to is unknown to any of the Masonic Body in Ireland, and I can, with almost certainty, make the same statement in reference to the English and Scotch Masons. Having been for nearly twenty-seven years the Acting Head of the Order in Ireland, I can speak with authority, and you are at liberty in my name to give the most emphatic contradiction to the statements quoted from the book. ”

“ It was the first house built upon the premises, and, as before stated, is very deficient in the number and size of its windows.
Mrs. Young seldom receives guests, and her husband himself scarcely ever pays her a visit.
When I looked upon this poor, suffering woman, as she sat at church, surrounded by her husband's mistresses, I seemed for the first time fully to realize the true character of that "institution" which has crushed the hearts of many noble women. ”

“ But even if she possess the rituals, she has not come by them in the manner she describes. Her account is as follows:—"The Fraternity of the Rose-Cross comprises nine degrees of initiation—1. Zelator; 2. Theoricus; 3. Practicus (Miss Vaughan writes Praticus, which would be the error of a French person who does not read Latin and not the error of an English or American person as she claims to be) ; 4. Philosophus ”

“ Fathers and mothers only can judge what they must have been. Far off, in the Rocky Mountains, without transportation,—for their cattle, horses and mules had been run off,—not knowing what their fate was to be,—we can but poorly realize, the gloom that pervaded the camp. ”

“ He is wily and cunning, with much of the suaviter in modo, and is something of a lawyer. He glories in a household of seven "women" and about twenty children, but does not maintain them in the highest style. ”

“ The whole world is acquainted with that which John Bull does not himself confess, namely, the private history of her whom Indians term 'the old lady of London,' given over to vice and drunkenness from her youth—Her Majesty Wisky the 1st. ”

“ Justice WOODS, 'the practice * * * finds no higher warrant or sanction in the act of 1835 than in the act of 1876.' Such being the case, it matters not what the practice of the departments may have been or how long continued, for it can only be resorted to in aid of interpretation, and 'it is not allowable to interpret what has no need of interpretation.' If there were ambiguity or doubt, then such a practice, begun so early and continued so long, would be in the highest degree persuasive, if not absolutely controlling, in its effect. ”

“ But to return once more to the present advanced position of the West Coast. I would call the reader's attention again to the districts in the neighbourhood of the River Buller, commonly known as Addison’s Flat and Waite’s Pakihis. The whole of this country has now become more or less a flourishing gold-field, traversed by thousands of people of various avocations. The progress of Addison’s Flat has certainly been greatly impeded by the number of heavy floods that have taken place at various times ”

“ On the 20th of May, 1737, there was constituted in France the Order of the Palladium, or Sovereign Council of Wisdom, which, after the manner of the androgyne lodges then springing into existence, initiated women under the title of Companions of Penelope. The ritual of this order was published by the Masonic archæologist Ragon, so that there can be no doubt of its existence. ”

“ The object is to inform us, not of what was done before the appeal, but of what has been done since. Our action under the appeal, however, is confined to what was done before; and, if we act at all upon what has been done since, it must be in consequence of some new jurisdiction to be acquired. From what has already been said, it is clear that, for such a purpose, we have no power to issue the writ. ”

“ He performed thereupon a very creditable action; he wrote a pamphlet entitled “The Existence of Lodges for Women: Researches on this subject,” &c., in which he stated the result of his investigation, collected the controversy on the subject which had been scattered through the press of the period, and defended Leo Taxil with the warmth of an alter Ego. But he had not limited his researches to the directions indicated in his author. ”

“ I shall barely sum up, and refer every member of this House, who may have the least doubt about the guilt of the Mormons in this massacre, and the other crimes to which I have alluded, to the evidence published in the appendix hereto."
To the foregoing thrilling recital, I will only add:—The train consisted of 40 wagons, 800 head of cattle, and about 60 horses and mules. As near as can be ascertained, there [66] were about 150 men and women, besides many children. ”

“ It has long been settled that if a cause cannot be taken to the highest court of a State, except by leave of the court itself, a refusal of the court upon proper application made to grant the leave, is equivalent to a judgment of affirmance, and is such a final judgment as may be made the basis of proceedings under the appellate jurisdiction of this court. ”

“ No; it were heresy to think so; they never could. But mark the sequel. In the Nelson Examiner, about the month of August, 1864, there appeared an advertisement, calling together certain gentlemen for the purpose of forming a committee to get up a testimonial to be presented to Mr. Waite, in acknowledgment of the manner in which he had benefitted the province, of the hardships he had undergone, and various other things to the same effect, in connection with the development of the South-west gold-fields. ”

“ This suit was begun by Mary Price, a citizen of Illinois, the daughter, on the nineteenth of November, 1878, to set aside the will on the ground that the testator was of unsound mind when it was made. The widow, the executors, and the two societies were all made defendants. A joint answer was filed by all the defendants on the fourteenth of January, 1879. On the twenty-first of September, 1880, the widow filed a separate answer, in which she set forth her election to renounce the will, and take her dower and legal share of the estate of her husband. ”

“ If the judgment is not one which disposes of the whole case on its merits, it is not final. Consequently it has been uniformly held that a judgment of reversal with leave for further proceedings in the court below cannot be brought here on writ of error. ”

“ That continues in force until reversed, which is only done when errors are found in the record on which it rests, and which were committed previous to its rendition. Here there are no such errors. All we can do, therefore, is to affirm the judgment, and send our mandate to that effect to the court below. ”

“ He was discharged, not because the judgment was wrong, but because he had not, in the opinion of the court, been guilty of any neglect of duty towards those against whom it was rendered, which would make him liable to them therefor. ”

“ A. I think I could lay aside that opinion I have formed. Q. You believe that you could? A. Yes.'
Here the examination of the juror by the counsel for the defendant, so far as it seems to be important to the present inquiry, was closed. Then, on examination by the attorney for the state, the following appears: 'Question. Do you know anything of the counsel upon the other side? Answer. No, sir. Q. You have men under you assisting you in shipping? A. No; there are no men under me. Q. Do you belong to any labor organization? ”

“ The proceeding was in all material respects like a motion for a new trial filed in time at one term and not disposed of until the next. Under such circumstances, a judgment or decree, although entered in form, does not discharge the parties from their attendance in the cause. They must remain until all questions as to the finality of what has been done are settled. The motion, when entertained, prolongs the suit, and keeps the parties in court until it is passed upon and disposed of in the regular course of proceeding. ”