In this matter the general conclusion follows from a single instance. For the moment it is admitted that in one case knowledge of a present fact, such as the other party's intent to act on the false statement, dispenses with proof of an intent to induce him to act upon it, it is admitted that the lesser element is all that is necessary in the larger compound. For intent embraces knowledge sufficing for foresight, as has been shown. Hence, when... more...

10 HARVARD LAW REVIEW 457 (1897) When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain... more...

TRANSLATION FROM THE ENEID, BOOK I. THE god looked out upon the troubled deepWaked into tumult from its placid sleep;The flame of anger kindles in his eyeAs the wild waves ascend the lowering sky;He lifts his head above their awful heightAnd to the distant fleet directs his sight,Now borne aloft upon the billow's crest,Struck by the bolt or by the winds oppressed,And well he knew that Juno's vengeful ireFrowned from those clouds and sparkled in... more...

TO THE ELEVEN LADIES WHO PRESENTED ME WITH A SILVER LOVING CUP ON THE TWENTY-NINTH OF AUGUST, M DCCC LXXXIX "WHO gave this cup?" The secret thou wouldst stealIts brimming flood forbids it to reveal:No mortal's eye shall read it till he firstCool the red throat of thirst. If on the golden floor one draught remain,Trust me, thy careful search will be in vain;Not till the bowl is emptied shalt thou knowThe names enrolled below. Deeper than Truth... more...

THE IRON GATE Read at the Breakfast given in honor of Dr. Holmes's Seventieth Birthday by the publishers of the "Atlantic Monthly," Boston, December 3, 1879. WHERE is this patriarch you are kindly greeting?Not unfamiliar to my ear his name,Nor yet unknown to many a joyous meetingIn days long vanished,—is he still the same, Or changed by years, forgotten and forgetting,Dull-eared, dim-sighted, slow of speech and thought,Still o'er the... more...

OPENING THE WINDOW THUS I lift the sash, so longShut against the flight of song;All too late for vain excuse,—Lo, my captive rhymes are loose. Rhymes that, flitting through my brain,Beat against my window-pane,Some with gayly colored wings,Some, alas! with venomed stings. Shall they bask in sunny rays?Shall they feed on sugared praise?Shall they stick with tangled feetOn the critic's poisoned sheet? Are the outside winds too rough?Is... more...

THE CHAMBERED NAUTILUS THIS is the ship of pearl, which, poets feign,Sails the unshadowed main,—The venturous bark that flingsOn the sweet summer wind its purpled wingsIn gulfs enchanted, where the Siren sings,And coral reefs lie bare,Where the cold sea-maids rise to sun their streaming hair. Its webs of living gauze no more unfurl;Wrecked is the ship of pearl!And every chambered cell,Where its dim dreaming life was wont to dwell,As the... more...

BILL AND JOE COME, dear old comrade, you and IWill steal an hour from days gone by,The shining days when life was new,And all was bright with morning dew,The lusty days of long ago,When you were Bill and I was Joe. Your name may flaunt a titled trailProud as a cockerel's rainbow tail,And mine as brief appendix wearAs Tam O'Shanter's luckless mare;To-day, old friend, remember stillThat I am Joe and you are Bill. You've won the great world's... more...

THE piping of our slender, peaceful reedsWhispers uncared for while the trumpets bray;Song is thin air; our hearts' exulting playBeats time but to the tread of marching deeds,Following the mighty van that Freedom leads,Her glorious standard flaming to the day!The crimsoned pavement where a hero bleedsBreathes nobler lessons than the poet's lay.Strong arms, broad breasts, brave hearts, are better worthThan strains that sing the ravished echoes... more...

THE MORNING VISIT A sick man's chamber, though it often boastThe grateful presence of a literal toast,Can hardly claim, amidst its various wealth,The right unchallenged to propose a health;Yet though its tenant is denied the feast,Friendship must launch his sentiment at least,As prisoned damsels, locked from lovers' lips,Toss them a kiss from off their fingers' tips. The morning visit,—not till sickness fallsIn the charmed circles of your... more...