Fraud Includes The Pretense Of Knowledge When

There Is In Each Of Us A Stream Of Tendency, Whether You Choose To Call It Philosophy Or Not, Which Gives Coherence And Direction To Thought And Action. Judges Cannot Escape That Current Any More Than Other Mortals.

The Constitution Was Framed Upon The Theory That The Peoples Of The Several States Must Sink Or Swim Together, And That In The Long Run Prosperity And Salvation Are In Union And Not Division.

The Heroic Hours Of Life Do Not Announce Their Presence By Drum And Trumpet, Challenging Us To Be True To Ourselves By Appeals To The Martial Spirit That Keeps The Blood At Heat. Some Little, Unassuming, Unobtrusive Choice Presents Itself Before Us Slyly And Craftily, Glib And Insinuating, In The Modest Garb Of Innocence. . . . Then It Is That You Will Be Summoned To Show The Courage Of Adventurous Youth.

History Or Custom Or Social Utility Or Some Compelling Sense Of Justice Or Sometimes Perhaps A Semi-intuitive Apprehension Of The Pervading Spirit Of Our Law Must Come To The Rescue Of The Anxious Judge And Tell Him Where To Go.

It Is For Ordinary Minds, Not For Psychoanalysts, That Our Rules Of Evidence Are Framed. They Have Their Source Very Often In Considerations Of Administrative Convenience, Or Practical Expediency, And Not In Rules Of Logic.