Tuesday, November 08, 2011

Kesselfang--A Repost From July, 2006

(Note: My nightmarish work schedule continues, combined with Missouri State Soccer Playoffs. For those of you keeping score, the Official Elder Son's Team won its district title, defeating the first "Honorable Mention" team here in a tough 2-1 match. Our next round was supposed to be this evening, but weather intervened and we've been postponed until tomorrow. A preview of the game here, because I know you demand it, even if you think you don't. (Send up good thoughts for the Lutherans tomorrow about 6:00 P.M. CST. Thank you.)

Combine Soccer with a zillion trials between now and the end of the month, and I'll be ready for a break. Consequently, I dust off the following entry from the archives which seems to fit my mood at the moment. I'll be back toward Thanksgiving with something new.--RS)




"In Salic Law, the preferred trial was by boiling water (although other forms were known). In this test, called the "Kesselfang," the accused plunged his or her hand into a kettle (German: Kessel) containing boiling water and withdrew (German verb: fangen) something. The hand was then bandaged. If, after three days, the hand was either unharmed or clearly on the mend, the accused was declared innocent."

Dahn: Studien zur Gesch. der Germ. Gottesurtheile, Mönchen 1867




I cast my gaze at my calendar which sits on the credenza in my office mocking me. I see that in the next fifty-seven days, I have 10 jury trials set which will consume around twenty-two or twenty-three days of that time. Given that I usually prepare anywhere from a day to a day and a half for every day I'm in court, that means I may need thirty-three days for preparation.

I also note that I have depositions, minor court appearances, appointments and so forth set for an additional twenty-two days.

Careful readers will have realized no doubt by now, that I'm short of time by an entire month.

I think I'm going to propose some changes to Missouri jurisprudence a la the introductory paragraph to this entry. The clients may not like it, but at least it will free up some time for me.

While I do that, please note that entries to this journal may be sporadic over the next few weeks. I say "may," because doing this [blogging] functions much like therapy, so there may not be much change at all. Who knows?

I trust you'll understand. In the meantime, please visit the much more interesting people listed on the side bar to the right.


If any of you wish to visit me in order to shoot me in the rear with a tranquilizer dart during the next two months, please feel free.


Cheers.

R. Sherman


Clovis I, King of the Franks. Say what you want, but the man sure knew how to clear off his docket. Lawyers didn't have much to do, though.

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5 Comments:

Blogger OldOldLady Of The Hills said...

Plunging the hand in Boiling water and hoping it will HEAL?? Help Us And Save Us! LOL! I cannot imagine anyone being Innocent by that method....!

Don't work too hard, my dear.....I hope you get a little R&R time, too!

Will hold GOOD Thoughts for that game tomorrow...!

10:57 PM  
Blogger Vince said...

LOL, lie detectors use much the same notions. Something like walking across hot coals.
At either end, you'll get the innocent that will roast themselves or the habitual crim' that will practice and get away with it. But mostly it would work. So again a bit like the lie-detectors.

11:29 PM  
Blogger The Underground Pewster said...

The boiling water test might work to differentiate between hard working thick skinned individuals and the thief whose only work with his hands is to pick someone's pocket.

White collar criminals beware!

9:36 AM  
Blogger sage said...

Hang in there!

9:42 PM  
Anonymous Pit said...

I like that piece of information about "Kesselfang". But I must admit that I have never heard that word before. Shame on me! ;)
Regards,
Pit

12:57 PM  

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