Thursday, August 9, 2012

People and Law

 
  Some legal anecdotes from bygone days. . .



Sir Fletcher Norton (1716-1789, barrister and later politician, including stints as Solicitor-General and Speaker of the House of Commons) was noted for his want of courtesy. When pleading before Lord Mansfield, on some question of manorial right, he chanced unfortunately to say, "My Lord, I can illustrate the point in an instant in my own person: I myself have two little manors." The judge immediately interposed, with one of his blandest smiles, "We all know that, Sir Fletcher."



Mr Justice Maule (1788-185), an English lawyer, Member of parliament and judge), was about to pass sentence on a defendant found guilty of a serious offence when the man broke in with the plea “My God strike me dead, my lord, if I did it.”  The judge waited some considerable time, looking sternly at the defendant, until he broke his silence with the remark, “As Providence has not seen fit to interpose in your case, it now becomes my duty to pronounce upon you the lighter sentence of the law.”



At the end of a trial held on the South Wales Circuit the defence counsel asked Lord Bramwell (1808-1892, English judge), who was presiding, whether he could address the jury in Welsh.  The evidence showed that a verdict of ‘guilty’ was as good as given and his lordship agreed to the request, albeit with some reluctance.  The barrister spoke briefly and the jury were out for a matter of minutes before they returned a remarkable verdict of ‘not guilty’.  Lord Bramwell was dumfounded and, after the court had been cleared, he asked the recorder for a translation of the counsel’s remarks.  It read, “This case, gentlemen, lies in a nutshell.  You see exactly how it stands.  The judge is an Englishman, the prosecuting counsel is an Englishman.  But you are Welsh, and I am Welsh, and the prisoner is Welsh.  Need I say more?”



During his time as a practising lawyer, Lincoln was approached by a man who wanted him to act on his behalf in a claim to retrieve $600.  Lincoln examined the case and found that, although likely to succeed, it would result in the ruin of a widow and her six children.  He hen wrote to the would=be client: 

“Yes, we can doubtless gain your case for you; we can set a whole neighborhood at loggerheads; we can distress a widowed mother and her six fatherless children and thereby get you six hundred dollars to which you seem to have a legal claim, but which rightfully belongs, it appears to me, as much to the woman and her children as it does to you. You must remember that some things legally right are not morally right. We shall not take your case, but will give you a little advice for which we charge you nothing. You seem to be a sprightly, energetic man; we would advise you to try your hand at making six hundred dollars some other way.”

Tuesday, August 7, 2012

Thoughts on England

 

With the world’s attention focused on the Brits, or at least that part of the world that watches Olympic events, some thoughts on England . . .  

This royal throne of kings, this sceptred isle,
This earth of majesty, this seat of Mars,
This other Eden, demi-paradise,
This fortress built by Nature for herself
Against infection and the hand of war,
This happy breed of men, this little world,
This precious stone set in the silver sea,
Which serves it in the office of a wall
Or as a moat defensive to a house,
Against the envy of less happier lands,-
This blessed plot, this earth, this realm, this England.
- William Shakespeare, King Richard II.
 

England has two books; the Bible and Shakespeare. England made Shakespeare, but the Bible made England.
Victor Hugo 

We may be a small country, but we're a great one, too. The country of Shakespeare, Churchill, the Beatles, Sean Connery, Harry Potter. David Beckham's right foot. David Beckham's left foot, come to that.
-        Hugh Grant as the Prime Minister, Love Actually 

The British are special. The world knows it. In our innermost thoughts we know it. This is the greatest nation on earth.
Tony Blair
 

England is a nation of shopkeepers.
Napoleon Bonaparte
 

Ask any man what nationality he would prefer to be, and ninety nine out of a hundred will tell you that they would prefer to be Englishmen.
Cecil Rhodes 

There is a forgotten, nay almost forbidden word, which means more to me than any other. That word is England.
Winston Churchill 

The reason why Englishmen are the best husbands in the world is because they want to be faithful. A Frenchman or an Italian will wake up in the morning and wonder what girl he will meet. An Englishman wakes up and wonders what the cricket score is.
Barbara Cartland
 

The British have an umbilical cord which has never been cut and through which tea flows constantly. It is curious to watch them in times of sudden horror, tragedy or disaster. The pulse stops apparently, and nothing can be done, and no move made, until "a nice cup of tea" is quickly made. There is no question that it brings solace and does steady the mind. What a pity all countries are not so tea-conscious. World-peace conferences would run more smoothly if "a nice cup of tea", or indeed, a samovar were available at the proper time.
Marlene Dietrich
 

When I warned them (the French Government) that Britain would fight on alone whatever they did, their generals told their Prime Minister and his divided Cabinet, "In three weeks England will have her neck wrung like a chicken." Some chicken! Some neck!
Winston Churchill
(Speech to Canadian Parliament, 1941) 

There'll always be an England,
While there's a country lane.
Wherever there's a cottage small
Beside a field of grain
There'll always be an England
While there's a busy street.
. . .
There'll always be an England
And England shall be free
If England means as much to you
As England means to me.
Vera Lynn 

I know I have the body of a weak and feeble woman, but I have the heart and stomach of a King, and of a King of England too; and think foal scorn that Parma or Spain, or any prince of Europe, should dare to invade the borders of my realm.
Queen Elizabeth 1
(Speech to the troops at Tilbury on the approach of the Armada 1588) 

He is an Englishman!
For he himself has said it,
And it's greatly to his credit,
That he is an Englishman! 
Gilbert & Sullivan
HMAS Pinafore 

I've been through my fair share of being called a Pommy bastard, I can assure you.  Look what it's done to me. My God, it was good for the character.  You want to develop character - go to Australia.
Prince Charles




Monday, August 6, 2012

More Street Art and Public Art


“I see drawings and pictures in the poorest of huts and the dirtiest of corners.”

-       Vincent Van Gogh

















Quote: Edmund Burke

 

“Because half-a-dozen grasshoppers under a fern make the field ring with their importunate chink, whilst thousands of great cattle, reposed beneath the shadow of the British oak, chew the cud and are silent, pray do not imagine that those who make the noise are the only inhabitants of the field; that of course they are many in number; or that, after all, they are other than the little shrivelled, meagre, hopping, though loud and troublesome insects of the hour."
-          Edmund Burke 

Edmund Burke (1729 -1797) was an Irish statesman, author, orator, political theorist and philosopher who, after moving to England, served for many years in the House of Commons of Great Britain as a member of the Whig party.  He is mainly remembered for his support of the cause of the American Revolution, and for his later opposition to the French Revolution. The latter led to his becoming the leading figure within the conservative faction of the Whig Party, which he dubbed the "Old Whigs", in opposition to the pro–French Revolution "New Whigs", led by Charles James Fox.  Burke was praised by both conservatives and liberals in the 19th century,  Since the 20th century, he has generally been viewed as the philosophical founder of modern Conservatism as well as a representative of classical liberalism. 

“All that's necessary for the forces of evil to win in the world is for enough good men to do nothing.”
-      Edmund Burke



Saturday, August 4, 2012

Swastikas - Part 4

 


The previous parts of this post have looked at the use of the swastika before and after the adoption of that ancient good luck symbol by the Nazis.  

Before looking at the final instalment –postcards featuring swastikas – I will briefly mention another local example of the swastika use as a good luck symbol. My son, Thomas, a budding lawyer who works with in my office, and I travelled to the south coast on business. On the way back we stopped off at the Nan Tien Temple at Berkeley (near Port Kembla), about 80 kilometres south of Sydney. It is the largest Buddhist temple in the Southern hemisphere and displays swastikas in various locations, including on the chests of the giant Buddha statues:

Part of the Nan Tien Temple





Before its demonisation by the Nazis, the swastika was often featured on postcards as a good luck symbol. The following examples are from around the early 1900’s:




















The Nazis, not unsurpisingly, also had swastika postcards . . .


but there have been attempts to rehabilitate the swastika. . .



Friday, August 3, 2012

Sporting Moments

 

Eight female Olympic badminton players have been disqualified for deliberately trying to lose their preliminary-round matches.  The players – two from China (the gold medal favourites), four from Korea and two from Indonesia - lost the rounds on purpose in order to enter the knockout round with a lower seeding, thereby avoiding having to compete against a more talented team early in the tournament. 

The head coach of South Korea, Sung Han-kook, admitted his doubles players threw their games, but only after the Chinese started playing to lose.  "The Chinese started this. They did it first," Reuters quoted Sung as saying.  

-           News report

At least one commentator has asked whether the above is cheating or strategising, pointing out that the Japanese women’s soccer team was instructed to not score in their final group game Tuesday against South Africa, which gave them a more favourable match-up in the next round. Michael Phelps admitted to not swimming his best in the trials to save energy. Yet officials issued no punishment in these two situations.   Whether it is strategy or cheating is a discussion for another time. 

The fact of the players and coaches seeking to take advantage of the rules by deliberately losing brought to mind two famous, or more aptly infamous, examples.  If they weren’t true one would be forgiven for thinking that they are episodes from a Monty Python movie.

#1  West Germany v Austria, 1982 FIFA World Cup: 

The first part of the World Cup (football for the purists, soccer for the argumentative) is the group stage. Each group has four teams that play each other, with three points for a win, one point for a draw and no points for a loss. The top two teams advance past the group stage and the bracket continues with single-elimination games. 

These days the 4 teams in the group play simultaneously, so that advancing to the next group depends not only on a team’s own performance but also on the outcomes of the other games. 

That was not the case in 1982.  At that time matches were played sequentially, one after the other, so that teams were aware of the standings of other teams and points needed to advance.  In addition, bizarre rules that related to the number of goals scored also affected the outcomes.   

In the last match of the 1982 FIFA World Cup, Group B, West Germany was to meet Austria.  A West German victory by 1 or 2 goals would result in both teams advancing to the next group.   If Germany scored less goals than that, it was out; any more and Austria was out, with Algeria advancing. 

When Germany and Algeria had met earlier in the group matches.  It had been expected that a German win was a certainty, Germany being the reigning world champions with a squad containing numerous internationals and elite players.  Algeria, a country which had never previously been to a World Cup, prohibited its players from leaving the country before age 28. 

The Germans were so confident of victory that one German player declared at the press conference before the match that "We will dedicate our seventh goal to our wives, and the eighth to our dogs.”  Another stated that he would play the game with a cigar in his mouth 

In the shock upset of the Cup, Algeria defeated Germany 2-1. 

Against Austria, Algeria lost 2-0. 

In the match between Germany and Austria, Germany scored after 10 minutes to make the score 1-0.

Horst Hrubesch scores the winning goal for Germany’s 1-0 win over Austria. 

According to a commentary on that match from The Guardian in 2010: 

In the 10th minute of that match Horst Hrubesch put the Germans in front. Then … nothing happened. Realising the scoreline suited both of them, Germany and Austria effectively stopped playing. In the ensuing 80 minutes there were no shots, and barely any tackles, crosses or sprints. The game was no longer a contest, it was a conspiracy. The teams' cynicism provoked universal scorn. 

A smattering of Algerian fans in the Gijón crowd burned peseta notes to show their suspicions of corruption, while most of the Spaniards in attendance waved hankies throughout the second half in a traditional display of disdain. The next day newspapers in Spain denounced "El Anschluss" and there was outrage in Wst Germany and Austria too. Eberhard Stanjek, commentating for the German channel ARD, almost sobbed during the match as he lamented: "What is happening here is disgraceful and has nothing to do with football. You can say what you like, but not every end justifies the means." The Austrian commentator, meanwhile, told viewers to turn off their sets and refused to speak for the last half-hour. Former West German international Willi Schulz branded the German players "gangsters". 

The gangsters, however, were unapologetic. When German fans gathered at the team hotel to protest, the players responded by throwing water bombs at them from their balconies. 

Even less bothered was the head of the Austrian delegation, Hans Tschak, who made these extraordinary comments: "Naturally today's game was played tactically. But if 10,000 'sons of the desert' here in the stadium want to trigger a scandal because of this it just goes to show that they have too few schools. Some sheikh comes out of an oasis, is allowed to get a sniff of World Cup air after 300 years and thinks he's entitled to open his gob." 

Did the Algerian players take offence? Not at all, Merzekane [the Algerian fullback] says. "We weren't angry, we were cool," he says. "To see two big powers debasing themselves in order to eliminate us was a tribute to Algeria. They progressed with dishonour, we went out with our heads held high." 

From all over the world came calls for Fifa to punish the Europeans or stage a replay, but in the end all the world's governing body did was rule that henceforth the last pair of games in every group must be played simultaneously. "Our performances forced Fifa to make that change, and that was even better than a victory," Belloumi says. "It meant that Algeria left an indelible mark on football history." 


And the ultimate winner?  Italy defeated West Germany 3-1 in the final. 

#2  Barbados  v Grenada, 1994 Shall Caribbean Cup:

If the previous game seemed bizarre and unsportsmanlike, the following item will pale that in comparison. 

The Shell Caribbean Cup was the football championship of the Caribbean. 

The following is a Wikipedia report on one game in that competition, the surreal 1994 match between Barbados and Grenada: 

Grenada went into the match with a superior goal difference, meaning that Barbados needed to win by two goals to progress to the finals. The trouble was caused by two things. First, unlike most group stages in football competitions, the organizers had deemed that all games must have a winner. All games drawn over 90 minutes would go to sudden death extra time. Secondly and most importantly, there was an unusual rule which stated that in the event of a game going to sudden death extra time the goal would count double, meaning that the winner would be awarded a two goal victory. 

Barbados was leading 2-0 until the 83rd minute, when Grenada scored, making it 2-1. 

Approaching the dying moments, the Barbadians realized they had little chance of scoring past Grenada's mass defence in the time available, so they deliberately scored an own goal to tie the game at 2-2. This would send the game into extra time and give them another half hour to break down the defence.  

The home goal scored. 

The Grenadians realised what was happening and attempted to score an own goal as well, which would put Barbados back in front by one goal and would eliminate Barbados from the competition. 

However, the Barbados players started defending their opposition's goal to prevent them from doing this, and during the game's last five minutes, the fans were treated to the incredible sight of Grenada trying to score in either goal while Barbados defended both ends of the pitch.  

Barbados successfully held off Grenada for the final five minutes, sending the game into extra time. In extra time, Barbados notched the game-winner, and, according to the rules, was awarded a 4-2 victory, which put them through to the next round. 


 In a press conference after the game, Grenadian manager James Clarkson said: 

"I feel cheated. The person who came up with these rules must be a candidate for a madhouse. The game should never be played with so many players running around the field confused. Our players did not even know which direction to attack: our goal or their goal. I have never seen this happen before. In football, you are supposed to score against the opponents to win, not for them" 

Ultimately Trinidad /  Tobago defeated Barbados and went on to defeat Martinique in the final. 

The scoring rules were not used in the Cup after 1994.


Funny Friday

 
Caution: risque items




And a further Olympic item:

A Russian and an American wrestler were facing off for the Olympic gold medal. Before the match, the American’s trainer came to him and said “Don't forget, this Russian has never lost a match because of his pretzel hold. If he gets you in it, you're finished.” 

Immediately after the match began, the Russian got the American in the devastating pretzel hold. The trainer couldn’t watch any longer, so he turned away. Suddenly, there was a scream, and cheers from the crowd. The trainer looked back to see the American had won the match.

Back in the change room the trainer asked “How did you get out of that hold? No one has ever done it before!”

The American answered “Well, I looked up and saw this pair of balls right in front of my face. I thought I had nothing to lose, so with my all my strength I bit those babies just as hard as I could.”


“So!” the trainer said, “That's what finished him off!”

“No, but you'd be amazed how strong you get when you bite your own balls!


Wednesday, August 1, 2012

"The Prayer of the Sportsman"

 


The Prayer of the Sportsman 

Berton Braley

(although sometimes attributed to American college football coach Knute Rockne, this poem was often quoted by Rockne but not written by him). 


Dear Lord, in the battle that goes through life,
I ask but a field that is fair;
A chance that is equal with all in the strife
A courage to strive and to dare;
And if I should win, let it be by the code,
With my faith and my honor held high;
And if I should lose, let me stand by the road
And cheer as the winners go by.
 

And Lord, may my shouts be ungruding and clear,
A tribute that comes from the heart,
And let me not cherish a snarl or a sneer
Or play any sniveling part;
Let me say: There they ride on whom laurel's bestowed
Since they played the game better than I
Let me stand with a smile by the side of the road
And cheer as the winners go by.


A modified version is also sometimes quoted:


Dear Lord, In the battles we go through in life,
We ask for a chance that's fair.
A chance to equal all our stripes.
A chance to do or dare.

If we should win,
Let it be by the code:
With faith and honor held high.

And if we should lose,
Let us stand by the road
and cheer as the winners go by.


Berton Braley (1882 – 1966) was an American poet. Born in Madison, Wisconsin, his father was a judge who died when Braley was seven years old. At 16, Braley quit high school and worked as a factory hand at a plow plant. After a few years, Braley went back to school and received his high school diploma.  Shortly afterwards he discovered the joys of poetry.