91. Papas, William [1927-2000], Illustrator. Jonathan Stone, Text. The Law by Papas. London: Oxford University Press, 1966. [35] pp. Frontispiece. Illustrated throughout. Folio (10-1/2" x 10"). Cloth very good in lightly worn dust jacket.  $60.
* A humorous look at the English judicial process with elaborate illustrations by the noted political cartoonist and illustrator best known for his contributions to the Manchester Guardian.

Parsons on Mercantile Law

92. Parsons, Theophilus, Jr. [1797-1882]. The Elements of Mercantile Law. Boston, Little, Brown and Company, 1856. lxxxiii, 617 pp. (6" x 9"). Recent period-style quarter calf over cloth, raised bands and lettering piece to spine, endpapers renewed. Light spotting to some leaves, interior otherwise fresh. An attractive copy.  $500.
* Only edition. Like his father (and namesake), Theophilus Parsons, Jr. was an expert on commercial and maritime law. Pound considered him to be one of the great jurists of the “formative era” of American law. This textbook was inspired by the courses on commercial law he taught at Harvard Law School, where he was Dane Professor. It defines the subject broadly and includes sections on shipping law and the law of marine, fire and life insurance. Parts of this treatise were incorporated into his Laws of Business for Business Men (1857). Pound, The Formative Era in American Law 142.Cohen 2439.

The Law of Markets and Fairs

93. Pease, J.G., and Herbert Chitty. A Treatise on the Law of Markets and Fairs with the Principal Statutes Relating Thereto. London: Knight and Co., 1899 lxxxi, 224 pp. Original cloth, blind rules to boards, some shelfwear to spine ends and corners. Signatures of Lord Justice Collins and S.O. Henn Collins to front free endpaper, internally clean. Ex-Supreme Court, Royal Courts of Justice Library. Label to foot of spine, small inkstamp to front free endpaper. Scarce.  $250.
* Only edition. “This book consists of an Introduction and Two Parts, with an appendix. Part I. contains the common law of markets and fairs, and shows how it has been modified by statute. In Part II. we have set out and commented on the enactments under which in recent times markets have usually been established. (...) The Appendix consists of the principal Acts whereby the common law has been modified other than those set out in Part II.”: Preface vii-viii Richard Henn, Lord Collins [1824-1911] was a distinguished judge of the High Court, Lord Justice of Appeal, Master of the Rolls and Lord of Appeal in Ordinary. S.O. Henn Collins was his son. OCLC locates 13 copies. Sweet & Maxwell 2:276.

Early English Treatise on

Mining Law with Illustrations and Plates

94. Pettus, Sir John [1613-1690]. Fodinae Regales. Or, The History, Laws and Places of the Chief Mines and Mineral Works in England, Wales, And the English Pale in Ireland. As Also of the Mint and Mony. With a Clavis Explaining Some Difficult Words Relating to Mines, &c. London: Printed by H.L. and R.B. for Thomas Bassett, 1670. [xv], 108, [7] pp. Portrait frontispiece, two plates, two large text illustrations, all copperplate. Folio (7-1/4" x 11-1/2"). Nineteenth century calf, blind rules to boards, lettering piece to spine, endpapers renewed. Some rubbing to extremities with wear to spine ends and corners, a few minor scuffs, front joint starting, hinges cracked but secure. Attractive woodcut head-pieces, tail-pieces and decorated initials. Toning, negligible light foxing in a few places, internally clean. Ex-institution library. Location label to spine, stamps to front free endpaper. An appealing copy.  $2,750.
* First edition. One of the first treatises on the subject, Fodinae Regales was the standard treatise on mining law in seventeenth-century England. It contains a compilation of statutes, abstracts of documents and a great deal of additional information on mining, metallurgy, alchemy and coinage. The plates depict the Darrein (Daren) Hills and Comsumlock (Cwmsymlog) Hill silver mines in Wales, the text illustrations depict the arms of the Society of the Mines Royal and the Society for the Mineral and Battery Works. The Clavis is a glossary of mining and legal terms. Pettus was deputy governor of the royal mines. This title was reissued in 1706; The 1670 edition was reissued as a limited-edition facsimile by the London Institute of Mining and Metallurgy in 1981. OCLC locates 30 copies of the 1670 edition. Sweet & Maxwell 1:467 (4). See illustration below.

First Printing of the Laws of Pittsburgh

95. [Pittsburgh, Pennsylvania]. By-Laws and Ordinances of the City of Pittsburgh, And the Acts of Assembly Relating Thereto; With Notes and references to Judicial Decisions Thereon, And an Appendix, relating to Several Subjects Connected with the Laws and Police of the City Corporation. (Published Under the Authority of the City Councils.) Pittsburgh: Printed and Published by Johnston and Stockton, 1828. viii, [9]-531 pp. Octavo (5-1/2" x 8-1/4"). Recent period-style quarter calf over cloth, endpapers renewed. Light browning, negligible foxing to a few leaves, internally clean. A handsome copy of a rare title.  $1,000.
* Pittsburgh was founded in the mid-eighteenth century, chartered as a borough in 1794 and incorporated as a city in 1816. Digested by topic, this is the first collection of Pittsburgh laws produced after the city’s incorporation. It also appears to be the first collection of any kind devoted to the laws of Pittsburgh. OCLC locates 9 copies. Not listed in the online catalogues of Harvard Law School or the Library of Congress. Not in Cohen. Sabin 63112. See illustration below.

A Digest of Pre-Revolutionary French Law

96. Pocquet de Livonniere, Claude [1652-1726]. [Pocquet de Livonniere, Gabriel (1684-1762)]. Regles du Droit Francois. Nouvelle Edition, Revue, Corrigee, & Considerablement Augmentee. Paris, Chez Despilly/ Chez Saugrain, 1768. xvi, [3], 616 pp. 12mo. (4" x 6-1/2"). Contemporary mottled calf, gilt spine with raised bands and lettering piece, marbled endpapers, rouged edges. A few scuffs to boards, some rubbing to extremities, small chips to foot of spine and fore-edge of front board, front hinge starting, rear hinge cracked but secure. Attractive woodcut head-pieces, tail-pieces and decorated initials. Early owner signatures to heads of half-title and title page. Light browning to some leaves, interior otherwise fresh. An attractive copy.  $250.
* Sixth and final edition. Pocquet de Livonniere produced this book because he was bothered by the complexity and irrationality of French law. Inspired by Justinian’s Institutes and Lancelotti’s Institutiones Juris Canonici, as well as the Enlightenment principles of clarification and classification, it outlines the law and elucidates its governing principles. First published in 1730, this work was completed by the author’s son, Gabriel, who produced all subsequent editions. These were published in 1732, 1737, 1744 and 1768. According to Camus, the final edition is the best one because it is corrected and has more material. Camus, Bibliotheque Choisie des Livres de Droit 1432.

Pound’s Magnum Opus

97. Pound, Roscoe [1870-1964]. Jurisprudence. St. Paul: West Publishing Co., 1959. Five volumes. Original cloth. Tiny stains to front boards of Volumes I and III, internally clean. A near-fine set.  $650.
* First edition. His magnum opus, begun in 1911, is the culmination of a life devoted to the study of the law and its philosophical underpinnings. It is divided into seven parts (and in index). 1. Jurisprudence; 2. The End of Law; 3. The Nature of Law; 4. The Scope and Subject Matter of Law; 5. Sources, Forms, Modes of Growth; 6. Application and Enforcement of Law; 7. Analysis of General Juristic Conceptions. Pound “was a leader of the group which regarded law as social engineering, the means of reconciling men’s interest with the minimum of heat and friction, a view which came to be widely accepted under the name of sociological jurisprudence” (Walker). Some theorists believe that his work may have inspired Franklin Roosevelt’s New Deal program. Walker 973.

Final—and Definitive—Edition of Pound’s Outlines

98. Pound, Roscoe. Outlines of Lectures on Jurisprudence. Fifth Edition. Cambridge: Harvard University Press, 1943. viii, 244 pp. Original cloth, some shelfwear, owner signature to front free endpaper, internally clean. A very good copy.   $125.
* Fifth edition. First published in 1920, this book is a detailed course outline with reading lists and bibliographies. It is also an “appendix to the other works of Professor Pound, and its value may be deduced from the fact that it represents ‘over fifty years’ study and forty-three years’ teaching of Jurisprudence.’...As a work of reference, this book should be in every law library; it is indispensable to all who aim at making their way through the vast field of legal theory.”: J.W. Jones, Law Quarterly Review 61: 414-415 cited in Marke 923.

William Prynne’s Collection of Writs

100. Prynne, William [1600-1669]. The First Part of a Brief Register, Kalendar and Survey of the Several Kinds, Forms of All Parliamentary Writs; Comprising In 3. Sections, All Writs, Forms of Summons to Great Councils, Parliaments, Convocations in the Tower, From the5th of King John (1203) till 23 Edw. 4 (1483) to All Sorts of Spiritual and Temporal Lords, Great-Men (Members of), and the King’s Counsil (Assistants to) The House of Lords: With Other Rare Writs, And 4. Exact Alphabetical, Chronological Tables: 1. Of all Abbots, Priors, Masters of Orders, Clergy-Men (Except Bishops): 2. Of All Dukes, Earls, Forreign Kings, Marquesses, Princes of Wales: 3. Of All Lay-Barons, Lords Viscounts, Great Men: 4. Of All the King’s Counsil (Justices, Clerks, Or Other Officers) With the Several Numbers of Each of Them, And of Bishops, Summoned to Every Council, Parliament, and the Years, Rolls, Dorses in Every King’s Reign, Wherein Their Names are Recorded. Illustrated with Choice, Usefull Annotations, Observations Concerning These Writs. London: Printed for the Author and sold by Edward Thomas and Henry Brome, 1659. [xl], 450, [1] pp. Quarto (5-1/2" x 7-1/2"). Contemporary sheep, blind rules to boards, raised bands to spine. A few small scuffs and inkspots, some rubbing to extremities, chip to head of spine, boards slightly bowed, corners bumped and somewhat worn, pastedowns loose, partial crack between front endleaf and title page, crack near center of text block. Wear to edges of preliminaries and endleaves with no loss to text. Browning to some leaves, faint dampstaining and dampspotting to portions of text.  $750.
* Complete in itself, this is the first part of a four-volume collection issued from 1659 to 1664. The 1659 volume contains material from King John (1203) to King Edward IV (1483). Other volumes contain writs of later monarchs. Prynne was a contentious and erudite Puritan attorney and legal antiquarian who wrote several books and pamphlets about legal history, religion and politics. He had an unrivalled ability to antagonize others. His personality and choice of targets eventually led to his disbarment, imprisonment, and mutilation (loss of ears) by the Star Chamber. After the Restoration Prynne was appointed Royal Archivist in the Tower of London. He compiled the latter volumes of the Brief Register during this period. Sweet & Maxwell 1:136 (87). See illustration below.

Important (and Rare) Legal Encyclopedia and Textbook

101. Putter, Johann Stephan [1725-1807]. Neuer Versuch Einer Juristischen Encyclopadie und Methodologie. Nebst Etlichen Zugaben 1. Von Land- and Stadtgesetzen; 2. Von Scriftstellern, Die Solche Erlautert; 3. Von Bergleichung Besonderer Ordnungen, Insonderheit Furstlicher und Grastlicher Berzichte; 4. Von Brauchbaren Juristischen Buchern; 5. Von des Verfassers Eignen Schriften. Gottingen: Im Verlag der Wittwe Banderhoeck, 1767. xvi, 254, [1] pp. Octavo (4-1/2" x 7-1/2"). Contemporary three-quarter calf over paper boards, gilt ornaments and lettering piece to spine. Negligible rubbing, light soiling and a few tiny stains to boards. Attractive woodcut head-pieces, tail-pieces and decorated initials. Text notably fresh. Ex-library. Small bookplate to front pastedown, stamps to title page. An attractive copy of a rare title.  $2,500.
* Only edition. According to Stintzing-Landsberg, this book has a richness and depth far beyond its modest size. Intended for students, it is a systematic exposition in the manner of an encyclopedia. The contents are arranged hierarchically from the general to the specific. The final section is a detailed bibliography organized by topic. An important title, facsimile editions were issued in 1968 and 1998. KVK locates 4 copies. 3 copies located in the United States (Yale Law School, Harvard Law School, Library of Congress). Stinzing-Landsberg, Geschichte der Deutschen Rechtswissenschaft III: 1, 337. See illustration below.

Taxation During the American Civil War

102. Redfield, Amasa F., Compiler [1837-1902]. A Hand-Book of the U.S. Tax Law, (Approved July 1, 1862,) With All the Amendments, To March 4, 1863: Comprising the Decisions of the Commissioner of Internal Revenue, Together with Copious Notes and Explanations. For the Use of Tax-payers of Every Class, And the Officers of the Revenue of All the States and Territories. Compiled From Official Sources. New York: John S. Voorhies, 1863. [ii], 352 pp. Octavo (4-3/4" x 7-1/4"). Original textured cloth with decorative blind stamping, gilt title to spine. Considerable wear to extremities, chipping to backstrip, portion near head containing most of title lacking, front hinge just starting. Light soiling to endleaves, toning to text, faint dampstaining to lower corners of a few leaves. Early owner stamp (of George J. Watts) to front free endpaper, his signature to following endleaf, interior otherwise clean. A solid copy of a scarce title.  $200.
* Fourth edition. The Civil War provoked the greatest financial crisis ever faced by the United States government. In order to finance its enormous costs the government created the Office of Internal Revenue, the precursor to the IRS, in July 1862. As one would suspect, the new agency introduced a variety of new taxes and tax regulations. Its most radical innovation, however, was the institution of an income tax. According to the preface, this manual was intended “for the public solely as a handbook” (4). An excellent guide to the Federal tax system at this time, it contains chapters on revenue officers, assessments, tax collection, allowance and drawback, the income tax, taxes on articles and stamp duties. Sabin 68497.

First Edition of the First Important

American Treatise on Railway Law

103. Redfield, Isaac F. [1804-1876]. A Practical Treatise Upon the Law of Railways. Boston: Little, Brown and Company, 1858. 8, lxxxviii, 736 pp. Includes eight-page publisher catalogue. Octavo (6" x 9"). Recent period-style quarter calf over cloth, raised bands and lettering piece to spine, endpapers renewed. Toning to text, light foxing to some leaves, interior otherwise fresh. A handsome copy.   $650.
* First edition. Redfield was the first American authority on railway law. Working at a time when the industry was in its infancy, he realized that it opened several new questions relating to corporation law, torts, and constitutional law. These are the main topics addressed in his Practical Treatise Upon the Law of Railways. One of the very first treatises on the subject, it soon became a standard work. Its fifth and final edition appeared in 1873. Cohen 11065.

1916 Study on Air Warfare and International Law

104. Rolland, Louis. Les Pratiques de la Guerre Aerienne Dans Le Conflit de 1914 et le Droit Des Gens. Paris: A. Pedone Editeur, 1916. 122 pp. Stab-stitched pamphlet in printed wrappers, untrimmed edges. Some shelfwear and light soiling, light foxing to a few leaves. Author inscription to front free endpaper, internally clean.  $250.
* Published at a time when the world was beginning to comprehend the nature of aerial warfare, this essay is one of the very first publications to address the relationship between this new form of warfare and the laws of war and international law. It was originally published in the Revue Generale de Droit International Public. KVK locates 4 copies, OCLC locates 8.

Second Edition of Savigny’s Treatise on Possession

105. Savigny, [Friedrich Carl von (1779-1861)]. Das Recht des Besitzes: Eine Civilistische Abhandlung. Giessen: Heyer, 1806. xxxvi, 560 pp. Octavo (5" x 7-1/2"). Contemporary three-quarter sheep over marbled boards, lettering piece and gilt fillets to spine. Rubbing with some wear to extremities, corners bumped. Toning, negligible light foxing in some places, internally clean. Ex-library. Small inkstamp to foot of title page. An appealing copy of a scarce edition.  $1,200.
* Second edition, corrected and enlarged. First published in 1803, Savigny’s treatise on the nature of possession in Roman and civil law went through several editions during the nineteenth century. It was an influential work in Great Britain and the United States; an English translation was published in 1848. Savigny was an important scholar of Roman law and the principal founder of the historical school of jurisprudence, which opposed the doctrines of natural law and the codifiers. Das Recht des Besitzes established his reputation. This edition not in the BMC. See illustration below.

106. [Sohn, Louis B., and Richard Baxter]. Convention on the International Responsibility of States for Injuries to Aliens. Preliminary Draft with Explanatory Notes. Cambridge: Harvard Law School, 1959. Softbound, some shelfwear and soiling. Owner signatures to front cover and title page.  $65.
* OCLC locates 24 copies.

“One of the Notable Early American Law Books”

107. Stearns, Asahel [1774-1839]. A Summary of the Law and Practice of Real Actions with an Appendix of Practical Forms. With Additions. Hallowell: Glazier, Masters & Co. 1831. 5, [vii]-xxxiv, 495 pp. Octavo (5-1/2" x 9"). Contemporary sheep, blind fillets to boards, polished calf lettering piece and blind fillets to spine. Negligible shelfwear, tiny nick to front board, corners lightly bumped. Early owner signatures to front free endpaper and title page. Offsetting to margins of endleaves, interior otherwise fresh. An unusually well-preserved copy.  $500.
* Second, final and best edition. This treatise is based on lectures given by Stearns at Harvard Law School, where he was one of its earliest professors. Pound says this work “proved to be one of the notable early American law books and was welcomed by a bar in need of accurate available information on technical procedure.” OCLC locates 42 copies. Pound, Formative Era 141. Cohen 9502.

108. Story, Joseph [1779-1845]. A Familiar Exposition of the Constitution of the United States: Containing a Brief Commentary on Every Clause, Explaining the True Nature, Reasons, and Objects Thereof; Designed for the Use of School Libraries and General Readers. With an Appendix, Containing Important Public Documents, Illustrative of the Constitution. New York: Harper & Brothers, Publishers, 1896. 372, 12 pp. Includes 12-page publisher catalogue. Octavo (5" x 7-1/4"). Original cloth, light rubbing to extremities, corners bumped. Faint dampstain to title page, light toning. Early owner stamps and signatures to endleaves, interior otherwise clean.   $85.
* Reissue of the first edition, 1840. Intended for advanced students and educated general readers, A Familiar Exposition is a condensed version of his magisterial three-volume work, Commentaries on the Constitution of the United States (1833).

109. Stromseth, Jane, David Wippman, Rosa Brooks. Can Might Make Rights? Building the Rule of Law after Military Interventions. New York: Cambridge University Press, 2006. 424 pp. Cloth. New.  $80.
* Examines why it’s so difficult to create ‘the rule of law’ in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future efforts to establish the rule of law.

Signed by Fourteen U.S. Supreme Court Justices

110. [Supreme Court, United States]. Garraty, John A., and Robert A. McCaughey. The American Nation: A History of the United States. Seventh Edition. [New York]: Harper Collins Publishers, [1991]. xxxi, 941, 43 pp. Hardbound, some shelfwear, signatures of 14 U.S. Supreme Court justices to front endleaf endpaper. Occasional highlighting or underlining to text. A curious item.  $950.
* The American Nation is a college level history textbook. Possibly presented to the justices by a student, this copy has the signatures of Warren Burger, Sandra Day O’Connor, Antonin Scalia, Clarence Thomas, Harry A. Blackmun, Thurgood Marshall, William Brennan, Lewis Powell, Jr., Byron White, John Paul Stevens, Ruth Bader Ginsburg, Anthony Kennedy, Stephen Breyer and Samuel Alito. See illustration below.

111. Styles, Fitzhugh Lee [b.1899]. Negroes and the Law in the Race’s Battle for Liberty, Equality and Justice under the Constitution of the United States. With Causes Celebres. Boston: The Christopher Publishing House, [1937]. xi, [1], 13-320 pp. Portrait frontispiece. Original cloth, gilt titles to front board and spine. Light fading to spine and edges of boards, internally clean.  $60.
* Styles was a distinguished African-American attorney who practiced in Philadelphia.

112. [Thayer, Ezra Ripley]. Harvard Law School Association. Ezra Ripley Thayer: An Estimate of His Work As Dean of the Harvard Law School. A Sketch of His Life and Reprints of Certain of His Writings. Cambridge: The Harvard Law School Association, 1916. ii, 103 pp. Softbound, some edgewear, front cover detached, rear cover starting, internally clean.  $65.
* Thayer [1866-1915] was dean of Harvard Law School from 1910 to 1915.

Sauce For the Goose…

113. [Trial]. [Beardsley Divorce Case]. Report of the Beardsley Divorce Case, Containing the Full and Unabridged Testimony of All the Witnesses, Together with All the Evidence Suppressed by the Daily Papers. New York: Robert M. De Witt, [1860]. 83pp. Original printed wrappers, cover torn without loss. Exterior soiled, edges chipped.  $100.
* The divorce trial, brought forth on the grounds of adultery, took place in Brooklyn, New York in November of 1860. The trial unearthed adultery on the part of both husband and wife.

114. [Trial]. Corcoran, Paul, Defendant. The Closing Argument of W.E. Borah for the Prosecution, in the Great Coeur D’Alene Riot-Murder Trial, Delivered July 27, 1899, Wallace, Idaho. n.p., s.n. [c.1899]. 49 pp. Octavo (6" x 8-1/2"). Stab stitched pamphlet, toned, a few small chips to edges of first and final leaves, internally clean.  $30.
* “The trial of Paul Corcoran for the killing of James Cheyne, which took place at Wallace, Idaho, in July, 1899, grew out of the Coeur d’Alene mining riots of April 29, 1899. Upon the last named date, about one thousand men, a large portion of whom where armed and masked, congregated at Wardner and destroyed the Bunker Hill and Sullivan mine and killed two men, one by the name of Smith and one James Cheyne” (i). Corcoran was convicted of second degree murder. Not in McDade.

Trial of the “Jacobite Jew”

115. [Trial]. Francia, Francis, Defendant. The Tryal of Francis Francia, For High Treason, At the Sessions-House in the Old-Baily; On Tuesday Jan 22. 1716. Perused by the Right Honourable Lord Chief-Baron Bury: And Also by the Council for His Majesty, And for the Prisoner. London: Printed for D. Midwinter, 1717. [iv], 68 pp. Folio (8" x 12-1/2"). Recent period-style quarter calf over cloth, raised bands and lettering piece to spine, endpapers renewed. Occasional light foxing along fore-edges, interior otherwise fresh. An attractively bound copy of a scarce title.  $1,500.
* First edition. Francia, a French-born Jew descended from a distinguished Marrano family, was tried as a conspirator in a plot to return James II (the Old Pretender) to the throne. The prosecution had a strong case but he was acquitted. According to some accounts, he escaped conviction because he was an alien. It is more likely that the prosecution failed to prove that the treasonable letters introduced as evidence were actually written by him. It appears he was, in fact, guilty; Stuart correspondence discovered later supports the conspiracy charge and indicates that was acting as an agent-provocateur for the English court. Besides his reputation as a conspirator and spy, Francia holds the distinction of being the first known Jewish Mason. According to the Encyclopaedia Judaica, which has an illustration depicting the title page of the this report, claims that Francia converted to Christianity are contradicted by aspects of his behaviour during the trial (VII:46). OCLC locates 17 copies. Lipton, “Francis Francia: The Jacobite Jew” in Jewish Historical Society of England, Transactions XI (1928) 190-205. HLC II:1078. See illustration below.

A Decision by James Kent Supporting

Robert Fulton’s Steamboat Monopoly.

116. [Trial]. Livingston, Robert [1746-1813], and Robert Fulton [1765-1815], Defendants. [Kent, James [1763-1847]. Chief Justice New York Supreme Court]. The Opinions of the Judges of the Supreme Court, Delivered in the Court of Errors, in the Cause of Robert Livingston and Robert Fulton, vs. James Van Ingen, and Twenty Others. Albany: Printed by S. Southwick, 1812. 12, 12, 23, [1] pp. Octavo (6" x 9"). Stab-stitched pamphlet with untrimmed edges. Light browning, a few tiny tears to edges, faint dampspotting to title page and a few leaves. Early annotations to margins of a few leaves in fine hand, interior otherwise clean. A well-preserved copy of a scarce item.  $750.
* First edition. In this decision the Supreme Court of New York upheld the thirty-year monopoly on steamboat navigation on the Hudson River granted by the state legislature to Fulton and Livingston. The longest of the three opinions in this unanimous decision was written by Chief Justice James Kent. A scion of New York’s most powerful family of the eighteenth and early nineteenth centuries, Livingston was one of the drafters of the Declaration of Independence. While serving as Minister to France from 1801 to 1804 he negotiated the Louisiana Purchase. It was during his time in France that he met Fulton, with whom he developed the first viable steamboat. Several lawsuits by disgruntled competitors followed. A few years later another steamboat entrepreneur, Thomas Gibbons, defied the law and established a ferry line between New York and New Jersey. This led to the 1824 U.S. Supreme Court ruling Gibbons v. Ogden. Declaring that states cannot regulate interstate commerce, the court struck down Fulton’s monopoly. HLC II:1129. See illustration below.

117. [Trial]. Smith, Mortimer J., Defendant. Important and Interesting Trial of Mortimer J. Smith, On an Indictment for Libel on Miss Emma Williams, For Having Connected Her Name with the Separation of David Groesbeck, (The New York Wall Street Broker,) From His Wife, In the Albany County Court of Sessions, Dec. 16, 1847. The Evidence for the Defence, And the Verdict of the Jury as Given, Is Herein Contained; To Which is Added the Bill of Complaint by Mary W. Groesbeck Against David Groesbeck, For Repeated Acts of Adultery, And the Decree of the Adjudging a Separation and Divorce. Also, The Testimony in the Case Before the Referee Appointed by the Court to Hear and Decide Upon Merits of the Same. New York: [s.n.], 1870. 39 pp. Octavo (5-3/4" x 9"). Stab-stitched pamphlet in printed wrappers. Light soiling and some wear to extremities, internally clean. A well-preserved copy.  $250.
* Only edition. “The evidence taken on...Mortimer J. Smith, the fearless editor of...the Albany Castigator...throws considerable light upon the life of a gentleman who has recently undertaken the tremendous task of improving the morality of Wall Street. (...) The child is father to the man. A quarter of a century ago, the individual whose name figures so prominently in the following pages, gave abundant evidences of that lamentable obliquity of moral vision which has ever prevented him from pursuing the paths of virtue. When yet in his ‘green and salad days,’ with the hot blood of youth running riot through his veins, he neglected his loving wife to frolic on a barn floor with the fair object of an unlawful passion, even going so far as to take indecent liberties with a gushing Emma in the presence of his outraged life. (...) People who live in glass houses should refrain from throwing stones” (1). OCLC locates 12 copies.

Early Account of the Zenger Trial

118. [Trial]. Zenger, John Peter, Defendant. Owen, William, Defendant. The Trial of John Peter Zenger, Of New-York, Printer: Who Was Charged with Having Printed and Published a Libel Against the Government; And Acquitted. With a Narrative of His Case. To Which is Now Added, Being Never Printed Before, The Trial of Mr. William Owen, Bookseller, Near Temple Bar, Who Was Also Charged with the Publication of a Libel Against the Government; Of Which He was Honourably Acquitted by a Jury of Free-Born Englishmen, Citizens of London. London: Printed for J. Almon, 1765. 59, [1] pp. Octavo (5" x 8"). Stab-stitched pamphlet bound in recent period-style quarter calf over cloth, raised bands and lettering piece to spine, endpapers renewed. Occasional light foxing, internally clean. A handsome copy.  $1,250.
* An early printing that includes the famous “narrative” that was probably written by James Alexander, the co-founder and main editorial voice of Zenger’s newspaper, the New-York Weekly Journal. Zenger was tried for seditious libel for publishing satirical comments about the governor of New York in his newspaper. Defended by the brilliant Philadelphia lawyer Andrew Hamilton, his 1735 acquittal is generally regarded as the first major victory for freedom of the press in the American colonies and a precedent for the First Amendment of the U.S. Constitution. This pamphlet also includes an account of the 1752 trial of William Owen, who was acquitted of having published a seditious libel entitled, “The Case of Alexander Murray.” In this case the jury ignored the judge’s charge to consider only the fact of publication and not the nature of the content, and delivered a verdict of not guilty. OCLC locates 39 copies of this edition. McCoy, Freedom of the Press Z8.

Nine Items Relating to the First Jacobine Rebellion

119. [Trials]. [Jacobite Rebellion]. A True Account of the Horrid Conspiracy Against the Life of His Sacred Majesty William III. King of England, Scotland, France and Ireland, &c. Setting Forth by Whom it was to be Carried on; And the Manner of Its Discovery. Published by Authority. [London]: Printed by Edward Jones, 1692. 8, [2] pp.

Graham, Sir Richard [1648-1695], and John Ashton [d.1691], Defendants. The Arraignment, Trials, Conviction and Condemnation of Sir Rich. Grahme, Bart. Viscount Preston in the Kingdom of Scotland, And John Ashton, Gent. For High-Treason Against Their Majesties King William And Queen Mary, In Conspiring the Deposition and Death of Their Majesties, The Alteration of the Present Government, The Invasion of This Kingdom of England by the French King, And Raising a Rebellion Within This Kingdom Against Their Majesties. At the Sessions of Goal-Delivery of Newgate, Holden for the County of Middlesex at Justice-Hall in the Old-Baily, On the 16th, 17th and 19th Days of January, 1690 in the Second Year of Their Majesties Reign. To Which Are Added, Two Letters Taken at Dublin the 4th of July, 1690. From the Late King James to the Pope, Dated Dublin, Novemb. 26, 1689. The Other From the Earl of Melfort, the Said Late King’s Principal Secretary of State, Sent to the Late Queen, Dated at Rome, May 2, 1690. Published by Her Majesties Special Command. London: Printed for Samuel Heyrick and Thomas Cockerill, 1691. [ii], 138, [2] pp.

Charnock, Robert [c.1663-1696], Primary Defendant. The Tryals and Condemnation of Robert Charnock, Edward King, and Thomas Keyes, for the Horrid and Execrable Conspiracy to Assassinate His Sacred Majesty, K. William, in Order to a French Invasion of This Kingdom. Who Upon Full Evidence Were Found Guilty of High-Treason, at the Sessions-House in the Old-Baily, March 11, 1695/6, Together With a True Copy of the Papers Delivered by Them to the Sheriffs of London and Middlesex at the Time of their Execution. London: Printed for Samuel Heyrick and Isaac Cleave, 1696. [ii], 76, [2] pp.

Friend, Sir John [d. 1696], Defendant. The Arraignment, Tryal, And Condemnation of Sir John Friend, Knight. For High Treason, In Endeavouring to Procure Forces From France to Invade This Kingdom, And Conspiring to Levy War in This Realm for Assisting an Abetting the Said Invasion, In Order to the Deposing of His Sacred Majesty King William, And Restoring the Late King. At the Sessions-House in the Old-Bayly, On Monday March 23, 1695/6. And Perused by the Lord Chief Justice Holt, And the King’s Council, Who Were Present at the Tryal. London: Printed for Samuel Heyrick and Isaac Cleve, 1696. [ii], 44 pp.

[Bound with]

A Letter to the Three Absolvers, Mr. Cook, Mr. Collier and Mr. Snett. Being Reflections on the Papers Delivered by Sir John Friend, And Sir William Parkyns, To the Sheriffs of London and Middlesex: At Tyburn, The Place of Execution, April 3, 1696, Which Said Papers Are Printed at Length, And Answered Paragraph by Paragraph. London: Printed for R. Baldwin, 1696. 16, [2] pp.

Rookwood, Ambrose [1664-1696], Defendant. The Arraignment, Tryal, and Condemnation of Ambrose Rookwood, For the Horrid and Execrable Conspiracy to Assassinate His Sacred Majesty King William, In Order to a French Invasion of This Kingdom. Who Upon Full Evidence Was Found Guilty of High Treason Before His Majesty’s Justices of Oyer and Terminer, At Westminster, On Tuesday the 21st. of April, 1696, and Received Sentence the Day Following. And Was Executed at Tyburn on the 29th Day of the Said Month. In Which the Tryal is Contained All the Learned Arguments of the King’s Council, And Likewise the Council for the Prisoner, Upon the New Act of Parliament for Regulating Tryals in Cases of Treason. London: Printed for Samuel Heyrick and Isaac Cleve, 1696. [ii], 75, [3] pp.

Cranburne, Charles [d. 1696], and Robert Lowick [d. 1696], Defendants. The Arraignments, Tryals and Condemnations of Charles Cranburne, And Robert Lowick, For the Horrid and Execrable Conspiracy to Assassinate His Sacred Majesty King William, In Order to a French Invasion of This Kingdom. Who Upon Full Evidence Were Found Guilty of High-Treason, Before His Majesty’s Justices of Oyer and Terminer at Westminster, And Received Sentence the 22d. of April, 1696. And Were Executed at Tyburn the 29th. of the Said Month. In Which Tryals are Contained All the Learned Arguments of the King’s Councel, And Likewise the Councel for the Prisoners, Upon the New Act of Parliament for Regulating Tryals in Cases of Treason. London: Printed for Samuel Heyrick and Isaac Cleve, 1696. [ii], 32, [2] pp.

Cooke, Peter, Defendant [d. 1696]. The Arraignment, Tryal, and Condemnation of Peter Cooke, Gent. For High-Treason, In Endeavouring to Procure Forces from France to Invade this Kingdom, And Conspiring to Levy War in This Realm for Assisting and Abetting the Said Invasion, In Order to the Deposing of His Sacred Majesty, King William, And Restoring the Late King. Who Upon Full Evidence Ws Found Guilty at the sessions-House in the Old Baily, On Wednesday the 13th of May, 1696. And Received Sentence the Same Day. With the Learned Arguments Both of the King’s and Prisoner’s Council Upon the New Act of Parliament for Regulating Tryals in Cases of Treason. Perused by the Lord Chief Justice Treby, And the Council Present at the Tryal. London: Printed for Benjamin Tooke, 1696. [ii], 71 pp.

Knightley, Alexander, Defendant [d. 1696]. The Arraignment, Confession, and Condemnation of Alexander Knightley; For the Horrid and Execreble Conspiracy to Assassinate His Sacred Majesty, K. William in Order to a French Invasion of This Kingdom: At the King’s Bar, Westminster, On the 30th of April and 25th of May. London: Printed for Samuel Heyrick, 1696. [ii], 8 pp.

Folio (8-1/2" x 13-1/2"). Recent period-style quarter calf over cloth, raised bands and lettering piece to spine, endpapers renewed. Faint dampstaining to margins in a few places, creases, finger smudges and some minor tears to some leaves, interior otherwise fresh. A unique collection.  $1,500.
* First (or only) editions. These items record the fate of Charnock and the other leading members of the first Jacobite Rebellion, which aimed to restore the exiled James II to the English throne after the Glorious Revolution of 1688. A True Account is a history of the rebellion. Wing, Short-Title Catalogue of Books Printed in England, Scotland, Ireland, Wales and British America T2373, A3768, T2244, A3759, L1751, A3755, A3757, A3748A. See illustration below.

Reorganization of the Courts in Occupied Germany