Oliver Wendell Holmes

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... more...

GRANDMOTHER'S STORY OF BUNKER-HILL BATTLE AS SHE SAW IT FROM THE BELFRY 'T is like stirring living embers when, at eighty, one remembersAll the achings and the quakings of "the times that tried men's souls";When I talk of Whig and Tory, when I tell the Rebel story,To you the words are ashes, but to me they're burning coals. I had heard the muskets' rattle of the April... more...

'T is like stirring living embers when, at eighty, one remembersAll the achings and the quakings of "the times that tried men's souls;"When I talk of Whig and Tory, when I tell the Rebel story,To you the words are ashes, but to me they're burning coals. I had heard the muskets' rattle of the April running battle;Lord Percy's hunted soldiers, I can see their red coats... 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... more...

AT MY FIRESIDE ALONE, beneath the darkened sky,With saddened heart and unstrung lyre,I heap the spoils of years gone by,And leave them with a long-drawn sigh,Like drift-wood brands that glimmering lie,Before the ashes hide the fire. Let not these slow declining daysThe rosy light of dawn outlast;Still round my lonely hearth it plays,And gilds the east with borrowed rays,While memory's mirrored... more...

PREFACE. In this, the third series of Breakfast-Table conversations, a slight dramatic background shows off a few talkers and writers, aided by certain silent supernumeraries. The machinery is much like that of the two preceding series. Some of the characters must seem like old acquaintances to those who have read the former papers. As I read these over for the first time for a number of years, I... more...

PREFACE. The character of the opposition which some of these papers have met with suggests the inference that they contain really important, but unwelcome truths. Negatives multiplied into each other change their sign and become positives. Hostile criticisms meeting together are often equivalent to praise, and the square of fault-finding turns out to be the same thing as eulogy. But a writer has rarely... 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... more...

The reader of to-day will not forget, I trust, that it is nearly a quarter of a century since these papers were written. Statements which were true then are not necessarily true now. Thus, the speed of the trotting horse has been so much developed that the record of the year when the fastest time to that date was given must be very considerably altered, as may be seen by referring to a note on page 49... more...

INTRODUCTION This series of papers was begun in March, 1888. A single number was printed, when it was interrupted the course of events, and not resumed until nearly years later, in January, 1890. The plan of the series was not formed in my mind when I wrote the number. In returning to my task I found that my original plan had shaped itself in the underground laboratory of my thought so that some... more...