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Recent rare book acquisitions, Winter 2008-2009

Here are a few of the highlights from our acquisitions in the past three months.

For our growing collection of illustrated law books:


We have acquired several law-related children’s books to join the Juvenile Jurisprudence Collection donated by Professor Morris L. Cohen, including:


The American Trials Collection grew by 28 titles, including:


Additions to our William Blackstone Collection included:


And a few odds & ends:

 

MIKE WIDENER
Rare Book Librarian

2008 gifts: a Blackstone with a back-story

Our books often have interesting stories behind them. One example is the fine set of Blackstone's Commentaries (4 vols.; London, 1830) recently donated  by Mr. Mordecai K. Rosenfeld (Yale Law Class of 1954).

Mr. Rosenfeld is known for the witty and insightful essays he wrote for the New York Law Journal beginning in 1979. The story of our Blackstone begins when a collection of his essays was published in 1988 by the University of Georgia Press, under the title The Lament of the Single Practitioner: Essays on the Law. Here's how Mr. Rosenfeld told the story in a 1990 essay, "Time to Answer":

"The book ... received, I am happy to say, much praise, but I shall recount only one instance, the praise that it received in an essay written for the Times (of London) Literary Supplement by a Mr. Eric Korn... I was so touched that my book would be mentioned in the TLS ... that I wrote a note to thank the author. The note was written, of course, on my office stationery, and that, as we shall see, was my undoing.
     "A few days later I received a response from London. Mr. Korn wrote to me and asked if, perchance, I knew of a lawyer in New York who might help him with a legal problem. Not being able to say that I knew no one, I wrote back offering to undertake the task myself, whatever it was. The only condition I imposed was that I would not, under any circumstances, accept a fee.
     "My offer was promptly accepted. Mr. Korn, it seemed was not only an essayist but also an antiquarian book dealer. His book store ... had participated in an Antiquarian Book Fair in New York and had sold a fine rare book to an apparently prosperous lady for $1,350. The apparently prosperous lady paid with two checks ... on both of which she stopped payment as soon as Mr. Korn had left New York to return home. In accepting the case, I assumed that if I wrote a lawyer letter, payment would be prompt..."

However, collecting the payment turned out to be not so simple for Mr. Rosenfeld. He was obliged to sue in small-claims court, where he had never litigated. In "Time to Answer", he recounts his embarrassment as he made several false starts. When he was finally ready to collect a default judgment, he had to ask the bank's attorney, again, for guidance:

"He couldn't believe that I didn't know what had to be done, and inquired again if I was really a lawyer. When I assured him that I was, he asked which law school I had graduated from, but I was ashamed to tell him because my particular law school, Yale, takes inordinate (but undeserved) pride in the intellectual abilities of its graduates, and so I told him that, frankly, I couldn't remember. Said Mr. Mancuso, 'Mr. Rosenfeld, I'm not surprised.'"

The full story of Mr. Rosenfeld's initiation into small-claims litigation is in "Time to Answer," published in A Backhanded View of the Law: Irreverent Essays on Justice (Woodbridge, CT: Ox Bow Press, 1992). But the essay does not mention that Mr. Korn, in lieu of a fee, sent Mr. Rosenfeld the London 1830 edition of Blackstone's Commentaries as a token of his gratitude. This is the set that Mr. Rosenfeld donated to the Lillian Goldman Law Library in October 2008. A few weeks later, I had the pleasure of meeting Mr. Korn at the Boston Antiquarian Book Fair. He retains a high opinion of Mr. Rosenfeld's legal abilities.

The 1830 Commentaries is a lovely set, still in its original boards and with the pages untrimmed. Our thanks to Mordecai Rosenfeld for this very welcome addition to our William Blackstone Collection, the world's most comprehensive collection of Blackstone.

And for your reading pleasure, I highy recommend Mr. Rosenfeld's essays in Lament of the Single Practitioner and Backhanded View of the Law, described by Eric Korn as "beautifully adept jabs at legal idiocies."

MIKE WIDENER
Rare Book Librarian

Rare Book Acquisitions, Spring 2008

Spring 2008 has been a busy season for acquisitions in the Yale Law Library's Rare Book Collection.

The American trials collection grew by thirty titles in Spring 2008. These included The Fall River Tragedy: A History Of The Borden Murders (1893); a bizarre recreation of the Lindbergh kidnapping (Criminal File Exposed!, 1933): the Amistad trial (New England Anti-Slavery Almanac, 1841; see image ar right); the adultery trial of the Rev. Joy Fairchild (Boston, 1845); censorship of abolition literature (Remarks on the Decision of the Appeal Court of South-Carolina, in the Case of Wells, 1835), sidewalk preaching in New York City (Account of the Trial of John Edwards, 1822); Rev. Henry Ward Beecher's adultery trial (True History of the Brooklyn Scandal, 1878), and murder trials aplenty (The Most Foul and Unparalleled Murder in the Annals of Crime: Life and Confession of Reuben A. Dunbar, 1851; Account of the Short Life and Ignominious Death of Stephen Merrill Clark, 1821; Trial of Henry G. Green, for the Murder of His Wife, 1845; Trial of Rev. Mr. Avery, 1833; Report of the Trial of William Henry Theodore Durrant, 1899).

Seven titles were added to the William Blackstone Collection. The most notable is an apparently unrecorded variant of Eller 180, Commentaire sur le code criminel d'Angleterre (2 vols., 1776), still in its original paper wrappers. Two somewhat ephemeral items testify to Blackstone's role in debates through the years. Our Legal Heritage (2001), by Judge Roy Moore, the Chief Justice of Alabama who lost his judgeship for refusing to remove the Ten Commandments from his courtroom, contains a lengthy excerpt from Blackstone with commentary by Judge Moore. An 8-page pamphlet by the English mystic John Ward is titled This penny book proves clearly that the bishops and clergy are religious imposters, who falsely pretend to an extraordinary commissio[n] from Heaven, and terrify and abuse the Peop[le] with false denunciations of judgment, and as suc[h] by the present laws of England, according [to] Blackstone's Commentaries, vol. IV, p. 62, a[re] liable to fine. imprisonment, and infamo[us] corporeal punishment. This pamphlet also contains a true song, of 18 verses, against priestcraft and oppression to be sung to the tune of the Vicar and Moses (Birmingham, 1832).

Another 18 volumes of Italian statutes and related treatises were acquired, including statutes of Vicenza (1675), Trento (1640), and Milan (1800), as well as ordinances for the notaries' guild of Cremona (1597), the Bergamo marketplace (1701), the legal profession in Bergamo (1795), and the pawnbrokers of Vicenza (1676). The 1718 edition of the agricultural statutes of Rome, Gli statuti dell' agricoltura, includes illustrations of the life cycle of locusts.

In all, thirty of the titles acquired in Spring 2008 sported illustrations. San Antonio tax attorney Farley P. Katz donated two long-sought French codes filled with colorful and humorous images by the illustrator Joseph Hémard: the deluxe edition of Code général des impôts directs et taxes assimilées (1944; see image at right), and Code civil: Livre premier, Des personnes (1925). Katz recently published a study of Hemard's tax code that reproduces several of the illustrations: "The Art of Taxation: Joseph Hémard's Illustrated Tax Code," 60 Tax Lawyer 163 (2006). We acquired two more illustrated French codes perhaps inspired by Hémard: the Code Napoléon rendered into verse with 60 risqué woodcuts by Pierre Noël (1932-33), and the Code Pénal (1950) with illustrations by Jean Dratz (1950). The Coutumes generales d'Artois (1756) has eight large woodcuts depicting the judicial process. Joost de Damhoudere's Practycke in criminele saecken (1642) has dozens of woodcuts depicting crimes and criminal procedure.

I highlighted gifts from Mrs. Beverly M. Manne and Mr. Harold I. Boucher in previous posts, and I am happy to repeat my thanks again.

MIKE WIDENER
Rare Book Librarian

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