Cases - Commonwealth V. Marzynski

(21 New England Reports, 228 [Massachusetts, 1893])

[On a complaint for keeping open a tobacconist's shop on Sunday, contrary to the law of Massachusetts, it was held that the court will take judicial notice that tobacco and cigars are not drugs and medicines, and will exclude the testimony of a witness who offers evidence that they are.]

Against the statutes of the Old Bay State

Marzynski on a Sunday stood behind

His counter, well content his gain to find

In pipes not pills, cigars not carbonate.

From breakfast till 'twas dusk at half-past eight

Tobacco cheered this hardened sinner's mind,

The price of it his pockets, disinclined

To add their dime to the collection plate.

The State Attorney claimed the penalty;

"Cigars are no cigars," said the defence,

"But drugs, and we have witnesses to prove it."

"Cigars to be cigars judicially

We notice, and reject the evidence."

So said the Court, and spat, and nought could move it.