The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-07-29
A SPECIMEN OF COUNTY COURT
Pf.EhDiGN

A SPECIMEN OF COUNTY COURT
Pi.EADtGN
| We became possessed Of the following manu-
script by accident. and are perfectly unacquaint-
cd with the history and parties of the cause.
The question which it presents is OF very inter
/ estng Importance, and affords subject Of scr-
Gus legal contemplation. Circumstances induce
us to believe that this speech was delivered hv
some youag gentleman upon his first appearance
at the bar in one OF the adjacent counties The
case we expect. have excited great deal of
| local agitation, from the following speech, which
we Can but consider as a happy omen OF the
! Speakers future elevation The history of the
case is too fully denea;cd to require any preli-
minary proszsis.-.Iir. Argus.
TrIs cause simply depends upon the establish
ment of two points Was there a contracti And
1t SO, was that contract usurious
For the pr@of OF these points, shall rely al
together upon the answer itself
The answer states in the first place, that the
plaintiff in equity requested the defendant to
" restore his custom to his old neighnor." Ills
! was refused
The plaintiff again comes to the defendant, as
stated IN thc answer, and tells him, that if hc
would put down his shop, he would 90 his work
SO low, that 1t Should be nanifestly to the advan-
tsge of the defendant. This it appears was also
refused; but in 50 feeble, mild, and concluding
manner, that L did not deter the plaintiff from
Accordingly the plaintiff third time gees 20
the defendant, and after urging what lie had be-
tore advanced upon the subject, went on 10 state,
that lie WIS DESTROYS to pay 10 mercantile firm,
the sum of $500 and, that the defendant would
put down his shop, and lei him that sum, he
would - his work for nothing. This the deien-
dsnt again refuses; because, he tells the plain
It'll, which is part of his answer. if he was 70
accede to his proposition, his conduct might be
mlsrepre sentcd by the pltntiH, or others. Now
what Inference are W. to draw from this avowcd
cause OF refusal What meaning does this Ian
| guage speak If the contract proposed had
been really such as the defendant states tito have
been II the plaintiff had engaged to- do the de-
itnotlit S work Tor nothing, provided the defen-
d"nt would not rival him in his trade or, il, as
stated IN some part of the answer, this had been
q fair purchase oiabour--what anticipation could
| the defendant have had, that his conduct was Ii
| able TO cerSGre Here, sir. the cloven foot be-
gins To appear: The defendant afraid to trust
the plaintiff lie afraid that he would DO what
ne actually has done seek relief from eXturtion
and oppression, under the statute of usury--
Thence, SIR, the caution with which the defendant
closed this contract; and thence the attempt
which he has made IN hia answer, to Withdraw
the attention from the atrocous circumstances of
this business, s. fxt upon those that have no real
:e';tii;: 81 i mad thought that tine Oil iOX WAS
too much accustomed to the windings and dou-
bImSs OF pecuniary speculation, to have made
SUCH IN unWslN COllieSSiOii-Dut according to the
proYcrb, no man is always wise. f .4--
*! .cfi. goes 10 stirie, thai the piaintiii
endcaYored to obViate the objection Of the defen-
dante lively sensibiity with respect to his repu-
tstion that's, TO doubt, he promised the defen-
dant not to plead the statute of us,ry this is the
only construction OF which this part of the an
swer is susceptible Bat the defendant il seems
still rejected his proposition Prudence and a.
valce had not yet decided the combat at length
avaricc prevailed for, says the defendant, being
solicited again and again, &c he the defendant -
20 use the identical words in the answer. =" did at
length CONSENT. Now what al nc consent To =
He consented to lend the plaintiff $500 for the
OF which, he was to do his back5mith's work
Tor nothing Here then, the contract is aclnow-
lodged, in explicit terms.
But the defendant has endeavored to nvol,,.
ths plsn agree mt in much confusion and intr-
cacy, by connecting with itevents and transactions
between the plaintiff and himself that have not
The slightest connection with the usurious terms
imposed by tins modern Shylock upon Il poor me
chanc.
He tells us that the loan of $500 was grat,litous,
and that the plaintiff 10 do his work as a CON
sideration for his putting down his shop
The terms OF this loan appear to have been va
rousiy understood. The defendant sats he was
to receive no interest for 1T the answer of ano-
Their party states, that the tL.iendar was to re-
ccifc legal interest and the plaintiff ayers that
he was to give four or five times as much as LEGAL
interest. Here are three opinions conflicting
with each Others which are we to believe Fci,
M o' part, do suppose that the third party
states the contract as he heard oft but he knew.
nothing about H. III reality. There was a secret
article to this triple alliance, With which only two
OF tie contracting parties were acquainted I
shall therefore leave this answer out of the dis
pute i has come to.'Iiis then, that The solemn
oath Of the plaintiff and the defendant, are in d.
rect opposition This is am awkward situation Tor
bo.h parties Which are VIC TO believe We
have no positive proof; we have only circumstsn.
ces and probabilities to these then must we re-
sort and upon these must we rely; for It is a
Iule ct law. as well of rea son that v.lcg VIC
have not the best possible evidence, we must re
sort 20 that which is next bcst-See Blackstone
,, S6B
Now what are The probabilities upon dis occas;
or? Which Is the most probable circumstance that
the defendant should lend money without interest
or, that he should exact more thar legal interest
Sir, this is no time 70 be exercising f,stidious
torbearance towards the feelings Of Etieantq
The competency or bcggary Of an honest man
arc involved ~ this cause What then 1 repeat
are the probabilities upon This occason3 I do
not THINK though may be mistaken, that there
IS naan III this court, even in this county nav
10 the wide circle ofthc defendants acquaintance.
who VIII lay his hand upon his heart :.nd declare
tiet be conscientiously believes before bis God
that DC has adhered to the truth in his answer.
II it was customary 60 call in auxiliary swearers
If compurgators were now in fashion, ! do moi
believe with AL his wealth, he could obtain q
gsf1r fonts 1.