The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-07-09
MILLER, VS.. TOIPRIJrS.

rms was an action of t'OUer and Congersi0h
brought to recoverable value Of certain goose,
OF which the plaintiff alleged that he was the
| owner, and which the aforesaid defendant SUI
rePtttouSty, tortiouslg, taneighJofIy, and without
the fear ot--Squre Cunningham before his ewes
had taken, carried away, and to bis own use con-
verted, out othis. the said plaintiffs flock. We
rave not particularly examined the declaration in
'le case y DO not pretend to youch for literal ac-
Curacy OF phraseofpgy- Damages claimed U.s.
Inc piaintIH identlhed- his sooses By good pow
er OF witnesses, aud showed particularly that IT
had stst between the outside and middle toe Of
the T3ght foot. Defendant proved the same
mark TO DC on his geese also and then, rnoreo-
Ver' and that was enough, that he had sic geese,
sometime ago-that he had but SIR geese nod
.hat ne ought TO have six geese, and sat or no slit
ne would have scr gseSe.--The goose was finally
produced on the spot, ushered into the presence
OF the Court from the mouth OF huge gray bag.
it was aWell-inanHered goose. She rolled up her
sweet pewter eyes like duck in thunder, !"
II rtfuliy on all around, and the Court
10. re, and the plaintiffs lawyer, looked
wicked at the defendants lawyer, as much as
70 say, What think you of that now - De-
fendants attorney, however, was too old war
r'our to be taken by surprise, or give up the field
upon mere demonstration. With the ready re-
course OF veteran, he challenged his opponent
at once, TO allow him to bring his clients gander
and the plaintiffs gander into Court, and rest
the whole cause, aud the whole right and title
10 the aforesaid goose, upon the choice Ne should
make from, and among the two said ganders, for
her peramour for every goose, concluded the
learned counsel, has her partner and her tioc6.
:" There swims no goose so grey but soon or late.
She finds some silly ganaer for her mate"
The plaintiffs counsel wisely declined the
challenge. Ii was this said libertne gander of
the defendant, he continued, that had seduced
the plaintiffs goose from her true lord" the
plaintiffs gander, at first, (uness she. had been
forcibly taken away as the declaration alleged
and besides, it was well known that geese, when
deprayed, like the Indians by civilization, would
wander IRON their proper mates, on the 18th Of
OF February every year and about this time it
was be said, that the witnesses proved the plain
tiH's goose to have been missing. In the pure
state Of nature, though,
re the base laws Of servude began,
When wild i'll wo - the noble savage ram
this corruption of manners was not known a.
mong the feath6red race--poygamy and incon-
thence were not even heard of-every goose
had her gander and had him for life, and the
Y learned counsel knew it. Were that the con-
| ditIon OF the goose in question, he would have
no objection to rely upon the test proposed.
This thunderbolt of natural history, completely
staggered the learned counsel opposite He
made : desperate rally" however and 8 came
in this time" but evidently Il" sufferer" His
Honour the Judge equally posed, reserved, as
by the statue he has the right, four days for is
opinion. The judgement of the Court will be
noticed when given. Whoever "gets the cause,''
we cannot but be reminded of story told US in
childhood -
" A fiddler crossings stream, his fiddle slipped
out Of its case and was lost ia the water. La
menting his loss when he came upon the shore,
bystander remarked, no, you have not lost
ycur fiddle, don't YOU see, there's your case IN
godT Lands @, besnre, replied Monsieur CrolC-
der, I've got Bly ccse, but I've lost my fiddle
Ten dollars probably in counsel fees-Gve in
costs, and the goose worth BY plaintiffs oWnde
mand seUen Shiuings.
EHigTGRts. Seven hundred and thirty seven
Emigrants have, lately, arrived at ST. John,
from Irelant. "A part of them, il j. SAID intend
settling ia the u. States.