The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1825-09-05

the suffers, than defects in the science OF
jurisprudence. We bear of strange cases,
cbfious judgments. aud dried sefdicts, al
dcmnfrers. reioinders. rcbuiters, sur-rebnt-
ters, aud IN England, OF wager of battle
where a man gets clear upon appel OF
m rider. by offering 10 fight until the prose.
sntor ar the prisoner cry OUT, "rasen" ar
"crayen" or SHINE other such rrcreant
word but we do not rrccoilect III the an
nals Of our ofn history, either OF law or
politics, Of any instance before, where The
fltt of i Presidential election WIS ever de-
uied five months after the incumbent was
In oflife. Bat these are queer times we
have fallen On, where snch farce should
be I,la yed, with the whole cfamatis persona;
IN the Metropolis 50, however II is that on
Wednesday, an artinn was brought before
Justice Hewitt, by Mr.. T%~"#sa, a gentle
man attached to the Department Of State
for twenty iva dollars, against DsH"', a
geallenan IN ittnere, sometimes IN New
York aud anon in Washington, being one Of
the ad luncts, either tn the store or "J0ur-
nal of 4" MIR. Peter Force Esq" which
latter, meaning the paper has IN the qnids
aud quiddltIes' OF one said Peter JOcoseIy
assumed the cogHomen of' National :" the
said sum Of twenty five dollars being 80
much won Of hr. D., upon bet made by
him that John Quincy Adams would not
be President OF the u. States.
The cause came on tn be heard, aud the
plaintiff having, rs fallstaf says, no "peri-
wig pated lawyer to help him in or ont Of
the glorious uncertainties of the law, was
somewhat slarmed when the defendant,
standing upon the qIirks aud panctlios OF
science, called for proof Of the actlon, ac
cordiug 10 the form IN such case made
and provided, but the plaintiff, being one of
those sort Of ulen who deal mere IN cer-
families than memory, regalned his compo-
sure, and to the annoyance and uncOniorl-
able surprise of M. ID. pulled forth Ger
tain paper, on which was written IN the
proper hand aud signature of said GER
tain words in the English language, stating
aud declaring that said ID. then aud there,
did bet that John Quincy Adami would not
be President of the U. States.
The agreement havlng been proved and
as it Wis supposed, the fact of election ad-
United, the Justice WAS about 10 enter ludg
ment for the plaintiff S25 debt, aud So cts.
cost, when the defendant very learnedly
ard detensiveIy and srIf satisfactorily pull
ed nut from, we suppose, the nest of his
" National Journal materials, II certain pa
per, IN which the proceedings III Congress-
on the eIectiun hid been reported, aud IN
which it was said that the votes OF the e.
lcctors. IN the electoral colleges, not having
created President, it was announced hy
the Speaker of the House Of Representa-
tives that Z" ther. had been no election of
President !" aud upon this document, the
defendant relied for his defence contend
Ing most vehrmenlly, thtt the words Of the
Speaker declared the fact that there had
beer no election and, there having been no
election, ergo, M one was President aud
bearing himself ont by this reasoning, by
Shakespear, in Hamlet, where II admitted
that man dro"n himself willingly, it ar
CUES an act, aud hath three branches
"Give me leave, here lies the water -
good: here strnds the man good: If the
man 70 To this water and drown himstl If, if
it is Will he goes; mark you that but If
the water come to him, and drownhim
he browns not himsclf: ergo, he is not
guilty OF his own death"
The worthy Magistrate, whose ears and
eyes were all expectation, To hear most
grave and potent argument, upon a most
grave and reverend subject, when he mad
heard this defence, no doubt turned his at
tention after entering judgment for plaintiff,
to the consideration OF another question,
which, we may presume, was, whether the
the Defendant himself world not, ur ought
not, TO be called upon to answer a com
mission lunatico :" but whether any was
necessary or not, the case saith not.