Northern star, and Warren and Bristol gazette. [volume] (Warren [R.I.]) 1826-1830, 1826-06-10

tol could avoid little partialify TO- ]
ward4 IL; not that they would willing |
" do wrong, but that their fseliaSS
would not permit them to be strictly
impartial. II would be mere loss Of
time, waste Of labour to try the case
with. that Jury for what did the law
say respecting Il; that it be as no tri-
al at all, but perfectly null and void.
At the last term Of the Court, Judge
Howland had, with an openness and a
fairness which did him honour. sta
ted the relation in which he stood to-
wards that Fuod. and Withdrawn from
the Bench. Was not that fund in the
same situation now that it was then ?
Could Judge Rowland convert that pro-
perty to his own use ! Did he do
that he would be despoiier' instead
of guardian, the very last epithct that
should be applied to that gentleman.
Were Judge Howland, in a court Of
equity. called to state, upon his oath.
to whom that property belonged, he
would unquestionatly say TO the town
Of Bristol. He did pray their honours,
inasmuch as IL would be a mere waste
oftime--a trial oil their patience for
nought-as there was another tribunal
to which they could appeal for redress
las il was contrary to law, ard repug-
nant to Justice. he did pray that the
court would consider well before they
permitted the case to 60 to tsat jury.
lie should leave the stbject with his
colleague, and lie trusted they should
be able to convince the Court Of the
improperly Of the measure.
Mr.. Ru!loek. replied to Mr. Hunter.
The gentleman had set up new doc.
trine. The town of. Bristol were not
interested one farthing in the suit now
pending il was true they had been,
hut they had now disposed Of their in-
terest there. II was a common, nay,
necessary, in this county, TO dispose
of this kind Of property, in order to
get trial Some Of their bonours un-
doubtedly remembered the case OF
John r. Croade and the Taunton Bank
Mr.. Hodges, the Cashier Of that bank
disposed Of his stock for the avowed
purpose Of testiiyiog in that case, and
the col.acil made no objection TO the
proceeding because they knew it to be
correct. The gentieman's argument
was too bsoad-according to that doc
trine, .iftIe county had occasion to in
stitute suit. there wonld be no jury
competent to try it-ifthe state had an
action, they must call in a jury from
another state Let us 60 further, il
the United States should be involved
in a lawsuit. there would be no court,
no jury in America to redress her
wrongs. He would not believe that
the citizens Of Bristol, even if they
| were concerned to the amount Of ten
cents, would let that sum sway them,
from their solemn oaths as jurors. He
trusted the court would permit the cit
izeos Of Bristol to remain in the jory
box. ftf sv"f a4',
Mr.. Robbins was about to follow Mr..
Bullock, when -
| Mr.. Sear!c, in behalf Of the Plain
tiff's counsel, said they would not push
this point. although they were convin-
ced that the positions they had taken
were tenable. They wished to give
the gentlemen such trial, that they
should have no cause Of complaint al
ter being beaten.
The parties now stated to the Court
that settlement would probably take
place. The case was therefore pass
ed.
| Simon Smith VS.. Russell Brown.
This was an action of ejectment,
brought by Simon Smith, to get poss-
ession ofa.certain house and farm, sold
on execution and purchased by the
Plaintiff. Russell Brown, the tebau,
in possession, pretended to hold the
property by virtue Of a mortgage
which the Plaintiffs counsel contendec
was fraudulantly obtained. "s 81,
! Mr.. Bullock, for the Defendant, ask
ed continuance. His client was mo-
present and it was impossible for hin
to 60 to trial. His client was bowed
down with bodily inhrrnities and deranl
ed in mind. His case had been il
court long time-this was the frs
time ne bad asked the favour Of a con-
liuuance-the other side had protracte'
the suit when he was ready, even anx
e ious to 60 to trial. What bad the me-
. :,ho were so anxious to turn this Oh
man, neck and heels from bis little dor