The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1839-05-16

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cOuntenanees. and III, up deprecsting
hands and eyes 10 Heaven. when they
heard their grown up sons talk Of going
10 E's store: daughters hung their heads.
and almost hid their faces in their long
cared calico bonnels, 10 conceal lheir cor
row and bruises. - they entered lhe
Westinghouse on Sunday after one Of
their fathers eonVisial Saturdays: and
wives dropped in silent. unutiersble woe,
under the brutality which was now re-
quitting the surrender Of their young
hearts. and constant devotion Of Ill their
womsnly energies. Yet unaeeounssbly.
they did not view r E. IS the
author Of their griefs. IL had always
been the custom, that every man who
could find his account in selling spirits.
should do so if hO pleased. He never
had been regarded IS . mischisEous
iemr;er; nor had any Of the misery he
caused been laid al his door. Besides, E.
personally. Was so plessing-he battered
the danes and fiirted with the lasses so
winningly--he was 80 demure and moral
when il was bis cue. and so handsome al
all iimes--thai he was no less a favorile
with the women, than With the tipping
men.
Among his female friends, was wi
dow woman, who became DESTROYS 10
turn her little farm and farming stock in
TO money, which she thought would yield
her more certain and easy support. So
Infatuated was she with The manners and
osIensible character Of = E..
that she suffered him 10 be the purchaser.
al the price of 1900 dollars, upon his
own. unsecured bond, for paying her an
annuity during life. Il never occurred
that this fourishing merchant and charm
| ing young man could possibly be insol-
vent; nor (what proved more materially
that he was not Of an age 10 bind himself
by a contract.
For one or two years. the annuity was
duly paid; but for the third and fourth.
| il was unpaid; aud all other means hsv-
ing failed. the bond was placed in my
hands. ITO be collected by suit" The
sui, began, and proceeded to stage, at
which. il no defence were made, a judg.
mcnt by default would be confirmed
against the defendant. Just at that stage,
he, by counsel. entered bis appearance
and pleaded infancy; !. e. that when he
made The bond, he was not twenty'one
years Of age. The case was laid over
fcontinued) ill the ensuing term, at his
instance. the loose practice then preva.
lent. not requiring him 10 make affidavit
tina, his defence was just-else, in all
probability, he would have so sworn.
Al the next term Of the court, when
the cause was called, both parties an
| nounced themselves ready for trial. My
client had for her agent kind neighbor,
who saw 10 the summoning Of her wit
nesses, and served as a link Of commu-
nica.ion between her and me. Her ad'
versary was present in person, promps.
| ing his counsel, and holding earnest con-
versa,ions with his only wi,ness--his Ia
iher--who stood near, with apursy book
like a Bible, under his arm. AZ we
could neither silege that the obligation
had been given for accessories. nor that
the defendant had confirmed il by any
promise made since he came OF age,
there was no alternative bu, to diru'e the
fact of infancy. The grea. question to
be tried therefore. was whether he was
under age or not, when tho bond was
made! In opening the case. | stated 10
the Jury the nature Of the transaction;
exhibited the bond; told them what ques-
ton they were to decide, and tina. The
burthen Of proof was on the defendant,
to show his infancy; touched briefly up
on the general dishonesty Of that defence;
adiured them because Of that dishonesty,
and because this money was literally the
| all of my poor widowed client. TO be sa.
l,isfied with none but the most clear and
convincing evidence of what her debtor
alleged; end then reci,ed the circumsian-
Ices on which relied. to repel his allie.
CATION. These were merely. that he had
transacted business with many persons
lon bis own account; that his father had
not, for a year or two before his becom-
ling merchant. exerted the slightest al.
thori,y over him: tina. his features and
appearance were those Of an adult; and
tina. he had voted in an election prevl-
Gus to the date Of the bond.
The defending counsel then rose. 10
make the opening statement on behalf Of
his client. He justified the young man
for pleading infancy by the general good
policy and presumed justice Of the law
which authorized il, and by the particu'
lar fact that in this instance he had.
through inexperience and youthful conf
dence, been induced by the plaintiff s
artful representations, 10 offer her twice
the value Of her property. As TO the
question Of infancy. the learned counsel
said with an air Of undoubling triumph)
tina, he would offer proof which would
defy all my ingenuity to parry or elude,