The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1839-08-29

Il
8 blity, he would have so sworn.
f, Al the next term of the court, when III,
cause was called, both parties announced
themselves ready for trial. My client hac
Tor her agent a kind neighbor, ~ho saw lc
, The SummoniDg of her Witnesses, and serv
, ed as link Of communication between hei
} ard me. Her adversary was present il
, person, prompting his counsel, and holding
earnest conversations with his only wiines:
) his iather-who stood near, with a pur
sy book like Bible, under his arm. A,
we could neither allege that the obligation
had been gwen for necesSdries, nor that
The defendant, had confirmed IL by any pro.
mise made since he came Of age, there was
10 alternative but TO dispute the fact of in.
fancy. The great question TO be tried
therefore, vas whether he was under az,
or not, when The bond was mede! In
opening the case, slaiel 10 the Jury the
nature oil the Transaction; exhibited the
BOND; told them what question they were
70 decide, and that the bunhen OF proof was
on the defendant, to show his infancy :;
touched briefly upon the general dishonesty
OF that defence; adluted them because OF
mat dishonesty, and because this money was
literally ne oil of my poor widowed client,
\ 10 be satisfied with none but the most clear
and convincing evidence Of what her debtor
alleged; and then reclted the circumstances
90 which relied, to repe has allegation
ihese were merely, that be had transacted
business with many persons on his own &C
count; that his father had not, for a wear
or two before his becoming a merchant,
eKe.ted the slightest authority over him;
that bis features and appearance were those
OF an adult; and that be had voted 10 an
election previous to the date Of the bond.
The dcieadmg counsel then rose, 10 make
he opening statement on behalf of his eli
cat tie justified the youog man for plead.
ny infancy By the general good policy aud
presumed justice OF the lGw which author.
zcd It, aud by the particular fact that 10
ihIs INSTANCE be bad, through lnexperence
aud youth vi confidence, been induced by
The p'aaiitt aritul representations, TO offer
her t~iSe the value Ct her property. Asto
.he question OF infancy, the learned counsel
.nid tsuh an air o. uud ubllng triumph
,hat he would o.itr proof which y 5uld defy
AZ my Ingenuity % parry or elUde, and any
amount q skefucism ga The Jufs & c,sbe
0ieye proof, by tie oath of his cIieul's ON u
Aiher, man Of unimpeachabIe character,
hat on tde day when the bond bore date |
ne ob,gor was only nneieeu years and |
some mouths old.
THIS VAS what feared. The old man
was sworn 10 solemn form land melhought I
'he clerk ptopuunded the oath with unwon.
tcd soicmnty) to speak "lhe truth, the
"hole truth, and oothing but the truth; So
acl. YOU God r He vas then desired b, /
ny adversary 10 tell, Il he knew, on what
year his son, the defendant, was bora
objected 10 lis answering The question,
4 theirs vas register, any where, Of the
sons birth. The register l,sell must be
produced no other evidence was admissible
The court assenied to my Proposition
The adverse COUNSEL and client exchanged
>ly looks OF triumph. Their witness too,
looked wise and self important, as with an
air which SAID Il expected til am ready
'or ou'-he produced from under his arm
the pursy book above mentioned.
Here's my sons birthday, written BY
me With my own hand IN this here Bible,
It's my own handwri,e.
Read 1t, SAID the counsel.
The old man put on his speciacles, and
read an entry importing that " r
F., ron o, the above" (meauiug his pa.
rents, whose marriage was noted on the
same pagc) "was born on" such day,
IT,; being Just nineteen years eleven
months and SIX days, before The date oC the
bond.
When did YOU write this y said the
counsel.
"The very day after he was BORA said
the old man, noddiug at his son,
You are clear and distinct in your re.
of thatl"
80 yes; for I've had the Bible ever
since, and read over thus register n thou,
sand times"
Very WE'LL" said the counsel again,
md with big, exciting looks al am sat. ,
Sneu-ahu 50, presume, are tue JURY
But perhaps, Mr.. W., you still wish to
cross examine the witness ~
certainly did wish 10 cross examine
him; aud said so. Meantlme, had scru.
lnlzed the old mans Bible. Il had no pa. /,
,es marked off between the two testamepts,
or a Family Record, as modern Bibles !,
have the register of marriages, births and :
iea,hs, was written on blank leaf al the !,
Deglnning. II was observable that all the ,
entries, though purporting 10 cover twelve