Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1841-12-14

NoTE.-The reader is referred for a
more detailed account OF the action to
Brackenridge's History of the late War,
from which the outline of this narrative
has been derived. The writer trusts
that he has not trenched the bounds of
delicacy in introducing some of the per
sOnal descriptions ola latesaccomplished
but now retired officer of the U. S. Army
THE UNCERTAINTY OF THE Law
1t is no unusual thing to see men in
this country rise to eminence at the bar,
and in the State, by their own unaided
energies, and the natural vigor Of their
minds. OF this kind was Judge s., of
Maryland. lie had come to the bar late
in life, avoiding, or overstepping the dull
technical formalities which surrounded
the usual approaches 10 the practice
Having reached the profits and advania-
ges of his profession without them, he
felt or affected for them Indifference or
contempt, and the old "Martinets" Of the
law were often made TO stare at the hb.
critics he would take, with what they
deemed indispensable and necessary
forms and rules of practice. To s. the
form was nothing, so that he could seize
their right.
a notorious offender who had long
escaped the meshes of the law, by means
of flaws and holes in indictments, was
to be tried before him. Gen. Mason was
his standing counsel, and the fellows
good fortune, and the ingenuity and tact
ofhis counsel, were considered as good
as law proof. Judge s. was well salts
fed that the fellow deserved punishment,
and was determined that he should re-
ceive 1t, maugre the talents of Mason, or
any legal difficulty that might interpose,
The prosecution went On and the
counsel for the state made out very
clear case; the offence was proved point
blank, and Mason began TO think his eli
ent rather cornered. When the prose-
cutting attorney, to make assurance doub-
" sure, called one moro witness. very
respectable man in the county, he con-
frmed all that had been proved by for
mer witnesses as to the offence, and with
it this additional important fact, that the
offence was committed in Pennsylvania,
not Maryland it being one of the border
counties. Apparently the court paid no
attention to this part Of the testimony
But the criminals counsel remarking
that he sunnosed he need call no witness.
es. as this fact, 50 we'll ascertOined, mus
at once put an end to the prosecution
sNot at all,--not at all-go on," said the
court. "Your honor will not attempt tc
trv an offence committed in another
Siater' 81 tell you will sir, and show
YOU good reason for it. The offence h1'
been clearly proven and he deserves pun
iShment--we have him here and can pun
ish him. In Pennsylvania they canno
catch him, and the law is not to be baulk
ed by such techncalities."
The counsel here remarked that he
could convince the Court of its error, /
he had time to look up authoritles-ht
had not the books with him, but coulC
procure them in nalf an hour.
30, / will give yon as much time al
you want" replied the judge. stake
halfa day ifyou choose"
So soon as Mason had left the court
in search of these unanswerable author,
tiles, tho Judge turned, and remarked
to the Jury, "that they had heard the tes-
timonv. and could, no doubt, make up
their verdict, and he would take care OF
Tom Mason.'' The court sentenced
him TO receive SO lashes on the bare
hack. and ordered the sheriff to execute
the sentence forthwith. His counsel re,
turned with the least possible loss oI
time, and without noticing the absence
of his client, commenced quoting his au
thorities, and arguing therefrom-the
court taking notes aud listening very at
tentivey all the time. Mason at las
missed his client, and inquired where he
was.-"Never mind, never mind, 60 on
Mr.. Mason.'' But Mason had become
alarmed and refused to go on further, un
Ill satisfied of the whereabouts OF hl'
client. swell Mr.. Mason," said th'
Judge, ssif you will step up to yonde
window, you can see him." Mrson pro
ceeded in the direction indicated by tn
) Judges gesture, and had no sooner look
: ed oul than he turned to the court, wit
J. the exclamation, "Why, sir, they are tioe
0 ging him." "That makes no difference
replied the impurturbable Judge, "Pr'
n ceed in your argument" "What goo
j. will my argument do--the man is aIre'
:, dy sentenced aud punisheda have n,
e thing to gain by convincing the courl
n 20 yes, I oiH grant yoG, sa'a ita y