Holly Springs gazette., 1843-01-06

Mons IN crude, ranging. and freitlng man
ner j, is heneous defence; and he has 10
90 10 The peni,eniiary at the discrepancy 0;
rhe Con!,, else he can, be got clear. no hovsi
and that this very view which have omit
,s4 ~ his honor IS The universal destruction
ofHoward's Reports; and l uEnbly conceive,
may i. please the Court. that this compnnc
,i,uS and aEl-wise tribunal can derive at no
other conclusion. but that the so exhibiting
and baudishlng an onerous OK whip 10
,urh manner eud form as the statue contends,
/ such a prohibition IN crude, ranging,
and fret,inc manner, as TO put ont days rye
totally tJrsrer. as mus, convict the Court oil
gull, in statu quo; that is, according TO the
statute"
" hen this argument was concluded, the
Court cast a signing and pitiful look at the
defendant, as though he hated TO pass the
sentence Of law; being almost convinced,
from the argument Of Mr. GnmPy, (or that
was his name, that conviction must fol
low. The Constable, (Nir. Anybodysman,)
who was the defendants attorney, now rose
in defence, and said
II motion the Court to squash the hole
preceedins, as an or schip is not dsadning
wcepon il the contention ofthe law jist read
by my onorabIe college,"
The Court remarked that the objection
was MT no account on arth, Tor he had draw
ed the Indictment hisself: and wha! was
more, he had known many thing kilt
entirely dead with less implements than an
on whip; which, indeed, ne considered very
dangerous and ordered the counsel TO pro-
cced upon the dcmerts of the case. Where
upon he proceeded according to order. He
argued at great length, that It was csry Dad
10 have to go to the penuentiary, right in
amongst folks that fit in times of old for lib
berty;;" and he concluded as if he had struck
q new argument, thus:
1T is the most commoaest law, that says
a man may fte in defence of himself his |
wife and Ii,le uns, and his sarcants: and
a faithful deg is sartainly sarvant in the
purvewance Of the old law, which is
plaguey sight better an these new laws Of
this Massassippi State; ifthey ar'nt don't
know what good our forefithers was a doing
on top Of Punkin Hill None. should
guess Then. under this comprehension
of facts, this man can't be gilty OF salt and
batter, with pretense TO kill, jist becase he
put out dogs eye with reasonhle quanti-
" Of diligence. which is ali the law re
quires"
When this brilliant exposition of the an
cient common law was concluded the excite
ment was evidently changing sides, and
turning in favor Of the prisoner. The law
yer again assumed the Constable; stepped
over the bench. which constituted the bar,
and walked up RS Honor, and told him the
argument was finished. The Court rubbed
its eyes, and, turning 20 the prisoner, asked
him if he had any thing to say why the SEN
tence o. the law should be passed up him!
tic rose suddenly and said, Yes, sir,
have. The witnesses have all sworn dam
lies" Al this little hump Shouldered man.
with small black eyes. a sharp nose, and
white teeth, interrupted the speaker with a
good chunk Of a walking stick, which had
such an influence upon his powers of speech
that he never spoke any more for two hours
The Court ordered the man that was
knocked down into custoday, and told the
Constable to 1ratch the man that had knock
cd him down, or he nj Sht do some mischiefl
He then ordered the Constable to soioura
Court until things got cooler; saying. ifthe
people could n't behave better than that in
his presents. he would not try their cases for
them He walked out Of the Court House,
and entered small log hui hard BY where
he found little, lazy. ugly. gruff looking
man. with red shirt and red hair. brass
watch guard round his neck, aud pipe in
his mouth. This notable linle character set
Jug. with no EandIe, and a broken tumbler,
on some boards before him. in which his
Honor found Infinite relief from the tolls and