Holly Springs gazette., 1843-01-13
From the New Orleans Picayant.
LAW IN MISSISSIPPI
R, AN OFFENSIVE DEFENCE


Law IN MISSISSIPPI
OR, AN OFFENSIVE DEFENCE
Perhaps the Jurisprudence Of Mississippi
within the last few years has given birth To
a wider range Of pleading, and brought
forth more pure, native, forensic eloqaence
than the highest tribunal Of our country II
the meantime Few persons, being stran-
gers and not "to the manner born" who
should enter one Of the roughly constructed
temples OF justice Ia the interior counties OF
the State. before the solemn 'Oyez oyez
oyez T oil the crier proclaimed lis formal o
pening, could, from = hasty glance al the
bench, the bar, the inferior officers, litiganls
and loafers anticipate the legal research, the
great professional ability and lofty eloqaence
which, like subierranean stream strug
Cling 10 Be free, were shortly to burst forth
10 the light of day and the edfication of all
whose good fortune 1t might be to obtain
verdict in their favor.
Who could suppose-not knowing the
parties-that he in the threadbare black
coat, with the bran bread countenance. who
asks the man in the brown flannel frock for
chew of t0bacco-who we say, could sup
pose that he holds the foltunes. aye, the
lives of free aud independent Mississippians
within his grasp, that be il Is who wielis
the sword Of ius.ice aud poises rs scales IL
the air of law and equay2 And again.
who could imagine that that frollicking.
good looking young man with his feet on
the bench, or rather On the deal table before
the bench. who IS arguing with the ex bank
director on the righ. of repudiation--who
could imagine that under 50 rough an exte-
| rior there lay hidden 50 much law, 50 much
/ learning, 50 mueh Pristine talent. 50 much
pure pathos2 But the report Of single
cusU will illustrate several points hettsr
than if we eeneraiIzed through whole pa
ges We shall, therfore, select case from
| the records Of the late term OF the Copiah
county Courl, which, We think, will bear Us
| out in our predatory remarks. This case
stood No on the docket and was endorsed
Thomas Taylor as VIM Mackew'
Taylor VS. Howell and
Harnett?' 2 said the Clerk. reading from the
fixed cases
Ready. said Howell
Ready, echoed Harneu.
The crier called silence, first expectorating
as much tobacco juice on the floor would
send Charley Dickens into a swoon; the
witnesses were called. the jury were I'M
panelled and the case proceeded.
It was an action by which the plaintiff
claimed right 10 the possession of three ne
| groes, the property Of the defendant. Tht
case was opened by one Of the plaintiff !:
counsel. who. by the way had secured ths
professional services OF three ofthe legal la
lainaries of Copiah county. His witnesse:
were calIed-their evidence went poin
blank TO the matter at Issue, and the genera
impression was that the unanimous opinion
of the jury would be verdict for the plain
tiff When the case for the plaintiff hac
closed. the Judge told Harneit, for the &c
fence, to call his witnesses.
I've mean to dispense with witnesses +
this case, may it please the Court said Har
nett and this ne uttered with an air of con +
dence that seemed TO astoLish every body.
Then do you mean to LEI the case 90 b
defauItp 2 said the Judge
] Dr. clear of IT, SAID Harneit aside anC
in an under tone to his client. who seemed
10 look al tie thing as a gone case'-anc
then turning to the Court he added, We dc
not may il please the court. but the plain
tiff's counsel have 80 palpably failed % e.
tablish the grounds of this action-they have
so evidently shown that the plaintiff 5 righ
to my clients negroes Is futile and wilbou
foundation. that deem il waste of time o
this honorable court. and libel on the good
sense of that intelligent jury. to offer any ev
idence or quote one word Of the law which
applies TO the case Indeed so clear does
the case appear TO me. that was thinking
of submitting it tothejury without single
remark but on reflection have concluded
10 offer few observations. that my client
may stand before this community in his
proper character. that Of an honest. honora.
bic and injured mani
When he spoke OF the elearness of the
case in his clients favor, the Judge looked al
the jury AMI the jury looked at the judge
and one of the plaintiffs counsel whistled
! .whew But this did not disconcert Har
net, and into the defence be went, Jumping
over very wisely. as he said he would. all
| law and evidence, for it would puzzle Phil.
adelphia lawyer. much less Mississippi
lawyer, TO fnd any OF either in his favor.