Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1843-06-29
En- Ire Hkrnld.


! Mr. Editor,--Among the thousand and one ex'
Of tho present enlightened age, tbs pro-
pensiiy TO engage in small voxatious lawsuits Is
becoming as,onishingly prevalent and unless some
thing can be done to check IT, pe,ifogging must be
come the mos, lucrative profession IN the country.
The following is slight specimen.
The news has spread abroad, that there is 10 be a
liieaed trial before Squire Dunkerhead at the iav-
ern--,he clerk leaves the store, the blacksmith his
FORGE the wheewrght his shop. the halter, the loaf
en- and all the people round about, leave their re-
srecivc atoms, and repair to the intellectual
arena, with as much eagerness to a cock fight
BY this time the defendants council, Mr. Splat,er-
dasher regular bred attorney from the city has
rived with carpet bag full Of books, after taking a
glass Of gin and waller Ill trial is pronounced ready
to proceed. The plaintiffs council an experienced
peitifogger of county breeding, gances inquirngly
al his formidable antagonist and draws up to the ia
BILE. Two constables take their stand at either side
Of the judgment seat, waiting for The veniie,' which
they had respectively advised each ofhe aforesaid
nigants 10 call for. The justice uniolds the min
u,es Of the conrt, and the is called, In voice
half lost in huge guild Of tobacco.
The parties both answer, and demand jury
The process is signed and the favore constable is
selected to gather the jury, and the takes re-
cess Of half an hour. The jury being duly sum-
moned tried and sworn, take their seats in the mos,
imposing position on bench against the wall. The
learned council for the plaintiff places his books on
the table, turns down two three pages of Governs
Treatise, and calls his witnesses. The witnesses
all swear, that they distinctly saw dog which they
believe TO be the defendants dog, chasing hen on
the premises ofthe plaintiff-being cross mined
they are not sure that it the defendants dog,
but are sure that it was red dog, and that the de
PENDANT keeps red dog The cour, here announces
that certainty to common intent is sufficient -
Another witness is called to prove by way Of aggra-
vaton of damages that the hen thus chased had ten
young chickens. To this the defendants council
objects and now the pent-up eloquence and law
books open, Coke and Chi,ty, Eden on Iniunc,ions,
and Angel on water courses, cited to show that
this testimony is altogether improper, impertinent
and impossible to be given in evidence Two edi-
Tying hours spent in the discussion but the
decide TO hear testimony, and note the objections.
The defence then opens pro lorna. Ten witness
ses are called, three OF whom swear that the de-
io"oo"' AocPs Ho uog lVe tndt he keeps no req
dog, and two who testify positively tina, the defend
ants dog is black
The testimony after cross examination, counter
calling of witnesses, is at length closed. The coun-
Gil sum up to the jury at length, the cour, swear
constable, and after mature elaboration being had,
the jury about midnight return to court, and say,
they find verdict for the plaintiff of six cents dam
ages, and six cents cost. The defendants council
sneer at the jury, declare that the cause shall be
carried up to higher court, charge ten dollars Tor
attending the suit, and the appeal is entered IN due
form.
This is no exaggerated picture, of Litigation in
the small Pittsfeld, June %, 1913.