Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-08-31
JRI II g ATuRDAY, AUGUST 81, 1914 Z
W. ain - 1Io,v;n~ from x ss,ch.

| 4 CSii1e4lDehe il Gesrgia. I'D.
We dip ~ l.llowing from an. exchange
paper -whst one We 40 not now remember.
1T is a. rich in az its elements Of fun a. anv
thing We have lateiy stumbled upon:
A.friend Of mine has recently returned
from an exeursida into the - circuit q
| this State. He tslls me that while n he
county Of, NJ strayed into the Court
house, and was present at an arraienment
tof q man BY the name Of Henry Day, who
was charged with attempting to kin his
wife,, Day was ! pale little man, and the
wife was perfect behemoth. The indict-
/ ment being read, the prisoner was asked to
say whether he was ssguilty Or not guilty. y
He answered, "There's a mighty chance
of lawyers lies in the papers; but some
part j. true. / did strike the old lady; but
she fit me powerfully first. She can swear
e ,ual to little Of anything, and her kicks are
awful. I reckon what you say about the
devil moving me ispretty tolerable correct,
seeing as how1she moyed me. have told
you all ! know bout the. circumstances
Mister. | gin Squire Jones there a five
dollar bill, and allow he'll take it out for
me. . Squire Zones thereupon rose and
said he had . point Of law to raise in this
case, which he thought conclusive. 1t was
an established rule Of law, that man and
wife were but Une; and he should like to
. know if man could be punished for whip
ping himself; he should be glad to hear
what the Solicitor General had to say to
that. The Solicitor General answered,
that he thought his brother Jones had car
ried the maxim q little too far: men had
often been punishedifor beating their wives.
If man should killihis wife, it would not
be suicide. ;sss ylf4ss...,4g:sss F.se VI
! Here Squire Jones interposed, and de-
fled the Solicitor General to produce any
authority to that effect. The Solicitor
General looked u t.Cfeen and Lumpkin's
Georgia Justicen for some minutes, and
d then observed that he could not find the
authorities just then, but he; was sure he
had seen the principle somewhere, and he
called on the Judge to sustain him. In the
enthusiasm Of counsel on the point, they
forgot to offer any esidence as to the guilt
or innocence Of Day in the premises. The
Judge, likewise being obvious Of the fact,
proceeded to charge the jury, He told
them that man and wife were one. He
remarked that in either event, the man
was legally bound to suffer; and, therefore,
come as they would, Day was undoubtedly
guilty. He said he would not decide the
question whether If man Kill his wife it
was murder or suicide. 1si atii Ct en-
He was not prepared to express an opin-
ion on that point; it was a very delicate
one, and he had no idea Of committing him
self: [Some one here observed that he
was mighty fond Of committing others.
He then called up the bailiff, tremendous
looking cracker, wearing broad brim hat,
never saw-a man south Of latitude thirty
three, that did not wear white hat with
Grape, and proceeded to admonish him
that the jury were very much in the habit
'of coming in drunk with their verdict, and
that if it happened in this case, he would
discharge the prisoner, and put the punish
ment u Jon him.. The bailitf gave signifi-
cant glance at the Judge, and replied that
other people besides the jury came into
Court drunk, when some people were
drunk themselves! The Jury then retired,
and SO did my friend. M, y,s4..4..a
The next day he returned, and found
matters IN stafu quo, except that Day and
his wife had made up, and were discussing
the merits Of cold fowl and quart rol
beer. and now and then interchanglng kis-
ses. despite the frowns and becks of the
officers. The Judge, Clerk, and Sheriff,
had been up all night, and looked wolfish;
and the bailiff was seated on his white hat
at the door Of the jury room, and this indi-
Gated that he had swallowed the concentrat-
ed venom Of thousand wild cats. The
most awful curses, 'oathes, and sounds, |
proceeded from the jury rooms; some were
roaring like lions, some crying like chill
dren, mewing like cats, neighing like hors-
es, SC. At last a short consultation was
held at the jury-room, between the fore
man and the bailiff; whereupon the latter,
putting his hat one sided on his head, came
into the court room. and addressed the
Judge thus: ssMister, Tom Jaltes says the |;
jury can't agree about this here man; and
if you keep him that is Tom Jakes, |
A1ioul STOS any MoIc, ue ~ WHIP YOU Oh
sight" The Judge appealed to the Bar
it this was not a contempt Of Court; and |
screen and Lumpkin's Georgia Justice"
having been consulted, it was finally decid-
ed that it was a threat addressed to the /
Judge as private individual, and was to
'swhip him on sight, " and not on the bench;
It was not, under the free, and enlightened,
and Democratic principles Of Georgia leg
islation, acontempt Of Court. This being
settled, the Judge directed the baififf Is
say to Tom Jakes, the foreman, ssthe Jury
should agree il, they staid there through i
eternity." The bailiff retired, and SO did |,
my friend but he gives it as his opinion,
from the frame Of mind in which he left
ali parties, the juries and bailiffs are still
there.
To Preserve GRAix.-The Paisley
Advocate says: 1--WE do not know whether
" not the following has been adopted by
many farmers, but there can be no hafmi in
calling their attention 70 the circumstance.
A farmer in this neighborhood. has for some J,
ime past put garlic in the bottom Of hia 1
grain stacks, and since he has adopted that
plan, has never been troubled with yermin.