The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1844-04-19
A QUEER TRIAL.

A legal correspondent of the Sundersville Geo. J
Telescope, thus relates one of his adventures at
the bar in certain district of Georgia, near Haw
knsviIle, known as the ",hird kingdom of Dooly.'
Some time since divers claims were placed in
my hands for collection by Jilters, M Filters g. Co.
Of New York, and amongst them little note on
Simeon Screws, of the aforesaid district of Dooly.
| handed it to Asa Markill, one of the acting JUS
tees, and took his receipt for the same. The
claims progressed regularly on to judgment, but
some time since was informed that Screws had
filed affidavit of illegaity to the execution, and
being the attorney general of the aforesaid firm,
and not having much else TO do, determined to
yard, the court had been in session for some time,
but upon inquiry found that my case had not
been reached, but was next TO the last. / called
for the execution of the affidavit, and found that
the ground of illegality was that the plaintiffs lived
out of the State.
Squire Markhill was on the bench. As to his
intelligence farther than the following will show,
it is only necessary to add that he was in the legs
lature Of IS43.
He was polite man, however, particularly SO
in his manner of speaking.
81 should suppose, may it please your honor,
that the cour! does not wish to hear from me OH
the subject of this ilegaty."
"WeIl, reckon not squire, I" he replied, mildly
ton ought to be killed"
''Do | understand that your honor intends to
sustain this iIlegality?"
"Yes, squire, that's law"
expressed my astonishment at this, and made
aspeech showing the absurdity OF the decision, and
wound up by rating Screws for daring to take such
an oath. When concluded the bench went on:
"The court is fond to hear you talk, Squire
Nubbs-very fond indeed-you talk well, aud the
court hope you will come down often. But Mr..
Screws is our neighbor: we know him. and besides
he has shown that the execution is illegal, and it
must be killed. Squire Nubbs"
ayes, and may it please the court, will swear
the execution is not illegal"
"Well but Squire, you can't do it. Now if
filters, M'FiIters Co. was here and would swear
it, then it would be oath agian oath, and it would
be tried by jury"
Seeing that nothing could be gained by adherence
to the principles of law, and unwilling that my
clients should be swindled out OF their money in
this way, ] took considerable pains to show that
in great many cases the attorney could act as
principal, and finally got the justice to let me
swear-Shich had no hesitation in doing A
jury was empannelled, and we went on with the
trial Screws said nothing, but went into the
case warmly. They retired, and in five minutes
brought in this verdict: "We, the jury. find the
execution dead" was about to retire in dignfed
disgust, when bushy headed juryman asked who
was to pay the jurys fees.
"The jury's fees come out of Mr. Screws" |
replied as mildly as could; 'the verdict was in
his favor"
"That's true, Squire Nubbs; but it amt the law
the man that gains his case shall pay costs
"Please the court" replied entirely out Of my
patience, elf pay, may be -"
"Thank you, Squire; that settles the matter: the
court fines you dollar and half for contempt Of
court. That will pay us all, boys, and treat in
the bargain"
| launched out the one and fifty, and left the
"thrd kingdom of Dooly" with considerable
degree of rapidity.