Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1847-10-22
VOLUME l4..-.NUMBER 2.


broken down, or his oxen would never have made /.
their way into the corn.GeId. lie had never
known them TO break into any incosure, and did
not believe they had in this instance. As TO
their having done ten dollars worth of damage,
that was rr poslerOus. Ten cents worth OF Sc d |
corn would renew The hills, and that par Of tho |
crop would be only Two or three weeks later than
the other, aud b. fully maured before FROST |
As 10 law, he could have that to his hearts con.
tent. Before he was done, he would find that law
could bo used by one man as we'll as another.
Mr.. Goodyear demonstrated against this retail
iaiory spirit, but il was Of no use. The course
pursued towards him had thrown Peters into Vi.
oenI passion, aud he could neilh.r hear TOR see
reason.
When the trial came on, the two men stood
confronting each other, scowling and muuerng.
PendergaSl made plain statement of his case,
which seemed very clear to the magistrate. lie
! had Witnesses 10 swear that they had seen the
oxen Of Peters in his corn.feld, aud had helped
to drive them out. To this, Peters opposed the
statement, that The fences of his neighbor were
shamelully out Uf repair, and produced witness
who sWore that in passing The field Of Prndergasl
on the day previous 10 the damage being done,
! he noticed Il rail out oI the Panne through which
} The oxen had broken.
t THIS Was la Pendergast unexpected testimony,
and he met ii wilh hasry denial.
7 Then you mtHn," said The magistrate with
some sIcruness, "lO charge The witness wuh per.
. juryl"
. "Oh uo-no, not that; but he must be mista.
KEN"
) "But have swore that saw it," said the vii.
: ness Wnh flushed face, aud firm VOC.
uuI nl in thrnu n
: fence IA which only one rail was oul," urged
y Pendcra asst, turning 10 The magistrate.
J.. But 10 leave Small opening in a fence is on.
i y iU induce an animal 10 make II larger one, es-
It prcialy il wnh the enclosure there is ANY thing
) 10 temp his appetite. If a nuns ences are no,
{. whole, who has he to blame but himseIii Ii
three r"la are enough for fence, Why co We
!. lave Iour aud sOmclImcs tvui Or why do W.
r have tcLces al ali" SAID Peters.
The magistrate did moi see the case so clearly
now, Ly any means. In fact he ie. rather puz.
'r zIed by II. III, re had been lrrspass; but " ho
II was most to bame for ii, was hard 10 leI. Ii
!, Two or three rails had btcn UuI Vi The fence, Ur
p nono al all, the case would have been q, ar c.
nough for euhtr The defendant or plaintiff. BuI
y The one rail puzzled hun. An ok could not 60
& through fence with ony one rail ouI; bul II the
+ leGce had been hone, Nh r1 woud have been Go
Al lrtspass. Pend, rga, was 10 blame lor nCl ket ?
II ny mis- fence III LrIer, aud P>lCrs was 10 blame
le iUr lGIung his DXen run loose. Aler luking
e. day tu consider anuu the matter, he concluded IL
ID DISMISS lho case by reYulr Pears 10 pay c"sI
l. thus dividing The mailer Oeiw sen lht Two nrIganl;
o. The one sui rug The loss q: lha cora, and III,
I'd oIhyr bsarng the Gust Vi prosecution.
+ vi course. lhS decision satisfied neither party
l. There was an appeal and security ven Ior COSTS
From KIND anu UblgEg neIkhOuT,, hc lw0 mel
I'd NOV became bIIIcr ~nemleS, ad determined 10 Dc
each q h as muchInIury a' posSlb.e. Ar tar
s. ng leo Ut tw;nty dJi,dri was paid Dy e2ca, to Sc
le LLre III" strv,ces vi a lnWNeI, Gy Wh"m he wa:
assured thai his cas- was perl,c'y ce,r, ant
!" lnaI the CULu would decd la his iuLur without
Il monlen hesitation.
10 Press HE mater through with the least pos
10 sbe delay" said PendvrgaSl 10 his gal r>prt
u sentative.
Sc "iou may trust me for that, replied The law
III Yer with ii u,and SuIe.
es "L,l lhtre be 10 Llrect ssary dc'aw wsi
s. lh1 lred al The FIST rn Pelcrs SAID lu h..
le lawyer, aud received IUr his rrp.y that all shou,l
he be as he desired.
~ 1t was ncar'y three months before the 'r'u
could come on. But, somehow ,r olhyr, il wa
r Ful off for another l,rm. Why, the cienls Co'I'
III not clearly make out. Their respective lawl er
40 stated 10 them The on plainly enoreh III II gu
" phrase, but the m,aLil ul what they said wa
'' about as aprreheLsible 10 them as Gra,k. On
~ hing, however, was clearly understood, and Ihs
was The d, mand OF ten dollars from cach Ia
"a COSTS that had to be paid i'll order to get The su
=" continued.
- Meanwhile the bclligeren,s showed their reeI
-, 49, at each other whenever they hSn nehtd 10 meet.
as 1t was year before the case came fuirly 10 lr
oh al, and then it was thrown out and each parl
required to pay his own costs, The Judge sevcreI
", r"primnnding both Complairan, AID defer duI
a for ever suffering matter, in which both had
share Of blame, ard which Oua 10 have bee
settled ancHbIy i, fv, minutes to, on ento cour
The cost 10 each. including lawyers ices, WI
NJ, just one hundred dollars.
n. This result by no means improved the state
at feeling that HAD for Whole year existed betwee
aid the parties. PendergaS had lost half us muc
as his whole field of corn would yield, Prtcl
more than his Yoke Of oxen was worth. Boz
he wero r1lIed, angry and unhappy, and made the
families cxtrtm1ly uncomfortable.
II A brief calm succeeded TO this striio of pa
sion, and then there was war again. Pete
nat commenced a suit against PendergaSt, 10 racovt
the hundred dollars costs and fees hu had bee
compelled TO pay. On the trial, he proved ih
an the son of Pendrrgasl, who had been sent by h
- father TO his house on an errand, after dark q
md the same night tha oxen destroyed tbs corn, ha
w. in leaving his premises, left ihega open lhrLog
am which his oxen had mad. their way out uto
the public roal, and alt rwards through Penle
lhg gds's broken fence into his Corn-fed. The wi
ny ness who proved this, was explicit in his leStn
, ny, and no cross questioning of the defendant
Inc counsel could confuse him, or cause him to WI
yer IN the least from his first distinctly given e
md d,nce. All efforts to nva.ida,p mi, unexnec,,