Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1847-05-19
Uncertainty Of the Law.

taken, as legal readers will readily believe,
from the "American Reports" -
"The uncertainty of the Law is CAPT.
tally illustrated by the Pittsburgh Ameri-
can, in a story which we have not seen
beaten for many long days.
at is no usual thing to see men in this
county rise to eminence at the bar, ard IN
the State, by their own unaided energies,
and the natural vigor Of their minds. OF
this kind was Judge $, Of Mary
land. He had come te the bar late in life,
avoiding, or overstepping the dull techi-
nal formalities which surrounded the usual
approaches to the practice. Having
reached the profits and advantages Of his
profession without them, he felt or affected
for them Indifference or contempt, and the
old .Martinet" Of the law were often
made to stare at the liberties he would
take with what they deemed indispensi-
bic and necessary forms and rules Of the
prac,ice. To s. the form was
nothing, SO that he could seize the right.
ga notorious offender, who had long
escaped the meshes of the law, by means
OF flaws and holes in indictments, was to
be tried before him. General Mason was
his standing counsel; and the fellows for
tune, and the ingenuity and tact of his
counsel, were considered as good as law
proof Judge s. was well satisfied
that the fellow deserved punishment, and
was determined that he should receive it !,
maugre the talents of Mason, or any legal
difficulty that might interpose.
"The prosecution went on, and the
council made very clear case. The Of
fence was proved poin, blank, and Mason
began to think his client rather corner
ed, when the prosecuting attorney, to make
assurance doubly sure, called one more
witness, respectable man in the country.
He confirmed all that had been proved by
former witnesses, as 10 the offence, and
with this additional important fact-that
the offence was committed in Pennsylyan-
ia and not in Maryland, it being in one of
the border counties. Apparently the Court
paid no attention to this part of the testi-
mony. The criminals couns ell then re-
marked that he supposed that he need call
no witnesses, as the fact so well ascer-
tanned, at once put an end to the prosecu.
ton.
"Not at all-not at all!-eo on" said
the Court.
"Your Honor will not attempt to try an
offence committed in another State ~
II tell you will, sir, and show you
<vooA TIL oEr L
clearly proved and deserves punishment
we have got him here, and can punish
him. In Pennsylvania they cannot catch
him, and the law is not to be banked by
such technicalities."
The counsel here remarked, that he
could convince the Court of its error; and
If he had time to look up athorities;-he
had not the books with him, but could pro-
cure them in an half hour.
''Oh, | will give you as much time as
you want" replied the Judge. "Take
half day, if you choose"
So soon as Mason had left the court in
search OF these unanswerabie authorities,
slhe judge turned, and remarked to the jury
THAT they had heard the testimony, and
scould no doubt, make their verdict, and
Fhe would take care of Tom Mason. The
court sentenced him to receive fifty lashes
son the bare back, and ordered the Sheriff
ITO execute the sentence forthwith. His
counsel returned with the least possible
loss Of time and without noticing the alb
sence of his client, commenced quoting
ms authorities, and arguing therefrom-
me court taking notes and listening very
attent.vely all the time. Mason at last
missed his client, and enquired where he
"Never mind-never minl-go on,Mr.
Mason" said the Judge.
But Mason had become alarmed : ne
refused to 60 on, until satisfied Of the
whereabouts Of his client.
"Well, Mr.. Mason" said the Judpe
"if you will step to yonder window Won
can see him."
Mason proceeded in the direction ind;.
Gated by the Judges gesture, and had no
sooner looked oat than he turned TO the
court, with the exclamation Why. sir
they are Aoeging him!''
" That makes no difference, said the
Judee-"Proceed in Your argument"
What good will my argument de7 The