The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1847-10-15


the lawyer with a smile.
Let there be no unnecessary delay;
wish the case tried at the first term,
Peters said to his lawyer, and received
for reply that all should be as he desired.
1t was nearly three months before the
trial could come Oh. But, somehow or
otberit was put off for another term,-
Why, the clients could not clearly make
out. Their respective lawyers stated to
tlemthe reason plainly enough, in legal
phrase, but the meaning OF what they
said was about as app~rehensible to them
as Greek. One thing however was clear
ly understood, and that was the demand
of ten dollars from each for costs that had
10 be paidin orderto get the suit contin-
ued. Meantime the belligerants showed
their teeth at each other whenever they
happened to meet.
1t was a year before the case came fair
! ly to trial, and then it was thrown out,
and each party required 10 pay his
costs, the judg &c severely reprimanding
both experimentation mi for eyersuf
ing a matter in which both had share of
blame, and which ought to have been
settled amicably in FIVE minutes, to come
; into court. The cost TO each, including
t lawyers fees, was just one hundred dol
lars.
This result by no means improved the
> state of feeling that had for a whole year
existed between the parties. Fender.
. CAST had lost half as much asa whole field
Of corn would yield, and Peters more
( than his yoke Of oxen was worth. Both
? were fretted, angry and unhappy, and
made their families extremely uncomfort-
t able.
A brief calm succeeded to this strife
u of passion, and then there was war again,
9 Peters commenced suit against Fender
CAST, to recover the hundred dollars costs
!, and fees he had been compelled to pay.
o On the trial, he proved that the son of
q Pendergast, who had been sent by his
father to his house on an errand, after
dark on the same night the oxen destroy
ed the corn, had. in leaving his premises,
left the gate open, through which his OK
en- had made their way out On the public
e road, and afterwards through Fender
CASTS broken fence into his corn-feld.-
n The witness who proved this, was expli-
g cit in his testimony, and no cross ques-
e tioning of the defendants counsel could
y confuse him, or cause him to waver in
n the least fromh his FIRST distinctly given ev-
e lidence. All effortsto invalidate this un.
expected testimony, were in vain. 1t
d had to be admitted.
Peters gained his cause after a year
of disturbing and Improbable litigation
y But Pendergast appealed. Another year
of suspense, disquietude and angry ex.
: citement succeeded, and the higher court
1t affirmed the decision. There was no
IS help for Pendergast. The hundred dol
liars hadto be paid, and also two hundred
st dollars of fees and costs besides.
% Four hundred dollars spent in the eff
fort to recover ten dollars, was rather a
n, serious matter, andso i twas felt by the or.
n. iginal litigant. He YVES mortified cha.
IN griued and angry beyond measures; and
g unhesitatingly declared that the witness
in who had sworn that his son had left Pc.
e. terss' gate open had perjured himself
it. This charged came to the ears Of the wit
le ness, who complained to Peters. Tha
individual, i%rritated by three years of lie
S, gal annoyances, and feeling, in the di
ne minished productiveness of his farm, thu
ly effects of a diverted mind, had no YER
no kind feelings for the man who had occa
r. stoned him both trouble and loss.
&c Sue him for defamation said he, I
he the witness. III stand by you. Lay tn
damages at FIVE thousand dollars
ed This advice was taken. In about
Ie- week Pendergast was startled by the ap
pearancc of the officer with a writ, sum
te, moning him to answer, in a criminal pro:
it %ecution, for defamation of character
This was a serious matter, and so he fe
be it to be. When he called upon his Law
yer, that gentleman looked grave; bu
ne promised to defend him, to the utmost {
his ability. The loss of the four hun
dred dollars in costs of suits and dana
gh yes, and the loss Of On equal amountfror
ut neglecting his farm, more or less, fp
is some years, hadmade none matters ratl
err close. with Mr.. Pendergast, who wa
zee not what a broker would call very sui
a s~tantial. He was hearty sick of the Law
To- aud wished from the bottom of his hear
,e- thathe had not been the fool he was
lie, get involved in its meshes, from whic
zee there now seemed no hope of exiricatioI
we A suit for defamation of character wit
ny damages laid al five thousand dollars, @
~peclally when he was conscious that thel
so we're more than a dozen persons VII
'elt could prove that he had charged the wi
! a ness with perjury, was no joke. DAM
for ges of halfthe amount would utterly rui
ills him. In fact, without selling his farr
all he could not raise five hundred dollars
Igh But all this fear availed not. He ha
excited the enmity of a man whose wral
OK was not easily appeased. The suit WI
My regularly docketed for trial. BY the a
zen his lawyer, it was deferred for one or tN
'es. terms; but there was a limit,to this. II
not case at last came fairly before the coul
ers witness after witness was examined; al
run the evidence produced clear aud un
a quiyocal. 1t was plain that Penderga
Mss would be found guilty.
cost The trial had occupied two days, al
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