The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1852-11-11

e 9ther getnents, and staid to sec il on
{ "a circumstance which did not diminis
il N trepidation il he least.
[ had the witnesses called up, poste,
o my client behind me in the bar; and pu
!. he case 70 the ilry. The defendant hat
II pleaded Justification, and not guilty.
u got along pretty well, thought, on thc
proofs. The cross.exaininatian Of oil,
hasm, didn't seem 10 me to hurt ans thing
! though he quidded, misconstraed ant
! buled nightly objected to all nv ques
: tlans as leading, and all the witnesses
9 answers as Irrelevant but the judge, who
was u very clever sort Of a man, and Whc
didn't like Kasm much, helped me along
aud over the bad places, occasionally tax
ing the examination himself when Gid
kasm had got the statements Of the wit
ness in fog.
had a strong case; the plaintiff showed
a good character; that the lodge Of Masons
had refused to admit him to fellowship until
he could clear up these charges; that the
Methodist Church, of which he was a elias.
lender, had required Of bin 10 have these
charges judically settled; that he had Of
fered to satisfy the defendant that they
we're false, aud proposed TO refer it To dis
interested men, and to be satstied-if they
decided for him--to receive written re-
ltraction, in which the defendant should
oniv declare he was mistaken; that the de-
iendan, refused this profier, and reiterated
the charges with Increased bitterness and
aggravated insult that The plaintiff had sat
Tered in repnt alton and credit sh9t the de
llendant had declared he me nt 10 run hin
Iotf and buy his land at his defendants,
own price; and tha, defendant was rich
and often repeated his ISLANDERS at public
meetings, aud once al the church door, and
fnalIs, nor justified.
The defendants testimony was weak
it did not eon,royert the proof as to thu
poakinq Of the words, or the matters of'ag
graYa,ion. Many witnesses were eXamin
ed as to the character Of the plaintiff; bal
those against Us only referred To what they
had heard since the ISLANDERS. except one
who was uufriendIy Some witnesses
spake Of butcheriug hogs at night, anc
Ihearing them squeal at late hour 4, tht
plaintiffs slaughter house, end Of the deaC
hogs they had seen with various marks
aud something ofhogs having been stolei
in The neighborhood.
This was about all the proof.
The plaintiff laid hls damages at SO,
600.
! I rose to address the Jury. b thi
7 lime a good deal of the excitement ha'
! worn off. The .remor left, only gave M
Q that sort Of feeling which is rather fayora
/ tle than otherwise to a public speaker.
, might have made pretty good om 2
liz, If had thrown myself upon the merit
;lofmy case, acknowledged modostly m,
awn inexperience, plainly stated the eyi
/, denca and The law, and let the case ga-
/. rescryiur myself in the conclusion for {
i aglqrgc. II chose to ~ Ike enc. BIT th
Iegi genius that presides over the frs
4I6an,'Iugs Of all hwyer,legs, would have
i otherwise The citizens Of tie town, an
those OF the country then in the village
had gathered in great numbers into b
i. icourt house to hear the speeches; and
could not miss such an opportunity for dis
+. play.
4 Locking over the jury, found them !
| plain, matter-oi.tsct looking set OF fellows
ID but did not note, or probably know fac
or two about them, which found out after
wards.
started, as thought in pretty goo'
, siyie As went on, however, my tanc'
!, began to get the better OF my Judgment
81 Argument and common sense grew tame
Poetry and defamation, and, at last, path
, os aud fiery invec,ive, took their place.
!. grew as quotations. as Richard Swivellcr
q Shakespeare suffered. quoted amon
! other things Of less value and ap'ness, al
n who steals my purse, steals trash," etc.
A spoke Of ,he woful sufferings Of my poo
! client. almost hesr,-broken beneath IN
weight ofthe terrible prosecutions of hi
! lenemv; and, growing bolder, turned oI
old Kasm, and congratulated the jury 'ha
| The genius of SANDER had found an appro
.ipria,e defender in the genius Of chlcan
), and ma!iguitv. complimenied the jur
!. on their pa,ience-on their intelligence
. on their estimate Of the value OF character
spoke OF the public eNpectalon--oi tha
:, feeling outside of the box which woui
welcome with laundering plaudits In
righteous verdict the jury would render
). nd wound up by declaring that ! ha
, never known case OF slander so aggrava
: ted in the course Of my practice at IN
bar; and laIicitated myself that It's gros,
NJ ness and barbarily justified my client IN re
j, It>ing upon even the youth aud inexperl
+. encc of an unprac'Ised advocate, who's
poverty of resources was unaided hy Of
% lporlunilies of previous preparation. -
Much more said that happily has now e.
G Icaped me.
al When concluded, Sam Hicks, and on
q, Or two other friends, gave faint sigh
a Iapplause--but not enough TO make an
e impression.
IA / observed that old Kasm held bis hea
=, down when was speaking. antertaine
N the hope that had cowed him! His usu'
!, port was that OF a cynical composure,
Is bold and brazen defiance, 1t was sp,
nr cal kindness if he only smiled in cove
IS scorn; that was his most amlabe eXpre
as sion in trial.
10 But when he raised up bis head ] sa
10 tho very devil was to pay. Ills face wa
. of burning red, He seemed almost
, ,hDEn with rava His ewes vera boo