Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1853-05-12

my cnent behind me IN the bar, aud put
the case to the jury. The defendant
had pleaded justification, and not guilty.
lgoi along pretty well. thongh,, on the
proofs. The c.oss-examinalion of old
kasm dd'n, seem to me to hurt any.
Thing; though he quibbleG, misconstrued,
and bullied mighnly-objectec to all my
questions as leading, and all the witness
es' answers as prevalent; but the Judge,
who was Q very clever sort of man.
and didn't like Kasm much. helped me
along, and over the bad places, occasion
ally taking the examination himself, when
old kasm had got the statements of the
witnesses in fog.
| had strong case; the plaintiff show
ed good characteristics the lodge of
Masons had refused to admit him TO fell
lowship until he had cleared up these
charges; that the Methodist Church, Of
which he was class -learder, had re-
CURED Of him to have these charges ju-
diciousty settled; that he had offered 10
satisfy the defendant that they were false.
and proposed to refer it to disinterested
men, and to be satisfied, if they decided
for him, to receive written retraction,
in which the defendant should Only de-
clare he was mistaken; that the deleRd-
ant refused this proffer and reiterated the
charges will, increased bitterness and az
grava,ed insult, that the plaintiff had suf.
fered in reputation and credit; tha, the
defendant declared he iaeant 10 run him
off and buy his land at his defendants J
own price; and that the defendant was
rich and often repeated his ISLANDERS at
public meetings, and once at the church
toor. and finally, noU justified.
The defendants testimony was weak;
il did not con,rovert the proof as to The
speaking of the words or the matters of
aggravaiion. Many witnesses were ex-
amined as to the character of the plain
tiff; but those against us only referred to
what they had heard since the slanders,
except one, who was unfriendly. Some
witnesses spoke of butchering hogs at
night and hearing them squeal at late
hour a, the plaintiffs slaughter.house,
and of the dead hogs they had seen With
various marks, and something of hogs
having been stolen in the neighborhood
This was about all the proof. The plain
tiff laid his damages al $4,000.
| rose to address the jury. By this
time good deal of The excitement had
worn Oft. The tremor left, only gave
me that sort of feeling which is rather
favorable than otherwise to speaker.
| might have made pretty good on,
Of il ifl had not thrown myself upon
the merits of the case. acknowledged
modes,ly oe my own experience, plainly
stated The evidence and the law, and le,
The case go-reserving myself in the
conclusion for a splurge, if I chose to
make one. But the evil genius that pre-,
sides over the first banilings Of all law
yerlings, would have it otherwise. The
citizens OF the town and those of the
country then in the village had gathered
in great numbers into the courthouse TO
hear the speeches, and | could not miss
such an opportunity for display. Look
ing over the jury, found them plain
matter OF fact looking set of fellows; bu,
| did not note or probably know a facl
or two about them which found out af-
terward. started, as thought. in pret-
" good style. As | wen, on, however,
my fancy begun to get the better of my
judgment Arguments and common
sense grew tame. Poetry and declama-
zion, and, at last, pathos and fiery in
vec,ive, took their place. grew as quo.
ta,ious as Richard Swiveller. Shake.
speare suffered. quoted among other
things of less value and ap,ness. "He
who steals my purse steals trash," etc.
l spoke of the woful suffering of my
poor client, almost heart broken beneath
the weight of the terrible persecution oil
his enemy; and growing bolder. turned
on old Kasm. and eongrat ulated the ju.
ry that the genius of SANDER had found
an appropriate defender in the genius OF
chicane and malignity. complimented
the Jury on their patience, on their es.
timate of the value Of character; spoke
OF the public expectations, Of iha. feeling
outside of the box which would welcome
with laundering plaudits the righteous
verdict the jury would render; and then
wound up by declaring l had never, in
the course Of my practice, knew case
OF slander so aggravating; and felicitated
myself that its grossness and barbari,y
justified my client in relying upon eve n
the youth and inexperience Of an IN.
pracsiced advocate, whose poverty of re-
sources was unpaid by opportunities OF
previous preparation. Much more said
that happily has now escaped me.
When | conclud ed, Sam Hicks ant
one or two other friends gave fain
sigh of applause, but not enough to make
any impression.
Iobserved that old X asm held his head
down while ! was speaking; entertain.
ed the hope that had cowed him! His
usual fort was that Of cynical composure
OF bold and brazen defiance. Il was a
special kindness il he only smiled in
covert srorn; that was his mos, amiable
expression in trial.
But when he raised up his heao | saw
the very devil was to pay. His face
was of burning red. He seemed al.
most 10 choke with rage. His eyes
l. 4 n N a