Evening star. [volume] (Washington, D.C.) 1854-1972, 1854-10-17
EVENING STAR.
Every Man His Own Lawyer-seIf Defence
Triumphant .- g., -

at the last term of the Orange Co. IN. .SY91
Court, the following case was tried, upon which
the jury was addressed by tho defendant, who
had concluded to appear in his own defence
The People rs. james gAIter.on -Tuis was
very interesting case, rendered 50 from the
fact that the defendant acted as 'shis own
lawyer" on the trial, without having the ad-
vantage of being one of the legal fraternity.
his summing up" of which We are able to
give nearly verbatim report, with the excep.
tlon OF the acting, was decidedly rich, and
afforded much amusement for the legal gen.
tiemen present. The defendant, who is small.
red haired, thin specimen of Yankee, was
indicated for an assault and battery on one
Mr.. Dodder. The facts, as divulged upon trial,
are briefly as follows; The defendant is in the
employ OF the Mongaup Valley, Forrestburg
and Port Jervis Plank Road Company as a toll
gatherer, and resides upon the road, some
miles above Port Jervis. He and the COM
plainant, Mr.. Dodder, are near neighbors
On Sunday in February last, the deft saw
the complainant in the act of beating his (deft's)
cows along the highway, and as an induce
| ment for him to quit, hurled few stones at
him, one OF which, as the complainant testi.
tied. struck him on the back of the nc ok 81
The testimony being concluded, the de-
| fendant addressed the jury as follows
Gentlemen of the Jury: don't know much
about law, and since the trial has been going
on. have Concluded that ought to know a
| little more. l ought to apologize, perhaps
for appearing IN my own defence, and will do
| 30 by telling you, that l feed one lawyer, and
hired another, in thus case but they both come
| up missing when l need them most 1 sup
pose might have secured the services of some
Of these other limbs of the law that | see
| around me, but having been cheated by two
Of 'em, concluded to go it son my hook, and
here am want to tell you, gentlemen, be-
fore 90 farther, that it is not my fault that
/ this case is here taking up the time of this
| honorable court. think You will give me
credit for telling the truth when say that it
| ought to have been tried before, Justice OF
the Peace, it being better adapted to the ca
pacities of such court, than Of this one At
| ter this difficulty, Dodder did get warrant
for mo from Squire Cuddeback, over in Deer
park. He then charged that had insulted
| him, but five or six months has freshened his
| recollection, and he now says that l assaulted
| and battered him. [ believe there ia some
difference between the two charges
Dodder says he swore to the complaint be-
fore Squire Cuddeback, and I leave it for
you to say whether he tell the truth now in
| saying that 1 battered him. 1 wac taken
by a constable before the squire, and
either because the Justice was ashamed of
what he had already done, or hadn't time to
| attend to it. l don't know which, it went down.
| Two or three weeks after that was arrested
| again, and my wife having been confined,
| thought it best as dutlful husband, to be
around hum, so got rid of it by giving secu-
| rity for my appearance at court.
You know, gentlemen, that am in the en-
ploy of the Monsaup Valley, Forrestburg, and
| Port JerViI Plank Road Company, as . gate
keeper. This company, it seems had suffi-
cient confidence in my integrity and honesty
| as TO place me in that important station, and
even If should receive S., 600 and steal 81. 800
of it, that's between me and tho company
and its none Of Dodder's business Now.
whom the company sent me up along this road
| to collect tolls, this Dodder was one of the in.
| habltSnts / found there In the woods and
will say for him that he is a very fair speci-
men OF the rest Of the population. But there
| isn't any of them to appreciate all the benefits
| Of this plank road. r... r,s ssl .s,r r- ..
1t let out to civilization class of people
| who never before realized he idea that there
| was such thing as civilized life, and this
Dodder is one of them. 1t is IA ,t that soon
| after l moved there, young woman, IL years
old, come down out Of the mountains on the
plank road, one day, and said she had never
| been out before. She fairly seemed surprised
| to see white man, and af,er asking few
questions, went back into the woods. This
Dodder was my nearest neighbour, and good
deal nearer than L wanted him; and hadn't
| been there long, before heard he had been
lying a9out me to one of the Directors and /
sosn found out that he wanted to get his SON,
who was sworn here against me, in my place
But he hasn't done il yet; and if you don't
convict me, reckon he won't very soon.
1t wont take long to dispose of Dodder No.
| 2. He testifes that he saw me throw three
stones at his father, and saw the ss old man
dodge" On his cross examination he says
that he was in his own house in the woods,
and had to look over hill twenty feet high,
and also over three slab fences and two stone
walls. Well, if he tells the truth, all wish
is that had young Dodder's eyes. He is GER
tainly remarkable boy, and can't consist
entity deny his 4" tatiier.' '' Il, = .'
l am willing to admit that done wrong to
throw stones at Dodder, and apologize to all
the world and this county particularly, for it.
The Doctors tell US that there are two cases
for all diseases; prsdispositio and excitabilty;
l think 1t was the latter cause that moved me
to stone Dodder. | therefore confess myself
guilty of the assault, but the battery I, deny;
and if you find me guilty of the battery viii
appeal from the decision to the Court of High
Heaven itself before 1 will submit to it.
Now, gentlemen, you saw Mr.. Dodder and
neard hlm swear against me. L asked him q
great many quest. ons; and was sorry to hear
him answer him as he did. L might have
asked him if he didn't kill nay cat, and if he
didn't stone my chickens, because they tres
passed in his woods, where actually the rocks
are so thick that the brakes can't find their
way through them; but then knew he would
deny it, and it would grieve me to hear him
He admits that he was driving my three COWS
up the road, and that he struck at one of EN-,
but says it was with a small switch 1 have
proved that this switch was pole about 10
feet long and about inches across the butt
end, and L have also proved that when he
struck, the cow fell. 1T is true, my witness
couldn't swear that the stick hit her, he was SO
far of, but take the blow and the fall together
and we can guess the rest. Ii you, gentle
men, should see me point gun at man and
pull the trigger, see the fash and hear the re-
port and at the same time see the man drop,
l think you would say that shot him, al
though you might not see the ball strike him.
Now, the fact is, gentlemen, that on Sun
day was laying on my lounge in my house,
when my wife said to me that Dodder was
chasing my COWS jumped up and pulled
! - ~