Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1854-11-01
self-Defence Triumphant.

AT the last term of the Orange County Court,
Now Yor, the following case was tried, upon
which the iury was addressed by the defendant,
who had concluded to appear in his own defence
Tur PEOPLE VS.. JAMES ALLERToN.-Thls
w,s very interesting case, rendered so from the
fact that the defendant acted as Ibis own lawyer
on the trial. without having the advantage of be-
inc one of the legal fraternity. His Summing
nn ,, of which we are able to give nearly YER
ha,;m renort with the exception of the acting
,.,s der;dediy rich, and afforded much amuse-
ment for the legal gentlemen present. The de-
Gondont ybo is a small, red haired thin specimen
n i. Yankee. was indicted for an assault and bat
,sry On one MIR. Dodder. The facts, as dvulged
nnon trial are briefly as follows: The defendant
is in the empoy of the Mongaup Valley, Forrest
bnrg and Port Jervis Plank Road Company as a
toll sgalberer and resides npon the road, some
miles above Port Jervis. He and the complain.
ant Mr. Dodder. are near neighbors.
On Sunday in February last the defendant
saw the complainant in the act of beating his (de,
feudant's) cows along the highway, ana, as an in
ducement for him to quit, hurled few stones al
him. one of which, as the complainant testlhes
struck him on the back Of the neck.
The testimony being concluded, the defendant
addressed the jury as follows:
Gentlemen of the jury don't know much
about law, and since the trial has been gong on
have concluded that ought to know little more
ought to apologize perhaps for appearing IN my
own defence, and will do so by telling you that
feed one lawyer and hired another in this case
but they both come up missing when need them
most. suppose | migh have secured the ser,
vices of some of these other "limbs oil the law
that see around me, bat, having been cheated
by two of 'em, concluded to 60 1t "on my ow1
hook" and here am! want to tell you, gen
,lemen, before go further, that it is not my fanl
that this case is here taking up the time OF TINS
honorable court. think you will give me credit
for telling the truth when say that 1t ought ia
have been tried before Justice OF the Peace, II
being better adapted to the capacities OF such a
court than of this After this difficulty Dod-
der did get warrant for me from squire Cudde-
back. over in Deerpark. He then charged that
had insulted him but five or SIX months have
freshened his recollection, and he now says that
assaulted and battered him. believe there is
some difference between the two charges.
Dodder says he swore 10 the complaint before
Squire Cuddehack, and leave it for you 10 say
whether he tells the truth now in saying that |
battered him. | was taken by constable before
ashamed of what he had already done or hadn't
time to attend to it, don't know which. 1t went
dawn. Two or three weeks after that was ar
rested again, and, my wife having been confined,
thuurht il best ,as dutiu husband, TO be around
hum. SO GOT rid of it by giving security for my
appearance to court.
You know. gentlemen, that am in the employ
Of the Mongaup Valley, FoTeslburg, and Port
i. ID D,ol o., q nat a
This company, il seems, had sufficient confidence
in nv integrity and honesty 10 place me In that
important station. and even II | should receive
So 600 and steal 81 800 of it. that's between me
and the company, and its none OF Dodder's busl-
ness Now, when The company sent me up along
this road to collect tolls, this Dodder was one of
the inhabitants found there in the woods, and |
will saw for him that he is very fair specimen
Of the population. But there isn't any OF them
tb,, seem to appreciate all the benefits of this
plank road -,
nov.r heGre rea,,yt5 tie idea that there was such
th;no as civilzedljfe. and this Dodder is one of
tbem Il is fact hat soon after / moved there
q vounp woman, Il years old, cum down out of
the maintains on tie plank road one day and said
sbe had never beer out before. She fairly seemed
surprised to see White man, and after asking
few questions wen back into the woods. Ihis
Dodde der was my ncrest neighsor, and good deal
nearer than waned him. and hadn't been
there long before Iheard he had been lying about
me to one of the directors, and soon found ous
that he wanted toget his son, who was sworn
here against me, il my place. But he hasn't
done it yet, and if you don't convlc1 me reckon
he won't very soor.
1t won't take lolg to dispose of Dodder No <
Ie testifies that hi saw me throw three stones at
his father, and saw the "old man dodge" On
his cross-examnalin he says that he was IN his
own house in the woods, and had to look over
hill twenty feet hsh. and also over three Sito eh-
ces and two stone vallsl Well, 1t be lelis ',e
truth, all wish is that ! had young Dodder's
eyes He is cerhinly a repH,rha,o,'e I, ooy' ana
can't consistently hny his yat!nT'
am willing to admit tai ola wrong 10 '"row
stones at Dodder aid Japooglze 10 al m Inc world
and this court PARTIALLY, tor II. Inc doctors
tells us that there aytwo causes iof all diseases,
predsposition and Reliability. thlnk 1t was
the latter cause ut moved me to stone Dodder.
therefore CONS myself guilty of the assault, |
but The bate deny; and if you ind me guilty
of the batter will appeal from the decision to
II the &C Conrt dhigh Heaven itself before | will sub
M Now entlemen, you saw MIR. Dodder and
hoard b;r swear against me. | asked him
,re,t my questions, and | was sorry to hear
him ans ser as he did might have asked hun
If no AIT kill my cat and if he didn't stone my
choke because they trespassed in his woods,
,yhere ctualIy the rocks are so thick that the
bra can't find their way through them; but
then knew he would deny and it would greve
mo ihear him. He admits hat he was driving
nv Zee cows up the road and that he struck at
,rof 'em, but says it was with small switch.
Ave proved that this switch was a pole about
IN feet long and about three inches across the
utt end, and have also proved that when he
ruck the COW fell. 1t tis true my witness couldn't
wear that the stick hit her. he was SO far off; {
ut take the blow and the fall together and we
IN guess the fest. If you gentlemen, should see {
e point gun at man and pull the trigger, see
he flash and hear the report, and at the same
me see the man drop, | think you would say
lat shot him, although you might not see the
Ill strike him.
Now, the fact is, gentlemen. that on Sunday a
as lying on my lounge in my house, when my
ife said to me that Dodder was chasing my COWS
jumped up and pulled on my boots and went out T
doors and saw Dodder and the cows coming up o
e road. 1t is true, he says, he was not driving II
EN-, but he says he and the cows were both 90 V
q along the road in one direction, and this was o
near as | could get him to thecows or the truth v
t is proved that the COWS were going ahead of II
IN, and he was following after them striking at "
Elm ith this little switch ten feet long, three II
,hes across the butt, and guess you'll think he n
Is "driving" them. | sung out to him, "Dod.
r, stop!" but he didn't obey my order, and :,
It threw stone in that direction, which went 8.
out 0 feet over his head, at the same time 90 T.
toward him, while he was coming toward me. 10 10
paid no attention, and sung out again" Dud- " "
!, stop!" Sill he didn't mind me, and then ~ ~
t threw another stone bat on he came and on ~ ~
mt, and threw the third stone, which he says i;
him in the back of his neck, but which / l"
nix is rather strange, as we were going toward