The Gonzales inquirer. [volume] (Gonzales, Tex.) 1853-current, 1854-05-20
An Irish Demurrer.

S'cl'hch " NcHlt WHny years KNOWN IN
Western Georgia and Eastern Alabama az an
eccentric teacher of youth according To the
liibernian fashion of the odcn time, stood In.
dictcd Mt the spring term of Chambers Circui,
Court, in the year 1854, for assault and bat.
terry on boy of tender years--not however,
pupil of our hero, but pert chap who met
Stephen in n bar.room and offered him some
indignity.
Being unable, or perhaps only unwilling, TO
give bail--for Stephen is "notionate" old
lellow--thc sheriff left Mr.. O'Kclly at large
on his parole dhoneur. When the case was
called, the presiding judge inquired Of the de.
fcndant, who represented him.
eyer honor! I'm without money, an sbn II
hav TO defend mcself"
"Ycu have that right, Mr. O'Kcly." said
the judge.
abe surc" responded Stephen. "An' I
want n so0dy thrinl, for I'm unable to give
bal an bein' in jail's no fun, yer honor"
Certainly, certainly! If you are in that
condition you shall have trial if possible"
"Only quaai, yer honor" said Stephen,
who plumes himself on the knowledge of the
have acquired at "2rinity College, Dubli,." /"
"Only quasi; because the sheriff has the
charge ov me, nn kapcs me cons'hwctirely in
y"'', ",c""Se ia'""ei Hotcl' ~ 9E0sSi, yer
honor"
S;The. State, "by its Solicitor" had by this
time got the witnesses for tho prosecution
within The bar, nnd announced ready" just
nj ilis 'jnncturc some one whispered To Ste.
p'len chat the indictment was demurrablc in
this, that instead of alleging this offence 20
have been committed before the finding of the
indictment, itswas laid to have been done he
fore the iilingce that document. Mr.. O'K,ly,
from the hurry5N the moment, only partially
understood the ARpsgcsiions; but il was quite
enough for him that the instrument was sup.
posed TO he defective. Verbal inaccuracies of
all sorts he processes to abhor. So Stephen
announced "ready," too.
Go the jury on my lcn," said the Judge
w has says the State 10 the juTy?"
xalisiied, said The solicitor.
s.eWhat says pe defendant TO the jury!"
Il xFtt'Niver word, yer honor---no mothers son
ov, EN- will iver have say on the bit of pa.
per hohl in me hand, an which il would be
swaistin' good word to call an Indictment.
claim me dcmur.r-rcr.rr!' no added with
groastboldness, energy and JUNCTION, and with
q roar OF RS in the word demurrer which was
truly imposing.
81 The solicitor prckcd up his cars.
court.
Stephen squared himself, in rather puglistic
style, and with hat and cane in one hand and
the indictment in tho other proceeded:
Mag II place yer honor, for forty years its
been me lot to be ingaged in ins,hructin' the
youth OF this country in the classics. tho
mathematics, and in littlierychure generally.
Me juvenil days wor spent among boys; mo
manhood's prime has been ingaged in bancin'
knowledge inter their heads; and in me old
age II goes 10 me heart 10 ise prosecuted for
illlipp;n' tho nose Of switch az n lad that
was misbehavn' inthircy But the thing that
mostly pains me fcelins, yer honor, IL bein
brought inter the presence of yer honor by
the myr-r midons Of the law, on charge set
forth IN langudge so vague and intcchnical.
Yer honor, the hit ay paper In mo hand ractes
that Staphen OKelly is guilty Of striken' and
batin the boy, aud that's bad enough yer hon.
or! But it gifts better nivcr so fast whin il
talks of smorn grand jury .flja bill, instid,
yer honor, like Christian mon that had been
instructed in their humanities, usn the ter
r-r'm .ft'din tho bill. l'm glad, yer honor.
Ire no responsibility for tachin any av EN-.
and"
"Thatl do, Mr.. 0'Kelly," interposed the
judge; :" think see yer point What says
the StatcS"
The solicitor remarked conyersationally that
he thought the Indictment. under the code.
was good. There wasa nero htpsns ,,enna as
to single letter. Perhaps, " he added laugh.
ihgly. II might be cured by the application
of the maxim ,ab,imis non cufut le1h
Stephen couldn't stand 80 much Latin with
out taking hand.
Yer honor he exclaimed exctelly--"thc
very maxim of the law that plan, mcsclf np.
on. The htpsHs lo8am shall not work, yer
honor, tho INJURY as the suhlick there shall
he no snicndmenis, yer honor in this fray
coun,hry against tho liberty OF the citizen
And, Yer honor, watts more raiSunable con.
sihrnction Of dt M1ajmis nea curdt ier. than
that al old ,achcr may spdBh % ittis bon
Ik a'Hslats nor ctrdt ket IL e,r,tii law an good
Latin, Yer honor. an the giiin av tho bill is
neither the one nor the other. An, yer hon.
or--l'e added with Increased dignity y-"i stand
upoa nee d,mur@e.r-er.r"
Thecourt sustained the demurrer ant, ouash.
c'l the Indictment; whrreupon Stephen, hay.
ing offered "mc compliments 10 your honor. ;"
and i'owvd pa,ronisingly To the solicitor, with
hs; Ia one hand and stick with the crr,cifenn
head in the other, withdrew ifom the court
ithc solicitor declining tn bind over.l ,o tell
croad of his friends IN tic loi,liy tia, hc waA
8 saved in,hlrely hy his lath,mn knowidsc Of
the kneliSh aIfd Latin tongues an Sian,li,,.
like the rock sv Gibraltar ~, ls ,ieanur.r.t.ey,
r.s - Montgomery (Jial nfii
.--.a-.-.s-.--.ass.---. --.-a-.-.a.-.-.
A D,noarn --"wcll, my son, can you sise
me some supperv
reckon not ws hsini no meat. nor We
hAiai no htcssl. nor nc hahn, no lsscrs"
We'll, van can rtVr tnS he'd sanI 49,, ~