The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1854-11-04
scLrDErESCE TRI,yNpuAST.

SELF DIi ENtE Nle NihA
At the last term of the Orange County
Court, New York, the following case was tri-
cd, upon which the jury was addressed by
the defendant, who had conclut ed to appear
in his own selfdefgnce
The Peopic rs. James illertoH.-This was
very interesting case, rendered SO from the
fact that the defendant acted as "hs 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 n verbatim report, with the eX-
ccpton Of the acting, Was decidedly rich,
and afforded mnch amusement for the legal
gentlemen present. The defendant, who is Il
small. red haired, thin specimen ofa.isnkec,
was indicted for an assault and battery on
one Mr.. Dodlcr The facts, As diyulgcd up
| on trial, are briefly as follows: The dclcn-
dnnt is in the employ of the Monsaup Valley,
Forrcstburg, and Port Jervis Plank Road
Company as a toIl.gathoror, and resides upon
the road, some miles above Port Jcryis. He
and the complainant Mr.. Dodder, are near
ncighbors.
On a Sunday in February last the dcfen-
dant saw the complainant u the act Of beat
| ing his (lclcndant's) 60 along the high
| way, and. as nm induccmcnt for him to quit,
hurled few stones at him. one OF which, as
the complainant testified, struck him Oh the
| back Of the neck
The testimony being concluded, the dcfen.
| dant addressed the jury as follows:
! GeatLmca ot 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 ought to apologize perhaps for
! appearing in my own defence, and will do So
by tslliag you that ! feed one lawyer and hi
up missing when need them most | sup
pose might ave secured the services OF
/ some Of these other climbs of the law" that
| see around me, but, having been cheated 10y
| two of EN-, ! concluded To 20 it ION my own
! hook, and here am, want to tell you
gentlemen, before 80 further, that i, is not
my fault that this case is here taking up tho
| time ofthiS court. | think you will give me
credit for telling the truth when ! say that il
ought to have been tried bcior II Justice o
the Peace, it being better adapted to the ca,
pacitics of such court than Of this one.
After this difficulty Doddcr did re, warrant
for me from Squire Cuddoback, oycrin Deer.
park. He then charged that had insultcd
him but five or six months have freshcncd
his recollection. and he now SAYS that ! as.
saultcd and battered him. bell, W there is
some difference between the two charges.
Doddcr says he swore to the complaint be-
fore Squire Cuddcback, and ! leave il for you
to say whether he tells the truth now in say.
ing that battered him. was taken by a
constable before the Squire and either be.
cause the Justice was ashamed Of what he
had already done or hadn't time IN attend to
| il, ] don't know which, il went down. Two
ar three weeks after that was arrested
again, and, my wife having been confined,
thought it best, as dutiiul husband, to be
around hum, so go, rid of it by giving Sc
curity for my appearance to court.
You know, gentlemen, that an in the
employ of the Mongaup Valley, Forrestburg,
and Port Jeryis Plank Road Company as a
gate keeper. This company, il seems, had
! sufficient confidence in my integrity and ho-
nesty to place me in that important station,
and even if should receive $4,000 and steal
! 81, 800 oft, thnt's between me and the com.
pany, and it's none of Dodders business.
| Now, when the company sent me up along
this road to collect tolls this Dod1cr was one
of the inhabitants found there in the
woods, and will say for him that he is a fair
specimen Of the rest Of the population. But
there isn't auyofthcm that seem to appreciate
all the benefits Of thisplank road
| II let ont to civilization class fpcoplc who
never before realized the idea that there was
such thing as civilized life, and this Dodder
| is one of them. It's fact that soon after |
| moved there young woman, 17ycars old, cum
down out Of the mountains on the plank road
one day and said she had never been out be-
fore. She fairly seemed surprised to see n
white man, and after skiing few questions,
went back into the woods This Dodder was
my nearest neighbor, and good deal nearer
than wanted him; and | hadn't been there
long before heard he had been lying about
me to one of the Directors, and ! soon found
out that he wanted to get his son, who was
sworn here against me, in my place But he
hasn't done it yet, and ifyou don't convict me
reckon he won't very soon.
II won't take long to dispose Of Doddcr No.
.. lie tcstics that he saw me throw three
stones at his father, and saw the sold man
dodge" On his cross examination he says
that he was in his own house in the woc',s,
and had to look over hill tw"tntv-r :, nnich
and also over thee ST., fences and two stone
"'r'S' 'N'', il TIC teIis the truth, all Wish
Is that had young Doddcr's eyes. lie is
certainly a remarkable boy, and can't consis
tcntly deny his 'Ja,her" . ,..
i am willing to admit TINT did wrong to
throw stones at Doddor, and apologize to
all the world, and this court particularly, for
it, The doctors tell us that there are two
caascs for all diseases, predisposition and cx-
citabity. think it was tho latter cause
that moved me to stone Dodder. therefore
confess myself guilty Of the assault, but the
battery | deny; and il you find me guilty of
the battery will appeal from the decision to
the Court of high Heaven itself before will
submit to 1t. iout1IjlH5t,f Ir. H,l4t t... .
Now, gentlemen, you saw Mr.. Dodder and
heard him swear against mo. asked him u
great many questions, and was sorry to
hear him answer as he did. ! might have
asked him il lao didn't kin my cat aud if he
didn't stone my chickens because they tres.
passed in his woods, where actually the
rocks arc so thick that the brakes can't find
their way through them; but then knew he
would deny Il, and il would gricvc me to
hear him. lie admits that he was driving