Daily Davenport gazette. [volume] (Davenport, Iowa) 1854-1855, 1854-11-15
n. n,ahest Court sssns outl

", thu recent term of the Orange County
court. N. York, an amusing scene occurred'
James Arlington, who i described a. az
IL, red.headed Yankee, on being called upon
for nj. counsel stated, that he had feed one
lawyer and engaged another, but a. ooth
had turned up missing, he had concluded 70
try the case himself. We omit the tesu-
monv. which was remarkable for the nun'-
Der and pointedness Of the times that NO
caused the witnesses to commit Themselves
and proceed to his charge to the jury no
District Attorney, we would remark, re'us-
ed to be pitted against his eloquent oPPon'
ent and let the case go by default =
"Gentlemen Of tho jury: This is the
first time was ever in such pickle-nev-
er dill before appear before jury OF my
country. This Mr. Dodder has brought me
here, and have to appeal to you, not know
ing whether you are Woolcy Heads, Silver
Crews, Hard Shells, or Soft Shells. Yet
think this Dodder will find out before ! am
through that ! am harder she'll than ne
imagined.
You know, gentlemen, that am in the
employ Of the Mongaup Valley, Forrest
burg and Port Jervis Plank Road Company.
as d gate-keeper. This company it seems
had sufficient confidence in my integrity
and honesty TO place me in that important
station, and even il should receive $4,000
and steal $1,000 Of it, that's between me
and the Company, and its none Of Dodder's
business. New when the Company sent me
IN along this road to collect tolls, this Uod-
der was one Of the Inhabitants ! found there
in the goods, and will say for him that he
is a fair specimen Of the rest Of the popu-
lation. But there isn't any Of them that
seem to appreciate all the benefits Of this
Plankroad.
II let out to civilization class Of people
who never before had the idea that there
was such thing as civilized life, and this
Dodder is one Of them. 1t is fact that soon
after moved up there, young woman,
sixteen years old, came down out Of the
mountains on the plank road, one day, and
she had never been out before. She fairly
seemed surprised to see mkite man, and
after asking few questions went back into
the woods. This Dodder was my nearest
neiohbor, and good deal nearer than wan
ted him, and hadn't been there long be-
fore | heard that 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 if you don't con-
vict me l reckon he won't very soon.
Itwon't take long to dispose OF Dodder
No. 2. Ho testifes that he saw me throw
three stones at his father, and saw the "old
man dodge" On cross-examination he
says that be was in his own house in the
roods aud 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 l wish is that, had young Dod-
ders eyes. He is certainly a remarkable
boy, and can't deny his s.taher.''
am willing to admit that done wrong
in throwing stones at Dodder, and l apollo
gize to all the world, and this county par
ticu,arly for it. The doctors tell US that
there are two causes for all Diseases, pre-
disposition and excitablity. think it was
the latter cause that moved me to stone
Dodder.
Therefore confess myself guilty Of the
assault, but the battery deny! And ifyou
find me guilty Of the battery will appeal
ITOH Tic utSfsiOH W Tic SOUit VI Lixu MA
ven itself before will submit to it.
Now, gentlemen you saw Mr.. Dodder
and heard him swear upon me, asked him
great many questions, aud was sorry
to hear him answer as he did. might have
asked him more questlons--I might have
asked him if he didn't kill my cat, and if he
didn't stone my chickens, because they tres
passed in his woods, where actually rocks
are so thick that the cats can't find Their
way up through them; but then knew hi
would deny it, and it would grieve me tc
hear him.
He admits that he was driving my tire,
cows up the road, and that he struck at on.
of 'em, but says it was with small switch
! | have proved that this switch was pole
about ten feet long, and about two inche
across the butt end, and have also prove,
that when he struck the com feH 1t is tru,
my witness couldn't swear that the stick hi
| her, he was SO far off, but take the blow
and the fall together, and we can guess tn
rest. If you, gentlemen, should see mi
point gun at a man, AMI pull the ricker
see the flash and hear the report, and ht tn
same time see the man drop, think 20,
would say that l shot him, although yo
might not see the ball strike him.
i Now the fact is, gentlemen, that Sunday
| was lying on my lounge in my house
when my wife said that Dodder was chas
ing my cows. jumped up, pulled on IN,
boots and went out of doors, and saw bod
der and the cows coming up the road. Il
is true he says he wasn't driving them, but
suys, he and the cows were both going alon,
in one direction, and this was us near as
could get him to the cows or 10 the truth
but il is proved that the cows were going
along ahead of him, and he was following
them striking at them with his little switch
ten feet long and two inches across tn,
butt, and reckon you'll think he was dri
wing them. | sung out to him, "Dodder