Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1856-11-08
From the N. x. Irish Ecws.
Great Legal ConM Ovtvsy,
INFORMANT TffA1 rsrsu; SOUTH.


known in the annals Of litigation 1t was
tried before the supreme Court of the Peo-
pie by jury duly elnpannelled 1t was
an action Of trespasa (quare csaasum fregiD
brought by a Mr.. North against a very
beautiful lady named South, for the destruc-
ton of certain fence or boundary wall, and
damage feasant, caused By the black cattle Of
the Defendant straying into and enjoying
the green pasture land Of the Plaintiff.
The defence was an absolute denial Of an0
cause of action. Mrs. South averrcd thai
the land did not belong to the plaintiff, but
had been left for public use and benefit as
an unreclailned Common. The Plaintiffs
privileges therein were not paramount to her
| own, and her black cattle were free to uso
the same, without hindrance or molestation
from Plaintiff or any one in his behalf.
Eminent counsel appeared and conducted
the case for the respective parties. The en-
quiries, during the progress of the trial.
took wide range The most prominent
were
Who put up the wall
Who Knocked down the wall ?---includinr
IN examination into the law of knock down
in general.
On this point. counsel cited Brooke. GA
Capital Offences; Law Of Summary Pro.
ceedings; Cane, on Assault and Battery 49,
And, whether the knocking down the wall
was not abolishing public nuisance !?
The testimony, on the various points III
volyed, was somewhat conflicting, but man
ifestly in favor of South North's Wit
nesses stated, that on the occasion of a GER
tain Miss Souri,, mutual relative of the
parties, more than thirty years ago, it WIS
agreed between Plaintiff aud Defendant tho
wall should be put up. 1t remained up. az
Ter beng erected, until Sou,h's people
Knocked it down.
On the part Of the defendant. many Wit
ncsses conyefsant with all the facts and cir
Ieumstanccs Of the case, testified that the wall
had been originally erected as matter Of
mutual convenience to both parties Witt
i'll very recent period, North agreed that
the settlers on, and cultivators of the waste
lands should determine for Themselves
whether they will erect fences to prevent in.
cursons or pasturagc of the black cattle
He, the Plaintiff having agreed to remove
the wall, still wanted to keep it up. contra
ry to his agreement. North aud siouth's
tenants had joined together and knocked the
wall down as useless ineumbrance.
When the testimony had proceeded thus
far, North could no longer keep silence 10
rose up, and said :
MAY it please the Court. I did rot cou-
sent to the agreement about the erection q
tho wall in the first instance. l was olr- $
posed to it. | directed my SCENTS TO oprrsse
it, But some Of them would not listen 10
me, and carried the measure through, After
the wall had been put up, however. .s!i.
not care much about it. one way nor the otaes
Here North was interrupted ty tfagr,t5
old fellow in court named Botta, y hp Nae
very much excited while North was scsaLipy
He roaied out !:
II think Dir. North lad better si; da,54
End net make a. fooi of biinaeF. ia
should leave III case in TIA hands OF A.s
counsel"
North. acting On this advice. took tho
hint and sat down
Mr. Wise, Of counsel for Defendant, tbon
addressed the Court. Hc said
Il hope this gentleman Bolts. shall not
be permitted to iuterrup. the proceedings in
this manner. 1requesi that he be not allowed
to make any statementa, unless on tho
stand az witness. ! propose 70 contraf:icg
auJ ilnpoaea his testimony fully and eonelu.
sircly"
Bolts attempted to reply but vas pycycns-
ed Try tho court comnanaing silence, aud
the Constables giving tim their imuaeisa.@
attention.
After the examination Of other wilness.r,
from whom much important testimony was
elected in favor Of South. aud much sparrinc
between counsel, as to the admission and
pertiuoncy Of certain documentary evidence.
as far back as l7S7-lS20. and 81 10 1850
and '5l--the counsel for the Uofcndsn.
rested their case.
Plaintiffs counsel, by way OF robu{ting
testimony. then called to the stand as Wis 4
ness,
John NJ. Dotts, who was examined al
great length, and occupied two whole days
in the giving of his testimony. This. was
owing to his great garrulity, and his staie-
ments about his own private and pcransl
quarrels. He seemed to be anxious h prove
himself great original Know Nothing =,
ffe had long ago, he said. before tho time
Of the great henry Clay declared, no knew
mo North, no South, no Notliing.."
lie appeared to be particularly yinlietiyc
agaifst 5lrs. South FROM the CIRCUMSTANCE
that she had withdrawn an agency he held
i'll her behalf at Washington. lie. said ho
knew that South wanted tho wall ur--an,t
then shc wanted i, down. In fact, in Ais.
opinion, South did rot knew her awn mind
on any subject was. very icklc and change
able.
Cross-examincd by Mr.. Wise Dselaes
to answer whether OF nes he has ma,ie q va
ger as 10 the result Of this cause, or whether
or not he is to be benefited if the plaintiff
obtain a verdict. Did know certain CAPT.
Tyler. Does hot remember Whether be faii
he would head him off or die. If he did saw
30, he must have headed him off, as lie,
Bolts, ID not dead yet, and does not mean
to die at all, if he can help it.
Knows thing or two about horses. Has
a large bet on a horae-raco soon to come off.
Has betted his money on hob-tail nag,
called Phil More, against South's stud, Old
Buck. Admits he has hedgsd, 30 "a 70
save himself, on Wcolly Iiofse. owned
and entered for the same raee by Abby I.isll-
on. Is very friendly with Abby. ThinAs
Mrs. South quite jealous Of her On his .c-