Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1856-02-15
IRAsBURGH, VERMoNT FRIDAY, FEBRUARY Is. 1856

The next morning after our arrival
the case was called, and, in the presence
of more crowded auditory than Ouda-
mon County Court House had ever be-
fore contained, Mr.. Flourish opened for
the plaintiff.
The evidence was brief, but decidedly
to the point. 1t consisted chiefly of Sc
ries of letters from the defendant, which
established, very cOnclusively the follow
ing facts: first, that after long and as
siduous courtship, on his part, she had
giventhe plaintiff an unequiyocal promise
Of her hand and heart; aud second, that
some time after, and when Sam had al
ready commenced his arrangements for
their union, she had dismissed him in a
manner equally decisive, and had ever
since persisted in treating the whole mat
ter as a tiresome jest, which none but
the very dullest suitors would ever have
considered earnest.
Here the plaintiff rested. Evidence
| for the defense there was none, for the
nature of the case rendered it impossi-
t bic. Miss Bessie could hardly deny her
own delicate handwriting; and it was in
vsin to attempt showing anything in the
life or conduct of the staid, sober, pros
porous lawyer which would justify the
breaking of a solemn engagement.
Squire Littleton, therefore, who was
his daughters only counsel, addressed
, himself at once to the jury. He spoke
to them not so much as an advocate, as
in the manner which became and old man
reasoning with his neighbors. All that
the plaintiff had shown, he said, was un-
| doubtedly true. It was his hard lot tc
stand there, in his old age, and confess
that his darling child had done much tc
grieve fond parents heart. She had
committed what, in his own eyes, seemed
a grievous sin; for she had broken her
word. But this, he argued, was not the
place or the manner to punish such often
ces. The law of contracts never was
, to be a substitute for the tribunal Of con-
science. If the plaintiff could show that
he was pecuniarily the loser by her tickle
ness, the jury might compensate him
If he could show that any more advan-
tageous match had been lost, any pros
pect of advantage been bIighted, any out.
ward loss or suffering entailed upon him
these were matters of which they might
properly take cognizance. But of this
there was no pretense. The injury in
ficted had spent itself in the inmost
heart. That it was an injury, a deep
and calling one, he most humbly confess
ed; but it was one which could not be
estimated in dollars and cents. The
highest verdict claimed could not mend
the plaintiffs heart one whit; the lowest
possible would more than compensate his
pocket.
All this seemed to me very good sense
and yet I was convinced that it would
have but little weight with the jury. In
private life those twelve men would each
probably have reasoned in the same
manner; but in the jury box they felt ii
their solemn duty to compensate, with pc
cuniary damages, all the suferings and
evils Of the world.
Flourish knew well this idiosyncrasy
Of jurymen, for it is one by no means
confined to the panel of Oudamon coun-
ty; and be framed his reply accordingly.
Under the charm of his fervid eloquence.
Sam (who, in rugged health, and with a
, bag full Of briefs, sat just behind him)
became the most detected, the most blight
ed, the most broken-hearted of sufferers
Bessie (who sat on the other side, with
that same bewitching smile as of old
: rendered only still more fascinating by a
5 puzzled look, as hardly knowing whether
. to laugh or cry,) grew into the most art.
full and dangerous of foes to human hap.
piness, whose power for i'll those intelli.
: gent jurymen were called upon to de.
e stroy, by the aD-powerful spell of exem
: plary damages.
Mr. Flourish wiped the perspiratior
from his brow, and sat down; and the
jury were charged in the most approved
manner.
? If the gentlemen of the jury were
a convinced, said his Honor, that the plain
e tiff should have verdict, they would, 0
e course, give him one, unless, in the exer
else of sound discretion, and upon
4 careful review of all the facts in the case
1 they thought fit to find for the defendant
t As for the measure of damages, that, 0
L course, was entirely within their prov
s ince; yet, at the same time, he might b,
e allowed to suggest that if they took on
e view of the case, those damages Nigh