The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-01-17

! crowded auditory than oudamon Court Hous
had ever before contained, Mr. Flourish opes
ed for the plaintiff
The eyidence was brief, but decidedly to th
point. It consisted chiefly Of series of let
ter from the defendant. whi,h established
very couclusively. the following actss IRE,
after long and assiduous coartship, on hi
part, she had given the plaintiff an uncqsivo
cal promise Of her hand and heart; and second
that some time after, when Sam bad alrcad,
commenced arrangements for their union, sh,
had dismissed him In q manner equally dcci
sive, and had ever since persisted in treating
the matter as q tiresome jest, which none bu
the very dullest of suitors would ever hav,
considered earnest.
Here the plaintiff rested. Evidence for th,
defence there was none, for the nature OF tht
caee rendered ID impossible. Miss Bessie could
hardly deny her own delicate handwriting; and
it was in vain TO attempt showing anything ia
the life or conduct OF the staid, sober. prosper
ous lawyer, which would justify the breaking
OF a solemn engagement.
Squire Littleton, therefore. who was bis
daughters only counsel, addressed himself nj
once to the jury. He spoke 10 them not 50
much us an advocate, as in the manner which
became an old man reasoning with his neigh
bors. All that the plaintiff had shown, he said
was individually true, II was his hard lot
TO stand there, in his old age, and confess tina,
his darling child had done much 10 grieve a
fond parents heart. She had committed what
his own eyes, seemed gricvous sin for she
had broken her word. But this, he argued,
was not the place or the manner to punish
snch la n ~
intened 10 he substitute for the tribunal Of
conscience II the plaintiff could show that he
was pccuniarly the loser by her fckIeness the
jury might compensate him. II he coald show
that any more advantageou match had been
lost, any prospect Of advantage blighted, any
outward loss or suffering entailed upon him,
these were matters Of which they might prop
ery take cognixance. But Of this there was
no prctcnsc. The injury inflicted had spent
itself in the inmost heart. That is was an ip-
jury deep and CALLING one. he NEST humbly
confessed but 1t was one which could not be
estimated In dollars and cents. The highest
verlct claimed would not mend tho plaintiff s
heart one whit; the lowest possible would more
than compensate his pocket.
Al this seemed TO me very good sense and
yet was convinced IL would have but little
weight with the jury. In private li6 those
twelve men would probably have reasoned in
the same manner but in the jury box they felt
il their solemn duty 20 compensate. with pecu-
mary damages, all the suiIcrings a;d evils of the
world
Flourish knew well this idiosyncrasy Of jury
men. for il is one by no means confined 10 the
panel Of Oudamon county, and he framed his
reply accordingly Under the chasms Of his
fervid eloquence, Sam (who in rugged health,
and with bag full Of briefs sat just behind
him. became the most detected the most blight
ed, the most broken-hcarted Of sufferers. B,s-
sic (who sat on the other side, with that same
bcwitching smile as Of old. rendered. still more
fascinating by puzzled look, M hardly knowing
whether TO laugh or cry,) grew into the most
artful aud dangerous of foes TO human happiness
whose power for IN those intelligent jurymetl
were called upon TO destroy, by the allpowcr
iul spell Of exemplary damages.
Mr. Flourish wiped the perspraton from bis
brow, and sat down aud the jury were charged
in the most approved manner .
lfthe gentlemen Of the jury were convinced,
said his Honor, that the plaintiff should have
u verdict, they would. Of course give him one,
unless, 10 the exercise Of sound discretion,
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in the name Of wonder then. how do yo,
ever expect 10 i,e eome-psa,ed for the time and
money spep, iu ge,tinr this verdict. >"
10 you reinemi,er thc 4s3d page of the
first volume Of Blackstone