Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1857-07-30
From the indianapolis Journal.l
Early Indiana Trials.
"REMINISCENCES BY HON. o. n. SMITH.

lie Blue River, and RuShyile. to stay for
the night. The landlord call Perry Laden.
We had good open log fire. a tolerable
supper, and took our seats. We were evil
IDENTIFY strangers at the inn. The landlord,
who was a small, frisly, run about fellow,
eyed us for some time, and at last drew up
his "splint- bottomed chair" and common
ced: care either of you lawyers" eyes,
both of us." Then you are the very men
want to see-I have lawsuit for you"
What about?'' The man who keeps
the tavern in sight down the road. (whom
call Ely c. Lee. has slanderel me the
worst kind" Indeed, what did he say
Of you?" "He said that fed my travel
srs on stolen pork" Perhaps he was
only in fun" Not he, it is all done to
get the travelling custom to his tavern. -
This looked plausible. and as | practiced
in the Rush Circuit Court, the matter be-
can TO assume a serious, business like char
acter. as I thought myself somebody in
SANDER cases, although "Starkie on Sian
der" in two volumes, had not then met the
eve of the profession. We generally car
RED with us, on the circuit. "Espinassee' S
Nisi Prius," and Peaks Evidence, with
dog-ears turned down at each heading
Judge Dunn was my senior in practice,
and had some experience in tho difficulties
that sometimes embarrass counsel upon the
trial, when, for the first time, they learn
that their clients only told the truth as far
rs they went, but forgot to tell the whole
truth, which alone would enable them to
meet the true state of the case before the
court. "One question more Mr.. Laden, ="
said Judge Dunn, ''did you never kill any
body's hogs by accident and bring them
home, out of which your neighbors might
have made up this story against you
Never, never killed hog in the woods
in my life, besides can prove my charac-
ter from boy, by Captain Bracken. This
settled the matter in favor of the action
Judge Dunn, living in Lawrenceburg, and
not practicing in Rushville, the case was
given up to me, the fee agreed upon, TWEEN
ty dollars certain, and one half the DANA
ges contingent. The case was brought at
the next term OF the court, and Captain
Bracken subpenaed to prove the good char
acter from infancy of my client Ny ex-
pectations were high of the large damages
that was to divide with my client; had
heard of $4,000, $4,000, 50 900, and
such, verdicts in aggravated cases of SANDER.
The court came On, my case was called
"a rule for plea" says |. plead in
stanter," saws James Rariden for defendant
Hand the plea to me Mr.. Clerk" says /.
The clerk handed over the plea. a siugle
glance satisfied me that there was trouble
ahead The plea was justification" of the
words, and charging the stealing of two
hogs on my client, the property of some
one unknown. told my client the sub
stance of the plea. 1T is all lie, they
can't prove it, and if they do Captain
Bracken will clear up my character" Of
course took issue on the plea. A jury
was called, and Mr. Rarilen called to the
witness stand little girl that had lived
with my client at one time, but had been
discharged some time before the trial. She
swore positively that my client had killed
two hogs in the woods skinned them, cut
off their heads and brought them home he
fore daylight on sled; and said that he
could kill enough for his winters meat for
the whole family. How is this" l said
in his ear. Ask her what | said when
came home put the question:
He said as he had cut off the heals
and legs OF the hogs, AMI had skinned
them, nobody could tell whether they were
deer or hogs" My client seemed pleased
with the answer TO his question. Now call
up Captain Bracken and he will give my
character" Captain B-aeken, stand up
and be sworn. Are you acquainted with
the plaintiff. and how long have you known
him." Il have known him from boy
What is his character?' Well, he al
ways dealt fair enough with me- But
for honesty, you never heard anything a
gainst him for honesty?" well | can't
exactly say that; he stole fine hog from
me that had killed and hung up in the
smoke house; tracked him next morning,
and found the hog at his house. Rariden
laughed aloud, and my head fell at least
forty degrees The case was closed before
the jury. The proof was positive.
sprang to my feet, and addressed the Court
Il ask the Court to instruct the jury, that
before they can find for the defendant the
evidence must be so strong that if the plaintiff
was on trial for stealing the hogs, they
would send him to the penitentiary?" 81
admit that to be the law; let the jury take
the case" said Mr. Rariden. The jury re-
tired to their room and the Court adjourned
| walked silently to the tavern, amidst the
jecrs of the lawyers, and the exultation Of
my competitor for the verde. The jury
were out all night, and just as the Court
met in the morning, returned with a YER
diet of zone cent damages for the plaintiff
The defendant rushed up to me and tender
ed the cent Mr. Rariden most indignant
ly stepped up to the foreman, How could
YOU find such a verdict" Upon your
own admissions "What did | admit?
Mr.. Smith said if we found for the defend
ant, we must send the plaintiff to the peni
Tertiary, and You admitted that to be law
SO we could not think of sending q mar
well off, and with a good tavern stand, tC
the penitentiary, for stealing two littl,
hogs, and poor ones at that" judgment
was rendered for one cent damages, anu
over 100000 costs. All my imaginar,
income from the verdict vanished. and the
next time | heard from the parties the tav
crn Of the defendant was advertised by the
Sheriff TO pay the costs. This case Ia,
occupied more space than | would hav,
liked, but it contains professional mora
worth