Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1857-10-08


The question of the Squire. Court arrived
the usual declaration, laying special dam
ages for divers to wits, one hundred sup
pers, and calico dresses too numerous
to mention, all Of them preparatory tc
the wedding, was fled. 1t was a pure
breach OF promise case without the com
mon aggravation. Plea "noh assumpsit -
James Perry and James Rariden for plain
tilf and myself alone for defendant Ny
client whispering "there she comes"
turned my eyes. and sure enough there she
was, a beautiful girl, large, rather feshy,
raven hair. dark eyes, rosy cheeks, mouth
! filed with beau tiful while teeth She walk
ed gracefully forward and took sea- be-
side her counsel. a jurywas empannelled,
Judge Perry opened with an eloquent ad-
dress TO the jury, and closed by asking the
full amount of 5000, claimed in the dec
laration. The Witnesses clearly proved the
marriage contract, which in fact my client
did not deny; one white muslin and two
calico dresses were positively proved, worth
three dollars, and there was some evidence.
but not satisfactory, of a gingham dress
with broad stripes. About the suppers
there is no question; it was proved beyond
controversy or the powers of argument, or
in the language of Gen. Gushing, il was a
fixed fact" Great preparations had been
made; six chickens had been roasted whole,
large dishes Of beans and potatoes, with a
boiled ham, turnips and boiled cabbage in
plofusion. The old lady dwelt with evi
dent delight upon the big cusiard pie that
she had made with her own hands,"
such as no other woman in the neighbor
hood could make, though she said it her
SELF" All this looked bad for my client.
and my case "We rest here. ''e's No ev.
idence TO cfer,' said l all had was be-
fore the jury, in what the 'wyers call pro
fert incuria. The case was opened by
Judge Perry in most brilliant speech of
some two hours. | followed and made
only two points in the case first that the
plaintiff had sustained no damages in con
sequence of my client breaking his engage
ment, as she could marry a much better
looking man any day second, that the cal
leo dresses would be needed in courting
other sweet-hearts, and the supper was
eaten by the intended bride and her friends,
and my client got none OF il. Mr.. Rariden
in the close assailed with all his powers my
position, but seemed to press upon the jury
the calico dresses and the extra fxins "
for the supper. The Court charged the
jury with usual ability but the moment
the Judge touched the calico and the sup
per, | saw it was all over with my case
Foreman" we fad verdict for the plain
tiff, three dollars for the calico dresses and
three dollars AID a half for the supper, to-
tai six dollars and fifty cents" Tie Court
Judgment on tre verdict. Gentlemen
of the jury you are discharged till morning,
with the thanks of the Court for your yer-
dict in this important case"
EARLY PRAcTIcE-sPECIAL PLEADING.
Quite early in the history of The Courts
in the third circuit, the science of special
pleading, as taught by the first edition of
Chitly, and Saunders Reports, was made
the daily study of the bar Daniel J. Cas-
well. and his partner, William c. Drew,
were at the head of the special pleaders,
and soon became terror to all plaintiffs
and their attorneys. 1t is said that on one
occasion they pasted a general demurrer
on the back of the docket at Versailles,
and got five dollars from each defendant
for continuing each cause, with leave to
the plaintiffs to amend by next term. Such
was the alarm. when they was employed,
that old John Allen, of Franklin county,
called upon Judge John Test, his lawyer.
about midnight, one stormy night, took
him around the corner of the house, and
whispered in his ear, "John, beware of
them demurrers | heard Caswell talking
about my case.'' One of these demurrers
was argued whole day by Charles Dewey
and Harmon II. Moore, two distinguished
lawyers, before the associate Judges, who
had just walked up" Mr.. Moore. do un-
derstand demurrer that it means dis
pute?" Moore, with indignation and con
Tempt" Yes, your honor" :" Then the
opinion of the Court is that demurrer go"
which way shall it go?'' :. Mr.
Moore, l will let you know that YOU are
not to ram your rascality down the jaSs of
justice in this Court; take your seat"
This was conclusive, and the entry was,
/" that the demurrer go.'
While we practiced on the Indiana side,
upon the strict rules of pleading of the
Kings bench, on the Ohio side went on
the other extreme, and maintained kind
of quasi oretenus system. A citizen of
Wayne county went over to Hamilton, pur-
chased several barrels of salt, and gave
his note under seal for the amount; some
sixty dollars. Failing to pay the note, suit
was brought in the Wayne Circuit Court
upon it. | was employed by the defendant,
and John B. Weller, now of California, ap-
peared for the plaintiff. The rest of the
Indiana bar agreed to stand off, in word
and deed, and witness the result. l was
to have five dollars for eoch time l could
continue the cause. The case was not
reached until near the close Of the term,
but was ultimately called. Mr. Weller de-
manded judgment. al ask oyer Of the
note Judge Eggleston-.The oyer must
be furnished Mr.. Weller-.I forgot to
bring the note with me; must continue
the cause Il consen. without affidavit,
and cause continued. Case called at next
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