Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1857-08-06
led his legs uuder the snimsl. brought him

tied his legs uuder the saimsl. brought HIM
back. and put him in jail. The pros
ecutor rested, and waived the opening
speech. May it please the Court, gentle-
mon Of the jury. one short hour ago could
have addressed you with pleasure and en-
tire confidence in the innocence of my eli
ent, but since that time the evidence has
been heard, and must confess that it is
well calculated to prejudice your minds a
gainst my Glen" Verdict of guilty
sentence two years to the penitentiary.
Lest the variety of these sketches should
invite criticism. let it be remembered that
one Of the greatest mysteries presented to
our minds is the unlimited variety stamped
upon all created things. Ask the astrono-
mer if he can point to two stars i'll the hrm-
ament of the same magnitude or briliiancy.
Ask the mineralogist if he can find two
pebbles precisely alike in every particular
and then step into the Hall of the House
of Representatives at Washington. and at.
ter looking at those columns OF beautiful
pebble marble that support the dome. an
swer the queition for yourselves. Ask the
botanist if he ever finds two flowers, or
even two leaves, that would bear the appli-
cation of the microscope. and still be a
like in every particular. Ask the pilot at
the helm if he ever crossed the Atlantic in
successive voyages, with even the trade
wind blowing upon his sails, with precise
ly the same force. Ask the navigators of
the polar seas, if ever they saw two ice
bergs of precisely the same altitude and
dimensions. Ask the divine if he ever
preached two sermons from the same text
precisely alike in manner anil matter. Ask
the farmer If he ever saw two fields OF
wheat with precisely the same number of
heads of precisely the same length, and
containing the same number of grains of
the same size Ask the anatomist if ever
he saw two human skeletons alike in all
particulars. Ask the surgeon if ever he
saw two fractures precisely alike. Ask
the physician if he ever had two cases that
were entirely alike in every PARTICULAR
Ask the mental philosopher if he ever knew
two minds that were precisely alike; and
then ask yourself, reader, if ever you saw
two faces that were exactly alike, after you
became intimately acquainted with them.
II these questions be answered as they mnst
be, then it follows that as mind governs the
J actions Of men, the same variety is stamp
ed upon all human actions, and hence the
unlimited variety of actions that are being
tried in all the courts of the civilized world.
/ The unwritten common law has long
since been declared by Lord Coke, great
, English jurist, to be the absolute perfection
of reason 1t is understood by all courts,
whose minds can arrive at tina. pefection.
The statute laws are continually changing,
, and present part ofthat endless variety that
occupies the time of the courts. Modern
: legislators are not content to let the estab-
lished and well understood statutes remain,
but under specious pretexts, as to reform
and simplify the laws as in this State,
{ introduce innovations that will take years
, to understand, and cost suitors millions
{ to pay the expenses of rc-educating the
lawyers. There never was very great diff
ficulty, on the part of well trained legal
mind, in deciding what the law is abstract
: ly. The great difficulty is in the applica.
ton of the law to the particular case. TIE
same remark applies with equal force to
: the medical profession. l had beloved
: brother, Moses B. Smith, NJ. D., of Phil.
I adelphia, whose remarks to me some years
3 before he died cannot withhold. / had
: been absent from Pennsylvania-my native
State-some eleven years, and returned a
, member of Congress from the Third Con.
gressional district of Indiana The sub.
. iect of the West naturally came up. and
with it the practice of medicine. My broth.
: err was a physician of great experience and
of high reputation--a student OF DIR.
| Chapman, and graduate Of the Penn
| sylvania University. Brother Oliver,
learn that the Homeopathic physicians art
getting into the West" They a;e. and
some like them very we'll" LET me give
thee (hc was an Orthodox Qaaker) word
of advice growing out of my long expert
ence." II will gladly rcceiveit." "In Sc
Letting your family physician. take regu
lar old school graduate, but ofthe best com
mon sense. ] would rather trust my life
with strong, vigorous. common sense Ho
mepathic or Thompsonian doctor, as much
as / am opposed to their systems, thar
with tho most scientific Allopathist, who
looks to his books alone, without tn,
n hSNNoooi, w manu- ttC cppiiOu
. ton. Almost everything depends upol
the judgment in the apple alton. Two
: physicians, regular graduates may taxi
!. similar cases; and hold in their hands TIN
same medical work, describing and treat
. ing the disease. The one will let his pa
. tient die, while the patient of the other viii
q get we'll. My next advice is, never EN-
. ploy physician who does not be punctua
!, to the minute in his calls. / owe mucl
. ofmy success to strict observance q
!. this rule. The mind greatly controls tn
!. success Of the remedy, and nothing affect
. patient more than to be disappointed b.
. his physician in his calls"
So it is in the practice of law. Every
# thing depends upon the application of tn
r law to the facts of the particular case. an
:, the variety OF these facts will continue t
e keep the Courts in session throughout tn
4 civilized world to the end of tins. Tn
- best lawyer is he who sees his case in a.
a its phases, SO as to distinguish it from al
i other cases, and be able to point out clearl
Il to the mind of the Court and jury, the Jill
II ference or similarity I'm principle. betvce