Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-07-24
Early Indiana Trials.


NOS. a
AS | was on my return home from
indianapolis, accompanied by my
friend the late George IL. Dunn, We
stopped at little shanty tavern in the
woods between Little Blue River and
RushvilIe, to stay tor the night The
landlord | call Pe-ry Laden. We
had good open log fire, a tolerable
supper, and took our seat. We were
cvidently strangers at the inn.
The landlord, who was a small,
frisky, run about fellow, eyed us for
some time, and ut last drew up his
'splint- t-bottomed chair and commenc-
cd .Are either OF you lawycrsS'-
''Yes, both ofus." ''Ihcn you are the
very men want TO sec II have a
lawsuit for you" "What aboutY'-
"The man that keeps the tavern in
sight down the road, (whom / call
Eizy G. Lee,) has slandered me the
worst kind" "Indeod, what did he
say TO you?" "Ho says ! feed my
tavern with stolen pork." Perhaps
he was only in fun" s'Not he, 1t is all
done to get the travelling custom to
his tavern This looked plausible,
and US | practiced in the Rush Cir
cult Court, the matter began to as
sumo serious, business IKE charac-
ter, as thought myself somebody in
SANDER cases, although "Starkie on
SANDER" in two volumes, had not
then met the eye of the profession
We generally. carried with us, on the
circuit, 'sEspinasse's Nisi Prius," and
Peaks Evidence" with dog cars
turned down ateach heading. Judge
Dunn was my senior in practise, and
had some experience in the difficult
les that sometimes embarrass counsel
upon the trial, when, for the first
time, they learn that their clients
only told the truth as for as they
went, but forgot to tell the Whole
truth, which alone would enable them
TO meet the true state of the case be-
fore the court. zone 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 neighbor might have
made up his story against you
q Never, never killed a hog in the
woods in my life; besides l can prove
my character from boy, by Captain
bracken. This settled the matter
Ia favor Of the action. Judge Dunn,
living at Lawrenceburg, and not
in Rushville, the case was
given up to me; the fee agreed upon,
twenty dollars certain, and one half
OF the damages contingent. The case
was brought at the next term of the
conrt, and Captain Bracken subpn-
nacd to prove the good character from
of my client. My expecta-
tions were high OF the large damages
that was TO derive with my client;
/ had red OF $4,000, SlO, 600, s5, 900,
and such vcrdicts in aggravated cases
OF SANDER. Tho court came on, my
case was called. "A rule for plea"
says l.. plead instanter," says James
for defendant. Hand the
plea to me, Mr.. Clerk" says 1. The
clerk handed over theplea. A single
glance satisfied me that there was
trouble ahead. The plea was 'jus-
Of the words, and charg-
ing the stealing of two hogs on my
client, the propriety Of some one un-
known. | told my client the sub
stance of the plea. "It is all lie,
they cant prove 1t, and if they do
Capt. Barcken will clear up my char
acter OF course took issue on the
plea. A jury was called, and Mr..
harden called to the witness stand a
girl that had lived with my client at
ono 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
before daylight on a sled; and said
that he could kill enough for his win
ter's meat for the whole family
'How Isl this, | said in his ear. ASK
her what l said when / came home. I"
/ put the question. ''He said as he
had cut off the heads and legs OF the
hogs, and had skinned them, nobody
could tell whether they were deer or
hogs" My client seemed pleased
with the answer to this question:
"Now call up Capt. Bracken, and he
will give my character" captain
Bracken, stand up and be sworn
Are You acquainted with the plain
tiif, and how long have you know
him. III have known HIM from q
boy. "What Is his character"
w Wcll, no always dealt fair enough
with me" "but for honesty; you
never heard any thing against him
for honestly" well, can't exactly
say that; he stole a fine hog from me
that had killed and hung up In the
smoke house; | tracked him next NOR
ming, and found the hogath his house. "
Rarlden laughed aloud, and my head
fell at least forty degrees. Tho case
was closed before the jury. The
proof WIS positive. sprang to my
rect, and addressed the Court, ~ ask
the Court to instruct tho jury, that
before thcy could find for tho defend.
ant tho evidence must bo so strong
that ii tho plaintiff was on his trial
for stealing tho hogs, they would send
him TO tho ponitontlary?' al admit
that TO be the law; let tho jury take
the case said Mr.. Rarlden. The
Jury retired TO their room, and the
Court adjourned. | walked silently
70 tho tavern, amid tho jeors OF the
lawyers, and tho exultation of my
competitor for the verdict. The jury
were out all night, and just as the
Court met in tho morning, returned
with a verdict Of zone cent damages
for tho plaintiff, The defendant
rushed up TO mo and tenderod the
cent. Mr. Rariden most indignantly
A A. n. a. ~ =