Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1857-08-06
from De IndiauApo'is Jonrnal.]
Early Indiana Trials.
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DooszRAY i
Shortly after this case, came on to be tried
before the Asso tate Juigs. Fugit and
Atkinson OF Decatur Circuit Court, a case
against man for refusing to vosl his two
days on asshocl house, the statute reau;r.
ing each "able bodied man" to work his
two days. The easecsme up on an appeal.
the fscetious James P. Brown FOR the de-
PENDANT, and bad the good luck to be en-.
ployed bv the school commissioners. The
cass was important, as there were several
other refractory cases waiting the result Of
this one. The case was submitted to the |
court; the evidence was conclusive, and | |
opeaeito the associateJ Judges, for the plain
tiff; Mr.. Brown arose with the greatest APP
parent confidence, addressing the court,
there is one point in the case that is con-
elusive against the plaintiff" "Where is
that?' says /. "You have not provedthat
my client is an able bodied man." As he
said it his client walked up and stood d.
reetly fronting the judges. he was a man
about six feet high, square shouldered, with
anarm as large as thsleg of common man,
immense whiskers. (mustaches were con-
fined at that day entirely to the French
bsr5ers.) '.Mr. Brown" said, els that
man your client" Brown gave him a con-
tsrnptous look. "Yes SIR" DO Won
contend that he is not an able bodied MANI"
May it please your honors, do not wish
to pivot my case on that point" The ar
glmsnt closed; the case was with the court
Judge Puget, 'sMr Clerk hand me the pa
pers; the jury will be discharged till morn
ing rs it will take the court all afternoon
to decide this case" The Judge spread
the papers and looked them over for some
time, and at length hogan by reading aloud
The summons, the subpenas for the wit
nssses and returns Of the constable aud
sheriff There is some informality, but
the court thinks they will do. We now
come to the great question of the case: Is
the defen liant an able bodied man? Yes,
1Ir. Brown; that is the question. You
plead well on that, bnt it was nothing but
the plea of a lawyer; You admitted
that the man that stood before us was
your client, and the. Court will take notice,
.fskio.' as the law books say. that he is
an able bodied man, and no mistake;
Judgment for two dollars" This was the
great lea ling case. AMI settled all Others
VI. clients paid my fee OF FIVE dollars, con-
graduated me upon the result. and years
afterwards gave Inc their united support for
Congress"
FAMILY DIFFICULTY. AND HOW IT WAS SET
TIED.
After went to Connersville, purchased
farm below town, and built a house, the
present residence of my friend Samuel w.
Parker. The builder was laying the foun-
dation one morning when my next neigh
Dor, Capt Larkin Sims, who owned the
farm Immediately adjoining mine. came
10 where [ was standing. "Good morn
Ing Dir. Saith: you are building new
house. It is said that lawyers houses are
'suilt an fools heads, but you will never
get inv heal under this foundation" Il
hope not, Captain and he passed on
Office, andremindei me of what he had said,
bat. says he. 81 have come to fee you-my-
self and wife. cannot live together any long
err" "Why Captain. what does this mean,
Won have got one Of the best wives know
among my neighbors. / will call down
this evening and see yoa both-there GER
tainlv cannot be anything irreconcileable be-
tween voa." The Captain left without a
word of reply. and that evening walked
down to his house. was met at the door
BIZ the Captain and taken into his parlor.
Sally, his wife, soon came in, and seemed
gla1 to see me. Each party related their
yreemants, with the cause, notforgetting
the most minute particulars. The princi-
pal cause of the difficulty, at least on the
surface, was that one morning Sally re-
quested one of her sons to take up the ash.
es from the fireplace. The Captain sent
him OF to plough. and Sally took up the
ashes herself. | decided that the Captain
was in the wrong. He smiled and said
nothing, but Sally perhaps too warmly
applaaiel my judgment. Ithen began to
suspect that there was more at the bottom
than ashes. Some days after, the Captain
callei and required me to file a bill of di-
vorce, on the ground that their dificulte,
were irreconcilable, and they could no long
e. live together. They had ten grown
children, several of them married, Will
flnilies. The bill was filed, the divorce
granted, the property and children equita
blv divided. and Sally moved to the house
ani part of the farm assigned her. The Cap
tain kept the house steady. and soon aftel
married young woman in Rush county
AMI brought her home, but the end was no
yet The Captain was soon laid low, a
al believed, upon bed of death, his young
wife refused to nurse him, and took he
household goods and left. Sally heard O
his con iitiOn, went to his house, nurses
him BY day AMI by night, watched over
confortci and encouraged him as in former
days. The Captain was finally restore'
to health. obtained a divorce from fisyou
wife. AMI few weeks afterwards, the sc
eont marriage vas soleninized between
those. who should never have been sepa
rated. They sold their possessions, an,
removed to Missouri; the Captain soon nj
ter was taken sick, and died. and his faith
ful wife. after nursing him through hi
las sickness, close Ibis eyes. and follow
ei his remainsto his last earthly restin,
place.
lH0er s5ef - f.f5 "a tra
ANAL PRACTICES CASE ND LEARNED W.T.