Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1857-09-10

tions IN arrest of judgment for some defect
in the indictments The Judge, being a
good lawyer, decided. no doubt, correctly,
according to the written law; but the de-
cisions gave neither protection nor salts
faction to the people. The clamor against
the court reached the ears Of the Judge,
and he resigned, when Gen. Marston G.
Clark, cousin of Gen. George Rogers
Clark, and afterwards agent for the Kan
sas Indians, was by consent appointed
Judge to fill the vacancy on the bench
The General was nolawyer-was raised in
the woods of Kentucky, where there were
no school houses; could scarcely read a
chapter in the Bible, and wrote his name as
large as John Hancock's in tbs Declartion
of Independence. He was about six feet
four in his stockings, ola very muscular
appearance-wore hunting shirt, leather
pants, moccasins, and fox skin cap, with
a long queue down his back Court came
on; Judge Clark on the bench. The Jail
was full of horse thieves The penalty
was not less than thirty nine lashes on the
bare back. The grand jury returned into
court indictments against each of the pris-
ners Judge Clark-"We will try John
Long first, as he seems to be leader in
this business. Bring him into Court. -
Sheriff "There he sits; | brought him in
with me- "John Long stand up. You
are indicted for stealing an Indian pony;
guilty or not guilty." Counsel-"May it
please the Court we plead in abatement that
his name is j ohm H. Long" ''That makes
no difference; | know the man, and that is
sufficient" 1--WE then move to quash the
indictment before he pleads in chief. -
estate your objections. First, There
is no value of the horse laid. Second, 1t
is charged in the indictment to be horse,
when he is gelding." 81 know an Indi-
an pony is worth ten dollars; and shall
consider that gelding is horse; motion
overruled." Plea of not guilty; jury en-
panneled; evidence heard; proof positive;
verdict, guilty; thirty mine lashes on his
bare back. CounselE"We move in ar
rest OF Judgment, on the ground that it is
not charged in the Indictment that the horse
was stolen in the Territory of Indiana"
"rhat consider more serious objection
than any you have made yet. Sheriff adj
journ Court, and keep the prisoner safe till
Court meets" The Judge kept his seat
till the Sheriff returned from Jail. "Sher-
iff, at II o'clock tonight you and your
deputy take Long into the woods, clear out
ofhearing, and give him thirty mine lashes
oil his bare back, well laid on, put him in
Jail again; say nothing, but bring him into
court in the morning." The order was o.
beyed to the very letter, and next morning
Long was in the box when court opened,
his counsel ignorant of what had taken
place Judge Clark, 81 have been think
ing of the motion in arrest in the case of
Long; | have some doubts, as the evidence
proved he did steal the horse in this terri
tory, and ] think | ought not to sustain
motion that understand will discharge
the prisoner after he has been found guilty
by the jury; but feel bound to grant new
trial" Long, springing to his feet, '.Oh,
no, for heavens sake; am whipped al
most to death already. discharge my at
torneys and withdraw their motion. =
Judge Clark, CLERK, enter Judgment on the
verdict, and mark it satisfied The other
prisoners were brought up in succession,
and convicted No motion to quash, or in
arrest, was afterwards made The prison
ers were whipped and discharged, carry
ing with them the news to all their COM
rades. Not horse was stolen i'll the ter
ritory for years afterwards.