Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1858-06-11

{
Assumrsit. On Report from Hancock,
Plaintiff Argument.
We have received through the attention Of
the author, printed cory Of his great ar
gument'' in the ease, Dennis Griffin Y faa'>
Woodard, argued at Bangor at the rec.an1
Law Term Of the S. J. Court. We netle'
that this last efort of the "melnbcr of the
Hancock Bar" is beautifully sprinkle1 with
Lowell ginger" and strongly marked
with the authors peculiar idiosyncraeies.-
We wish we were lawyer enough to deter
mine whether this is not a ''big boo for a
small calf" because appearances, certainly,
arc against thu distinguished author, who
has been firing here, his heaviest guns (and
oh what guns y in case, where the amount
involved is only $4,000. 1t is probable
possible, perhaps, rs the better word-that
the legal principles here involved are of that
momentous character, demanding this large
outlay of brain power, with ink and PAPER
to match, but we, with all due Difference,
cannot think SO. We should greatly prefer
80 far as we are individually concerned, to
let this addition to the current literature of
the day, take its place in the world OF letters
unnoticed, did not common courtesy to the
author, demand from our blunt pointed pen,
some attention to it. Besides this consider
alton, there is another of much graver i'm
port, and one pleading for decency's sake,
that we should say word or two as q pub
lie journalist, being a citizen OF the same
town:-We allude to the discourteous and
arrogant attack upon the Judge presiding
here at the Oct. term Of the S. j. Court,
which the author has in very wantonness,
permitted himself to indulge in. "Forbear-
ance sometimes ceases to be virtue and
We feel compelled to speak il harsh tones
of those who
.srhough equal to all things, for all things are unfit,
and this seems to be one of those CASES.
But we refrain from Speaking of the legal
ability displayed by the learned counsel, as
this is beyond our feeble powers. We only
wish to notice some new points introduced
IN Law argument, which for their novelty,
provoke attention.
The first point claiming notice, is the
"graphic" delineation of character, INDUCED
in bv this Counsel and witness for Plff. This
is done UP so finely, and with such nice
appreciation of the proprieties Of the oc-
casion, and shows so finely the shades OF
character Of the two men, pen painted, that
it is solid argument of itself. Seine small
minded men may cavi at this mode of argu-
ing a case before the highest legal tribunal OF
the State; but this objection docs not amount
10 much. 1t is the province of great minds
to overleap the common methods OF thought,
and the common modes of presenting facts
and considerations to those who are to be
governed by them. Napoleon cast from him
as unworthy of consideration, the then known
methods of conducting military campaigns,
and worked out new plans and principles
for his guidance.
So the author of this great argument, up
on this hypothesis, is justified in introducing
new principles, applicable to the laws OF ev-
idence in this important case. 1t is also OF
vast Importance for full understanding OF
the principles involved, that the learned
Judges should know whether witness had
been fortunate CT unfortunate in his domes-
tic affairs; whether he had been fortunate or
otherwise, in the choice of captains for his
old vessels, and whether his place Of business
was ten rods, or ten hundred miles from his
domicil. So too, it is 10 the highest degree
proper that they should have correct idea
of the leg Il acumen, social position, eminent
talents. vigor Of mind and weakness OF body
cfthe gentleman who appears in the case, in
the double character Of Counsel and witness.
Besid all this useful information, without
claiming poets license, or an old man s
privilege, he may very properly inform the
tho Court whether he performs his own ton
serial duties, or has them done by barber,
ola Sunday morning. All of this matter
seems so Unnecessary and proper for correct
understanding and elucidation of the knotty
case, that obstructive Justice might sssuf-
fer somc," if it were not communicated.
Who 50 well calculated to impart these
grave facts and considerations, as the gentle
man himself, 'whose very soul would scorn
to tell lie?' How necessary also, that his
rputation for promptnoSs in business mat
tiers should always BE- called up to the atten-
tion of a stupid Court and wicked world.
But, to an ordinary mortal who has less sub
tlety Of brain, and has more matter of fact
turn of mind than this author, it would
seem that common fairness demanded that the
witness, Woodland, should have been permitted
to have given the witness, Lowell, hisclmsac-
ter, and that it should have been printed in
the argument This would promote eds
tributiye Justice" and allowed the Court to
obtain much amusement, livery LITTLE argu
mcnt german to the case. We approhend
also, that the Honorable Court has us keen a
relish for '.light literature ia good joke
10 to DO extracted from it, as it has for its
own dignity, or else this argument would
have had permission to roman in the lobby
of the COURTROOM, or to gateor dust on the
shelves of the authors library,
The next point claiming notice, is his maa-
ler of treating the J-dge presiding here at