Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1859-11-11

sional lawyer, if there cannot be Church
without a Bishop.
':Uncle Nat," who has stood the test Of
| time during seventy annual revolutions Of
the globe, addressed the Court briefly and
pertinently, before adducing evidence in
the defence. lie stated the facts in the case,
going into n brief history of the building of
"my brig" and the subsequent bargain
with plf. for doing the black smithing Of said
vessel, and the price paid, in consideration
of the rent being thrown in. Here, counsel
for plf. suggested that no plea had been
fled "Uncle Nat" looked as if he
tho't this suggestion, technical objec-
ton, since he was making out good
plea. However, the Clerk of the Courts, in
consideration, that Uncle Mats" "specs,"
like his lawyer, had been dispensed with,
did this part Of tho service. Voluntarily. To
rebuff the witness for deft.. and do away
with the written contract. the lawyer and
plf put himself on the witness stand. But
here was an unforeseen dilemma, there was
NJ one to PROFOUND questions. "Uncle
Nat" earnestly looked at plfs. Att. beseech-
ingly asking him to do the cross questioning
first, but he did not seem inclined to do 80
thereupon, at the risk Of being prolix, and
Of recapitulating his opening speech, "Uncle
Nat repeated the history of the bargain
made with plf. The Bar enjoyed the trial
"hugely,' and sent messenger after an ab-
sentee, who it was supposed had been re-
taincd as junior counsel. Upon his coming
in, he hardly waited to take breath, before
CALAMITY flying to the assistance of the deft.
lie took the witness stand, but his mind
would not stick to the "pint," being too
much occupied with the surroundings He
then, catechised the agent of the plf.,
asking him to explain why he had not
dumped" all his actions into one hopper
and ground them as ore "grist." The
agent replied that he had advice not to do So
"Uncle Nat," then dismissed his assistant
with the remark that he would ask the
questions himself" lie did not mean any
disrespect, it is known, for this summary
discharge of counsel, it only shows that he
had been longer in the case, and knew more
of it. He then addressed the Court and jury
upon the fact which he knew better than
anybody else, leaving the Judge to give the
law, and the Jury to apply it. He acqui.-
ted himself well. having the good sense to be
brief, which it the soul of wit. His honest
earnestness came very near convincing the
Jury, perhaps against their will lie kept
close ~ the case, in his remarks, save in a
single DEPRESSION, wherein he harled divers
hard sayings at the Agent for plf. This
brought gentle reminder from the Court,
that he was bearing wide in his aim. Pits.
counsel submitted the case without argu-
ment. The Court before proceeding to
charge the Jury, said the Constitution gave
every man the right to appear by himself or
counsel before the Court but he apprehend.
ed il the custom should prevail generally of
porties appearing for themselves, that it
would require a large Sheriff force to keep
order ,o,thin tie bar. After the Judge sat
down, "Uncle Nat" thanked him for his i'm
Partially. Verdctfor Pif, for $2S.
l54. Chas. j. kidder v. Thos b. Dexter
& ais. Replevin for cattle impounded in
the town OF Dedham. The suit was brought
against the pound keeper and impoundes on
the ground that their proceedings wese not
in accordance with the statute.
The ownership of the plf, in the cattle
was admitted, and the detention also admit
ted, and the defence was that the taking and
detention were justifabe by law. Plis in
PRODUCED the agent Of the impounder, who
took said cattle, and he testified that he
found them on the common in SAID Dedham.
In the certificate which he left with the i'm
FOUNDER when they were delivered to the
pound keeper and which the statute required
him 10 rsake, It is stated that the cattle were
found in the highway. Deft. tbereupon Of
fered to enter the action neither party which
was accepted BY the plf.
Wiswell for plf. Hale and Rowe for deft
So. BenjaminFranklin vs. Oliver Maddocks. Tres
pass qsars clausum, involving the location Of the
old Peters line in the northern part Of Ellsworth
Verdict for Def.
Hale for plf. MADDOX / wiswell for def.
TsE CorR7 closed its sit;ings on Monday
ncon. The FIRST Jury was discharged on
Saturday. An uausual amount Of business
was dispatched during the term. But few
appeal cases remain on the docket. Yhe
Judge reminded the bar Of the necessity of
being ready to try their cases the FIRST days
Of the term.