Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1859-04-17
From the 20 ish~,n Literary Aasassne.l
NV OEWUT AT THE BAN.

L =
getting to the courthouse, ! found the
court in session. The clerk was Just
reading the minutes. My case, can
well speak in the singular-was the
first set on the docket for that morn
ing. | looked around and saw old
Kasm, who somehow had found out
that was in the case, with his green
bag and half library Of old books on
the bar before him. The old fellow
gave me look Of malicious pleasure
like that of hungry tiger from bis
lair, cast upon an unsuspecting cali
browsing near. Ihsd tried to put on
bold face. Thought it would be
yerv unproiessional to let on to my
client that was at all scarced, though
my heart was running down like a jack
screw under heavy wagon. My con-
s~i.Dce--I had not practised it away
was not quite easy. | couldn't help
feeling that it was hardly honest to be
leading NY client, like Falstaf his
men, where he was sure to be pepper
ed. But then it was my only chance !;
my bread depended upon it and |
reflected tina: the same thing is to
happen in every lawyers practice. l
tried to arrange my ideas in form and
excogitate speech they fitted
through my brain in odds end ends
] could neither think nor quit think
ing. | world lose myself in the first
twenty words Of the opening sentence.
and stop at a particle; the trial run
clean out. | would start it with no
better luck 4; then | thought moment
of the disgrace of dead break down
and then would commence again with
Gentleman Of the jury" ETC., and SO
on rs before.
At length the Judge signed the
minutes, and took up the docket -
Higginbotham Us. Swink SANDER
Mr.. Glendys for plaintiff, Mr.. kasm for
defendant. Is Mr.. q. in court Call
him, Sheriff" The Sheriff called three
times He might as well have called
the dead. No answer Of corgse came.
Mr.. kasm rose, and told me Court
that he was sorry that his brother was
too much (stroking his chin, and lock
ing down and pausing) indisposcd, or
otherwise engaged to attend the cae,;
but he must insist OF its being disposed
OF, etc. the Court said that it should
be. | then spoke up Though my
voice seemed TO me very low down,
and very hard to get up,) that | had
Just 0sen spoken to in the cause. |
believed We were ready, il the case
must then be tried; but | should mnch
prefer it to be laid over, if the Court
would consent, until the next dav, or
even that evening, Has n protested We
hemen,ly against this, reminded ..the
Court otis premptory order; referred to
the former proceedings, and was going
to discuss the whole merits of the case,
when he was interrupted by the Judge,
who, turning himself to me, remarked
that he should be happy to oblige me,
but that he was prccluded by what
had happened; he hoped, however,
that the counsel on the other side
would extend the desired indulgence:
to which kasm rejoincd that this was
a case in which he neither asked favors
nor meant to give them. So the case
had to go on.
Several members of the bar had
their hats in their hands, ready to
leave the room, when the case was
called mp; but seeing that was in it
alone, suffered their curiosity to get
the better of their engagements, and
staid to see it ont-a circumstance
that did not diminish my trepida,ion
in the least.
| had my witnesses called up, post
ed my client behind me in the bar,
and put the case to the jury. The
defendent had pleaded justification
and not guilty. | got along pretty
well, thought on the proofs. The
cross-examination of old kasm did rot
seem to me to Tart anything; though
he dubbed, misconstrued and bull
lied mightlly-objcctcd to all my
questions as leading, and all the wit
ncsses answers as irrelevant but the
Judge, who was very clever sort of a
man, and didn't Ike kasm much, help
ed me along and over the bad places,
occasionally taking the examination
himself, when old kasm had got the
statements of the witnesses IN fog.
l had a strong case; the plaintiff
showed a good charactcr-that the
lodge of Masons had refused to admit
him to fellowship until he had cleared
up these charges; that the Methodist
church, of which he was a class-lead-
er, had required of him to have these
charges judicially settled that he had
offered to satisfy the defendant that
they were false, and proposed to refer
it to disinterested men, and to be sat
ished, if they decided for him, to re-
ceive written retraction, in which
the defendant should only declare he
was mistaken; that the defendant had
refused this protier and reiterated the
charges with increased bitterness and
aggravated insult that the plaintiff
had suffered in reputation aud credit
that the defendant had declared he
meant to run oft and buy his land at
his (defendant's) own price and that
the defendant was rich and oftsl re-
repeated his SANDER at public meet
ings, and once at the church door, and
finally, mop justified.
The defendants testimony was weak:
it did not controvert the proof as to
the manner Of speaking of the words
of the matters of avvravat;on Man,