The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1859-10-01
From the American Agriculturalist.l
ssGoing to Law"

Happening into the Office of a county
Judge recently to have some documents
made out for the transfer of piece of prop
Ierty. we overheard part of the details of a
case something like this:-Two men whom
we recognized as poor day laborers, were
having papers drawn up for carrying a
suit to higher court, where the expenses,
which were to be secured in advance, would
amount to about hundred dollars. As
near as we could learn, one of the parties
had agreed to purchase COW of the other
for thirty dollars, but before her actual
trans fer she died. Each man had already
expended about fifty dollars, in court and
counsel fees, expenses of witnesses, etc.,
aud now they were preparing TO continue
the contest, at an expense equivalent to
what they would earn in six months labor.
This incident forcibly reminded US of ptds
ter cast we saw offered few years since by
one of the peripatetie vendors of this kind
of wares. Two sturdy yeomen were repre-
sented as contending for the possession of
a COW. A legal counsellor had been en-
ployed by one of the parties. who. dressed
IN the wig of oiden style. was seated upon
a pile of law books. quietly drawing the
milk his fees) while the contest went on.
This admirably portrays the character of
three fourths of all the lawsuits carried on
in the country. So long as the cow gives
milk, it will be required for expenses"
and when this fails, the worthless carcass
of the animal may perhaps be obtained by
the litigant who has the most physical en-
durance. each of them having in the mean
time sacrificed :he entire use of the &C W,
and, besides, time and strength enough TO
have acquired half dozen better animals.
With most men. the first impulse, on hav-
ing slight difference with neighbor, is, to
ego to law about it," To submit the case
quietly to the arbitration of disinterested
persons, and yield to their decision. would
not quite satisfy the dignity. nay, The bel
ligerent propensity of the parties. How
few men, comparatively, there are. who
have lived forty years without having "been
in court" one or more times. And how
few are the instances where the victorious
party has not lost more than has been gain
ed; in time, worry of mind, expenses--to
say nothing of the trouble entailed upon
others who have been drawn into the con-
fiict as witnesses, interested spectators,
| jurymen, etc. We have vivid recollec-
ton of being called from pressing business
| to 90 fifteen miles to attend ''countv court, -
and of waiting four whole days to give ev-
idence as witness, in case of which we
personally knew nothing; and to cap the
climax, the case was ''adjourned over" three
months, when two days more were consum-
ed in waiting. Our protestations that we
knew nothing of importance, and That all
we did know was hearsay, amounted to
nothing with those in eager fray The idea
seemed to be that that side would be the
strongest which could bring the most per-
sons on the stand as witnesses. and so with
more than twenty other persons we danced
attendance. The whole amount at issue
was less than our individual loss of time in
one of the days spent at court. We receiv-
ed in return one shilling 124 cents!) in ad-
vdnce.
There is no doubt that most persons who
would first sit down and count the cost of g
suit at law. would be deferred from entering
into litigation, but for a feeling of false dig.
nifty. II would expend the last cent before
would allow him to trample on my
rights" is The common expression. A sto
ry current in our boyhood will illustrate
this. Two Dutchmen came into cour
about dog that had keen killed, and the
following scene occurred:
Judge Ito the defendant -"Did you Kill
the plaintiffs dog %
Defendant pc shure kilt his tok
but he most prone it,
Judge Ito plaintiff )-"How much was
your dog worth %
/ PlGinfif-s.'ro be shure to tok was Wort
noting. but since he'esh been so mean ash
10 kilt him shall compel him u pay te ful
Value
We recently hearl of a case at the South.
worth relating in illustration. A whip was
borrowed. and on being returned. the len
der declared that seven inches had been worn
off from the end of the lash. High words
ensued. leading to quarrel. which wa;
carried into court. and from one court &C
another, with the usual delays, until the az
gregate costs To the parties actually amour
ted to seven thousand dollars-a thousand
dollars an inch for the worn lash, without
reckoning time. trouble, and the bad feel
ings eBgendered.
In another instance long legal confess
Eensued, the original cause of which was 9
Islight trespazs by calf. The case ended
BY "a compromise, each party paying bis
own costs; the total amount of these had
run up to nearly eleven thousand dollars
How many such cases--not quite SO stri-
king perhaps-have come under the notice
Eof most pei sons. How many estates have
been wasted. and heirs beggared. by an un-
willingness to make slight concessions.
But the pecuniary loss. serious as tot.
zen may be, is not the worst feature in ths
business. The hatred engendered, and
bad passions nourished. react sadly upor
the parties engaged. The disposition i.
Esoured, peace banished, and constant yexa
alton and apprehension embitter life. Sail
one who had finally obtained his suit, In
voiying large amount. and one which hi
could i'll afford TO lose: Had / foreseer
the anxiety and vexation have suffered
from this business, would have given .
receipt IN full for the amount. rather thar
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