The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-02-03

the strokes of the axe from the direction OF
the disputed tree.
The men exchanged significant glances, and
started for their place of labor, while Barker
strobe across the field to spot that COM
nanded view Of the tree. The first glance
convinced him that the boys informer was
correct. He hastily returned, sprang upon
his horse, and before the good axes of Ben
ton and Davis had half severed the bole OF
the gigantic oak, he was oloistercd with one
of the busiest lawyers in tho city ofH.
When young David Benton returned that
night from the distant meadow where he had
been ut work, he found his father listening,
with knit brow and compressed lips, to the
monotonous, nasal tones OF the town con-
stable, us he brawlcd forth those absurd and
often libellous charges usually found in a
writ of prosecution, and which, through the
wisdom of our laws, any man may make
against his neigfbor for the value Of few
shillings.
Hastily casting glance through the win
dow to see that his father had not actually
burned his neighbor's holse and barn, the
young man turned to his mother for an cx-
PLANTATION Of the scene. But she was almost
as ignorant as himself, and frightened at the
heinous charges against her husband, and the
prospect of the lawsuit, could only sob out
that she wished aunt Bccky's property was
all in Flanders, for it only brought trouble
with it. All that he could gain from his
father in reply to his questions, or to the
officers dcprccatory, don't want to make
troublc-lriend to both partics-hopc it will
be settled, etc., was That if Moses Barker
wanted law, he would give it to him. He
didn't want to quarrel, he could bear as
much rs any other man, but rs for being trod
upon any longer, ho wouldn't and host
of such expressions, which, though they
might serve us safcty-valyes to his anger, did
not give his son clear conception OF its
cause.
An half an hour later David stood by the
side of Hannah Barker beneath the old pear
tree that grew by the path across the meadow,
listening to her low but rapio tones, as she
related the quarrel and the subsequent steps
Of her father
This must not come before the magistrate
Hannah he said I'VE must persuade
them to settle il. When your father gets q
little cool, he will sec that he is wrong. He
knows that the tree formerly stood on our
side of the fence. You must persuade him to
drop the case, Hannah, and will see what
can be done with my father.
Il, David? | persuade him? | would
not speak to HIM about it for the world be-
sides do not think it would bc best. lie
will not hcara word from mother, and II
Were to speak, II would only make him more
angry, and might end in his forbidding me
to see you or speak with you.'
Would you obey, H.nnah? asked the
young man earnestly.
Il do not think | could il tried, she said
thoughtlully; Il should speak before tho't.
But you do not know how angry father is.
lie knows the tree stood in your lot, but he
thinks to hold it by possession. Still, do
not believe he ever thought ofclaiming it, If
your father would have given up his half of
Dow Lot and taken a share somewhere
else. Father had sct his heart upon having
the whole of that meadow; besides, cousin
Mary and her husband are so ycxed because
aunt Becky did not give half Of her property
to them instead of You, that they are con-
stantly telling father something to irritate
him. wish she had given them the whole
of it, and left us in peace.
amen, say replied David, as he open
ed the gate for her to pass to tho house
8 But remember Hannah, whatever may be
the result of this miserable quarrel, it must
not, now or ever, come between us
Before twelve o'clock the next day, the
quarrel between the neishbors, was the whole
town-talk. The supposed relation of David
and Hannah, together with the mct that ev-
cry other family in the place was connected
with one or the other party by blood or mar
riage, made ita very interesting and exciting
topic.
The grounds of offence were so warmly
and vehcmently disputed, that, like that tree
which stood where Edcn's Plnsance was
the old oak caused strife and discord between
half the families in the village.
The case was brought before one of the
town magistrates, and Notwithstanding it
was well known to him and the witnesses
that the tree originally stood on the farm Of
Josiah Benton. and that the fence had been
moved to accommodate his ncighbOr, vet, in
default uf any witness on shc part of Benton
IT, I,r Nc that legal notification of ownership
had bc,n mad, by him within certain mum
her vi years, decision was given in Barkers
favor. IN thu ground that possession for u
Civ II term Of years gives one the right Of
ownership. Benton found himself obliged
to piy h~vy damages, US well as tho cost OF
the prosecution.
His indignation knew no bounds. He
splcmnly vowed that he would spend every
cent he had in the law before he would sub
nit to such injustice. Hcappcaled tho case,
and engaged one of the best lawyers in the
city for his counsel. Moses Barker grinncd
defiance at these measures, and poured out II
heavy retdining-ieci in hard dollars into the
hands of another celebrated lawyer, with the
remark, that hc guessed he had got as
much money to law with MS some Others. ,
The case would not come on in nearly four
months. During this time, Benton, aided by
his counsel, wasactivcly engaged in fcrretting
out the residence of man who had been
present rs q witness when he had notified
Barker of his claim to the watering place
This man had emigratcd to the west. After
much trouble and expense, they succeeded in
finding him u; but us it was impossible for
him to reach the city in time to be present at
the trial, the case was put of.
In the mean time, suspense, anxiety, and
disquiet, brooded over the two families, and
made them very unhappy. The men did not
speak, but kept up a silent system Of petty
annoyance, the mothers still talked in low,
sad tones Of the sorrows and trials of life |;
while David and Hannah, with the sanguine
spirit Of youth, were daily planning some
means to bring about spirit of reconcilia-
ton.
The case having come before the court,
Benton's western witness was present, and
readily testified that LEGAL notification had