Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-11-13

Judge G, of Vermont, was fond Of
Joke when Il could be "done' without
special injury to public or individual
rights
On one occasion, as he was travelling TO-
ward the southern part Of the State, to hold
term Of court in the county Of W,
he came to public house where Justices
court was in session. As it was late, and
the weather cold and wet, he concluded to
| put up for the night. Sending his horse to
| the stable he entered the bar-room which
he found crowded with people, who seemed
! greatly excited about the case on trial. He
had thrown off his outer-garments, and was
composing himself before % good old
fashioned blazing FIRE, when young man
I came up to him, and bowing respectfully,
asked his assistance in the case
THE evidence said he, e. is all agin me /;
but they say your honor is death on desper-
ate cases, and mine amt so bad as it might
be, after all" ."'
Upon inquiry the Judge found that his
| applicant had been arrested for wantonly
upsetting churn Of sap in his neighbours
sugar lot. The youngster had been caught
in the very act by two respectable wit
nesses; and thus the evidence was, as he
said, clear agin him"
After hearing all the facts, the Judge in
formed him that his was really desperate
case but, he added:
~ will watch the progress Of the trial, and
if an opportunity presents itself, 1 will help
you"
Accordingly he threw open q door lead
ing from his apartment to the room where
the trial was going on, and sat a careless
spectator of the proceedings.
The counsel for the State put in his testi-
mony and proved the charge conclusively.
| Therefore the magistrate turned upon the re-
| spondent, and with stern voice, asked him
| if he had "got any thing to say to all this
ere evidential testimony ?"
The prisoner was dumb, but looked i'm
plorlngly toward the Judge, who at once
arose and approached the table at which
the Justice was sitting.
"1ou needn't think you can do any kinder
good here, for the mind of this court is en-
tirely made up about this consarn, that
can tell ye, mister"
"May it please your honor" said the
Judge, bowing very gracefully {" it is no
doubt true that the charge made against
the respondent is fully sustained by the
testimony, 1 do not deny it, but, for all
that, he has defense"
"A defense what on earth is itp'
growled the court.
"And, your honor, it is this: profess to
know a little about law, having practiced
more than thirty years past, especially the
statute laws of Vermont. Now, your honor,
/ may be mistaken; but / am confident
there is nothing in the statute books Of YER
mont against upsetting either an empty
churn or a churn full of sap | beg the
court, if not satisfied upon this point,
would recommend an examination of the
statutes"
The counsel for the State rose to reply
"Stop! stopW vociferated the court,
"this point must be settled before we move,
another inch"
And, thereupon, seizing the statute book
and turning to the index he began search
| ing under the letter G for the word churn.
Not finding it, he next looked under S for
sap. Not finding "sap," he continued his
search under the title of U for upsetting,
Still unsuccessfully, he looked under the
title of Grimes and Misdemeanors.
Finally, he rummaged the book from be-
ginning to end, and finding it silent upon
the subject of "upsetting churns,n he rose,
and addressing the prisoner, said
Young man, this ere court is satisfied
that there amt nothin' in the laws of YER
mont agin tippin' over churn full of sap.
There amt nothin' about churns any way
nor sap, nuther. But want ye should re-
member one thing-that this ere court has
made up its mind that it's ashamed that
there's so many maple trees in the State,
and no law agin tippin over sap"
Whereupon the prisoner was released.