Evansville daily journal. (Evansville, Ind.) 1863-1866, 1864-04-11
That aSmaIl GIass OF Beer.g

~ tA@@ ttse~Hf - 80 So SAN - hAg RgMAkfH
tiary for that simple reason. We can
plainly see, without being lawyer, how
difficult il is to break IN upon testimo-
ny Ike that given by Capt Miller and
associates against the editor ofthe Times
Had we moi been able to discover the
difficulty before, tina: worthy efforts to
dod9e the eiTsc. Of Tie testimony would
have made it manifest. When "old law
yen, after the most rigid cross exani-
nations aud the introduction Of all their
rebutiiug evidence, fail to break in
upon the testimony Of a set Of Witnesses,
the case is mort difficult IN the extreme
The editor Of the Times IS an "old law.
yer For many months his "shinge'
garnished the wall Of some business
block in the enterpriIng town of Rush
vile, Or tapped dismally IN the bfeez9.
He knows the difficulty Of which he
speaks, and has done his utmost 20 re-
move Or overcome H. Let us see how
he succeeded.
/ lie introduces his defense by remark.
/ ing that "no man except a horn IDIOT
would use such language as is attributed
TO as without causc or provocaiion in
the midst Of soldiers There is some
thing in this Perhaps that's what's
the matter" Tho fact that he used the
language is proven The cause that in
dueel him to use ii has generally been
regarded as the "smal glass Of beer.
In this, however those who were present
may have been mistaken and wc have
no disposition TO Insist upon making the
beer responsible for defects or weak
nesses" which are due alone to nature
But continues this old lawyer,
Eve think that this community knows
that whatever may be our faults, and We
don't claim to be without faults, we are
At least no fool II IS not certain that
this community knows any such thing.
Wesdare say that there is not a mau in
the city who has made himself acquainted
with the circumstances Of this celebrated
case Of "a small glass Of beer, bat
what is convinced that the Times editor.
to say the least Of it, acted extremely
foolish His own party friends seem to
prove no exception 10 the prevalent opiu-
ion. How do we distinguish between
wise men aud fools, other than BY their
actions2
But there are other contradictions,
arguea the Times, IN the statements OF
the Journal Bischof, and associates.
We we're very drunk, they say, and
yet, according 20 these same men, this
drunken man can make the fastest time
ON record, run ike race horse, dis
lance soldier, and leap high fences Ill e
a deerr'
DO old lawyers see anything very
contradictory or remarkable in thisg
Did they never before hear of cases in
which imminent danger suddenly sobered
the worst forms of drunkenness? Now,
we respectfully submit to every one ac-
quainted with Capt. Miller, whether the
discovery that he was making for him
would not be calculated to sober even a
drunk man We are sure il would, and
we are not surprised that the editor of
the Times ran like race horse and
leaped like deer
sgBut when other sources fail, there is
still left to be assailCl the character Of
tesIifying witnesses, aud the Times editor
with the vehemenee Of young, rather
than an old, lawyer pitches in.
John Nogel was detected stealing Sl5
from the city and compelled to refund /;
therefore he didn't see and hear what
transpired in the Sigel Saloon. Phil.
Krug voted illegally in the Sth Ward
therefore he didn't tell the truth "Moll
is a whisky bloas therefore he can't be
believed kirkpatrick has told dozen
different versions; therefore his affidavit
amounts to nothing
But how is this? Why isn't Capt.
Millers character as a man, also callel
in question: He made the affidavit
The others only endorsed it. How about
Capt MillerG Has he been detected
: stealing? Did he vote Illegally Is he a
whisky bloat2 Has he told halfdozen
different versions2 Discretion cometb
of experience, don'tit Mr.. Sproule2
But it is hardly fair to eohfne the
swearing all to one side. There are
other atidayits besides that Of Can't
Miller.
Robert s Sproule being duly sworn,
on cath, -
: Angels and ministers of grace de.
{ fend us
: Did Sold lawyers ever hear of the
= likel Poor VIM. Kleist was sentenced
i 70 the penitentiary ON Friday for steal.
!. ing sack of -four. oaly one witness
i was introduced against him, and Kleis;
A wasn't permitted 10 swear in his own de
= Tense at all. The more shame on Judge
Parrett, after reading, as he undoubtedly
j. did, the Tines OF that morning. Charlie.
Williams, too, was sent mp for two
years for stealing a pair Of boots, and
: not the slightest opportunity offered hin
to either make or Gle an affidavit prov
!; ing his innocence. How eharmingly i
/ would relieve oar State from the bur
!. den Of peniteu,iaries, and how quickly i
! would throw Green, Of the Vneennei
D San, out of Office, could the Editor o
the Tmes's new practice OF law obtsir
throughoutthe State. We commend i