The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1866-11-30

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in his representations about the
weather H could foretel the state Of
the weather for days and weeks and
months TO come, with as much cor
tainty as apy'almanac maker. He was
also an adept II the law, for he lad
been admitted to the bar after scar
ching examination in presence Of the
learned Judges Of the County Court
He was reported TO understand the
mazes and iutlicacies of the law, better
than many who had never seen u law
book He was sort of Delphos
oracle, and was consulted with great
confidence on all questions relating to
the weather and the law But unlike
the far famed oracle Of Delphi, he OK
acted no bonus for his predictions and
opinions; and for this reason his re-
sponses werc exceedingly satisf Glory
to the people
When this famous suit came on for
trial before the aforesaid magistrate,
the learned counsel for the defendant
took exceptions to the form of the ac-
ton. He contended that trespass III
ct arD,is would not lie, as the injury, if
any, was not direct and immediate, but
consequential only Now the reader
should bear in mind that when the
damage done by wrong dceE is di-
rect, and immediate, as in the case of
an assault and battery on the person
Of the plaintiff, the action Of treSpass u
ct arms is the proper action. But
when the injury sustained by the
plaintiff is indirect and consequential
only, the action OF hespass on
tie case is the proper action The
case was deliberately argued by the
/ learned counsel on both sides, to the
great edifcation Of the curious multi
tude present. during the whole after
noon, and the greater part Of the en-
suing night Many weighty authori-
/ ties were introduced on each side, and
the learned magistrate was in doubt
on the subject; for the weight of au-
thority was SO nearly equal that his
worship could not determine on which
side the balance preponderated. Ii he
had used the means which certain
Dutch magistrate is said to have used
/ to ascertain the relative merits of the
claims Of two litigant parties before
him, that is, by weighing the books
that contained their respective ac-
counts, the worshipful magistrate in
question might possibly have been
able 10 come to a decision But he
judged that, though such n rule might
answer in the determination of suits
on book accounts, when often no NOR
tai man can tell, from the statement
of the yospectiye parties, on which
side the truth lies, it would not 10 to
apply it to the weighty matters of the
law, for the ponderosity Of law books,
he supposed, would not determine the
weight Of legal lore within them.
He, therefore. submitted the whole
matter to the jury, with the testimony
and the law that had been introduced.
The jury retired to deliberate on the
important questions of law and fact
which had been raised and agitated in
the case. Bat to quicken the powers
Of investigation they had the precau-
ton to provide suitable supply of
stimulating beverage that had the re-
markable effect of producing such an
obliyious state OF the mind that they
utterly forgot TO deliberate at all on
the highly important questions sub
mitted to them, or to examine the lie
gal authorities introduced in the case,
or to make any return of their doings
to the Court, but finally dispersed.
carrying off, it is supposed, all the pa
pers in the case, the declaration and
pleadings, together with the books con-
tanning all the legal lore which had
been read to them These aids to
their deliberations and decision were
never afterwards heard Of
1t has been insinuated that the
worthy magistrate partook too freely
of the same lethean beverage. and
consequently was ut the time SO
obliyious Of what was passing before
him, relating to this important con-
troyersy, that he forgot TO recognize
and apply to it the appropriate prin'
ciples of law with which his mind was
understood 10 be we'll stored, and
that this was the reason why he could
see no difference IN the weight OF
authorities that had been introduced
on one side from what was introduced
on the other. But we assure the
reader, from the most reliable infor-
nation, TINT his worship never de-
graded the dignity Of his Office by the
use of any improper stimulus while in
the eycruisc Of his iuliriai duties. III