Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1867-07-17
A ROLAND FOR AN OLIVER,

:, Twenty five years ago. when the oil,
!; Bar of'Lamoille' County we're in full prac
tice with such men as Hon. Luke z. 20
land, Joshua Sawyer, D. A. Smalley, and
others of the same stamp. we used to wit
ness some very sharp encounters.
Altho' the two first gentlemen named
were great friends, and we're very often
associated iu the trial of importart cases,
they were sometimes pitted, and when
this was the case people usually looked
for some close shaving.
Sawyer had brought an action for az
sault and battery, an action nearly as
common then as General Assumpsit is
now, and had drawn somewhat prolix
declaration, so that the case appeared fully
as badly on paper as the witnesses for the
Eff. detailed it upon the stand. In his
argument Poland told the Jury that
bis brother Sawyer's declaration reminded
him of an'incideDt'in his own practice:
"Some years Since" said Air. Poland,
II commenced suit of this character in
favor Of my old friend Asa Barnard
against the gallant Major Russell B liz de,
who had inflicted some unjust corporal
punishment upon Barnard for the trivial
'tfensc of telling him be was great liar.
Barnard asserted, and pretty conclusively
proved, that the Maj. bad struck him
blow on tho head with his heavy cane. :
barnard, finding my astu;e brother Saw.
Ter retained for the Mi, was obliged to
omc to me to obtain redress for this great
'rong and injury. i was young, and
ntcrcd into my clients case with great il
nthusiasm. | framed declaration in \
"a counts, setting forth the beating. \
ruisipg, woundirg, and evil entreatinp. [
all the various forms, and with all the p
'rbiag: and pathological nonsense could N
and III the last count did not m
rget to recite that Barnard's life asas s
'eatty d'spaired Of 1 read THE DECLARE. Of
on to my client in voice full of sympa. J,
y-almost as afectingly as my brother CO
'wyer read this to you, gentlemen; and IN
ION looking at my old friend noticed b,
e tears were coufsing down his furrowed to
eeks in rivers. asked him the cause CT
his great grief He replied. with chok. tie
and sobbing utterancc that he did not pc
low it was half SO bad before p pl
AS the general impression prevailed, in al
Q case on trial, that the evidence did
t quite sustain Sawyer's declaration. be
e jury, the court, and all present were al
nvulsed with laaghter, aud many tho't sa
at Sawyer, though reputed to be great nj
t. could not get the laugh of for this lo'
ne. Sawyer had nearly concluded his
by, which was somewhat lengthy and i'm
tic forcible. without any allusion to tn
lands witticism. aud those who had tn
tened with great interest for his hereto
never failing repartee were in despair thu
idcnly, as if Poland's jeu despr,t had
t occurred to him, he said: rel
Gentlemen, you all appeared to be
y much delighted and amused, when gal
learned counsel on the other side rela.
an incident of his own practice. spe
fcss was not amused. My old friend /
rnard has told me tho story 50 many spe
es, and in tones which had no affected 4
,tion, | assure you, that | could not Mu
gh with you, gentlemen. The story
Barnard tells it. has only this differ spe
e. He says he wept when Poland read
! very lengthy paper but that paper Mu
not his declaration, gentlemen, but
biHl" hfI
his sally upset everything in court. wer
uding the supposed imperturbable wo,
witty Of Judge Royce. and no doubt will
ely enhanced the Plff 9 damages =, tina
e appeared to enjoy the joke better pril
, Poland himself will