Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1868-04-24

hog was killed. Ne would raise judi.
cial presumption that the Cansl Was a
highway. aud he road crossed the tow
path; that he know the Canal had long
since been abandoned as = Canal. but fhc
plaintiff bad failed TO prove Il abandoned.
Now II he could presume The old Canal
a highway and public crossing, knowing
II was entirely washed sway more than
three years ago, could he not also presume
that II had been abandoned, when. II up
peafed from the evidence Of two witnesses
that q railroad was built on both i,s banks
and a mill race occupied its bed. running
oil the way along. Aud how could he
presume public crossing near where the
injury was done, when three witnessed
testified before him that there was no pub
lie crossing ofspy kind short Of 800 yards
from the place where the hog was killed.
But strange ~ Il pay appear, oil this ev.
idenee, winch would have fully met Bis
judicial presumption, is not found 10 his
notes Of evidence. Why was II left QUIZ
These are problems for legal minds ne we'll
as common honest people TO solve. s
Strauss shor schich icay me pind Jlows
When this suir was frs, brought before
q justice Of the peace, the Railroad at
iorney was on hand and fought Il desper
ately before jury, but lost. Tie appeal.
ed TO the Common Pleas Court. Stuart
10 him refusing plaintiff jury in that
Court; bur when pIsi pitf>sop4~Qy1tIl
~! ed TO submit 10 cou,i be WIS p3s5s>
ed Why ISL mat raIhoads dou't like
juricsY Are they too honest, or is il TOO
expensive to chalk all their hats? Free
passes will do for members Of the Legis-
laIure, or the few who administer the laws,
However that may be. rfer he defendant
had succeeded 10 getting his case before
the Court, no seemed 10 lose all interest
IN 1t. lie reminded me OF o sleepy mem.
Der who was 10 the habit OF taking nap
during sermon time. On one occasion u
neighbor punched him; told him To wake
up aud listen 10 the sermon. lie half way
opened his eyes, saying, DONE disturb
me; am safe; | am not afraid Of the
preacher; be can't FAY anything that will
hurt me-" The defendant did not try TO
prove anything, not even that there was
public crossing or anything else to jus
lily the act. 1t seemed 20 be the old
fashioned one sided game with him
Heads, | win; tails, you lose"
Now the question may be asked. why
publish the proceedings in this case? why
not tase an oppea? &c. answer: First,
the amount exclusive of cost is too small
to get an appeal TO the Supreme Court;
and last, but not least. the same man is
seeking the nomination, aud wants to be
re elected TO gil the same Office another
term. lie has qualifications.
The Office of Judge Of Common Pleas
Court is one Of more importance 10 the
people generally than perhaps any other
Through his Court passes the business
pertaining TO the settlement Of the estates
Of every deceased person. Widows, or
phans, creditors. aud every person having
unsettled business with the deceased, are
interested in having il legally aud impair
tislls settled, 80 that equal justice will be
done to all. And if there is an Office
who should possess what is known US the
JeHfersonian qualiiiestions-honesiy and
cspabiliiy il is be who fills that Of Com
mon Pleas Judge.
Shakespeare makes the father Of Desde
mona say TO Uihello, "She has deceived
me; She may deceive you" If he has
managed my case in such way. will be
not do others the same under tie same
circumsta noes?
/ am responsible fcrihe foregoing. Any
persons feeling themselves aggrie,cd By
il eau learn the name Of tho author by
calling one the Editor j. .. III.
Laurel, April Is, 1868.