The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1868-05-08

I've so incontcstable in both cases. that
was unable To see any rational plea for The
defence except nominal damages. This
. Iaea could not prevail in Derning 81 case, the
claim there being so reasonably small; u
would have more chance in the other; yei
!. had endeavord to help the matter out by
my arrangement, an,I had thus Tar succeed
Ell In the best of my wishes. Well, the
session hail begun. and Demings enuse
came ON. had opposed To me General
beverly, one Of our oldest and most dis
liinsuished counselIors. opened the cause
lin very. modest way, and put la my
proofs. Beverly replied with characters
tic good sense, and wished to introduec
young Neal as witness TO provo that the
whole was the result at an accident, the
horse having become frightened. Hut this
was oyerruled rs Irrelevant This served,
however. io give me a hint as TO the chir-
acier OF his defence. IL. flashed upon mo
like lightning that young Neal would bo
Introduced the next ,luy in Giles's case TO
testify that Giles was lying drunk in the
road. and frightened the horses. only
waited to hear the jury bring in verdict
for Deniing for the full amount claimed,
before leaving the court.roon to rcexainine
the grounds where the affair occurred. J
was determined to satisfy myself, and strip
the matter OF all mystery, il possible.
Again was impressed ~itl, tho strange
ness ofihe affair in connection with Giles's
injuries. The wheel that so flaited, and al.
most separated the fibres IN the Tough scalp.
or sprung tlrs thick sole Of shoe, wouhl
certainly have crushed the poor fellows
chest. How was the bruisc in the stomach
made These things must be accounted
for in some way. aualyzcd andIeanaiyz-
ed, had still in my eye n diagram Of The
whole, and could locate tie place on the
flag where the SCALP wis pnlled otf. rea.
soned as follows. A horse cannot easily no
driven upon man; he would iustinc,ively
turn to the right or left IN nine chances
out ut ten, in case Of q mans beng driven
over 10y "a double team, he would be struck
BY the end Oi the coicli-tong,ic. This i'm
pulse, compounded with the direct motion
ot the carriage, would precipiiate his body
in lateral direction, which would make
an angle with tho linz Oi molion OF tie
vehicle. a forward hool thrown out. and
striking the fallen and partly turned body
in the right groin or thigh, with the eStya
lNhttN 'e't"iob'" ~ SAtthhik
the high curb stone, would naturally turn
the body 'end Tor en,l, with the exception,
perhaps. OF the lcii kg, which, hanging
loosely, would not follow the motion oftl,e
body to which the, impulse was given.
Now supposing this 10 have taken place
the heal would he nearest tho coach, The
right lex ON line with tho body, aud near
" at right angles with the line Of motion
OF the vehicle, and the leit leg at an angle
with the right one, bringing tho lsit loot
near the cosch.traek. Well, by our nv.
po,hesis, the forward wheel, bounding 90
the curb stone with a certain velocity, not
cxtrasagant to be supposed, would hardly
touch Bgain tillii reached the place where
the head lay, when coming down with lre-
mendous force, IL gn,zed the skull, causing
the absasios,, aud nearly annihilating tho
piece OF scalp. Tho force OF the vehicle be-
ing slightly broken by this, the shock Of the
hind-wheel in striking the curb-stone (which
IL did about a foot above the other. rs
shown by the mark would he less violent;
and if the fore-wheel grazed the skull, the
hind wheel would cross the chest; not,
however, ill its descending velocity and
momentum had been broken by the leit
Suot, VIII Us iNCu Spitt Wilcu out hVoty
was nearly on n line with IL.
This hypothesis, which perfectly solved
the mystery, wns the only ono ! could de-
wise, which tho facts would verify. II was
perfect 50 far rs estimates conld be made,
and was true. II supposed two importnnt
items. that Giles was standing when struck,
and on the side walk. where he had n right
to be. The fact OF his being on the side
walk when run over, could prove by the
piece of scalp, stuck and llattened on the
carriage track, which was in the possession
OF Dr. Ray, without being known, however,
to the opposite party. was thus prepar-
ed. In the trial of Demings cause Giles
had been brought IN on litter, and intro
huced as witness. His eIpaciatcd form
and haggapl features excited considerable
sympathy, aud eloqucntly for the poor TEL
lows cause, which was comingon the next
day. had thus secured a step In the adj
vance. Beverly seemed netilcd at this.
had outwittcd him in INV plans, and the
Jury began TO he aware OF it. Tie sat down
In The trial of Giles's Cause with nervous
severity on every feature. tie hardly con-
descended to hid me good-morning. kept
my temper. and opened my. case modcs'ly
as ON the day previous, and Introduced us
a witness the bakcr.boy. Jasper. lie teru'
fed what has been previously stated here,
aud was submitted for cross examination:
Beverly was severe almost to brutality, and
finally drove tho boy into an admission that
Chess clothes were covered with dust AMI
dir, when lao found him that he looked as
though he had j,,st crawled out from tho
road, I ,lee,ned IL judicious To withhold
RAYS testimony ill had opportunity to
SEQ Beyerly's defence. lie introduced
Neal, ~ anticipated, who sworc that he
saw nothing of Giles aiat his horse be-.
came ,Iighiencd at something ia the road,
aud unn.anagcable, wlhicl, occasiooed the
accident in reference to Demins's yard.
fence, etc. Beverly made long speech, '''-
which he attempted To show that according
tn all probability. Old Giles Was lyinS in the
road. drunk, and occasioned the whole ms
chief. llc was terribly bitter on poor Giles
his known reputation a. "a loaicr ami vaga'
bond = .his unrelabiliiy; 'hls worthless
ncss.' .Why' said he the miserable va
grant has doubtless hood winked his co''n.
sci, stuffed him with a plausible story OF
his wrongs, aud promised largo recoIhpense.
in case of successful iss,ie cf this s,'lt.
am very sorry for the youthful simplicity OF
his counsel but the misiortunes which are
incident to vagrancy have they such claim
on pity rs to over ri,le justice! ! Must The
miserable outlaw, who, by u criminal act,
has occasioned one unhappy piece ot litisa'
"on between two Of our most respectable
citizens: he made the beneficiary in ano,her
sun, witch lac has the bcggurly andariiy
A. H..
Tor injuries waich he has himself OCCASION
edI PrePos'erous '-,ioubly prepos,erous =
Al the close OF his speech the court. room
ring with applause. and wns alnost ready
tn despair. ] rise, however, and stated
that the learned counsels defence had
somewhat surprised me, but tha, I was,
nevertheless. prepared for II. here intro.
duccd DE-. Ray, To testify as to the nature OF
the injuries Ills testimony, despite the
cross-examinaiion, which, however. was
bl,nd anil of nof n,,,rh account, Unmarried