The Montana post., 1869-04-16
KLEuNscHmIDr VS.. DUNPHY.

One of the most practical things in
the world is law suit. Yet the genius
of Dickens so inlaid the great chancery
suit of Jarndyce VS.. Jarn6yce with love,
madness, character. pathos. tragedy,
frivolty. doubts, points of law, and ro-
mantle incident. that. seen through the
fog that hung over the case as thickly
as over the city on the Thames. and
thickened as the generations multiplied.
it was left difficult to distinguish the
fact from the fancy. and the diversties
were blended in one. Still, If such suit
there was, there was a time when Jarn-
dyce and Jarndyce probably knew what
suit was instituted for. and it was n
very dry legal question. they little
dreaming that the years would gather
the fanciful coDcomitants about it as
opening daisies. And how do we know
that Montana is not nurturing and gar
nIshing with attendant circumstances. a
suit of like character. which some COM
romance, and blend the solldities of
Blackstone with scenes and incidents
where Turveydrops, Jelly by's. Dvdlocks,
Esthers, and JOS, with the inevitable
Guppy's and Tulkinghorns, move in as
fascinating paths as the inveritAble char
acters of Bleak House.
kleinschmidt vs.. Dunphy is progressing
well for a two year old. Ten thousand
dollars, a thousand sacks of -four.
mortgage, ten thousand dollars
which somebody received and gave or
did not receive and give, as the witt
nesses are to be Believed or discredited
such are the substantialities of the
case now grown into the Importance of
$4,000 suit, nearly as prolific in
briefs, motions, rulings, iDjunctions, at
fidavits. etc, as it's famous prototype.
One of the parties was shot dead since
it began, and already the inheritance of
the suit has begun. 1t has been tried,
appealed. tried again. jury disagreed,
eight to tour, and finally has just been
tried in Helena, with finding in favor
of the plaintiff by jury verdict under
the new Statutes of Montana, of nine to
three.
As we understand ii the counsel for
the defendant has made a motion for a
new trial, and whatever may be the re-
suit il will be carried to the Supreme
Court of Montana on appeal, and thence
to the Supreme Court of the United
States, to test the constitutionality of
the three-fourths jury system. Thus
one good will result from it, although
when and how it will reach that point
is not easy to foretell, in view of its
many former oscillations and it's present
situation nearly where 1t started. We
would hope for these reasons that its
appeal to the highest authority, and
decision by 1t, may be speedy. Would it
not have been cheaper to Montana and
the U. S. to have paid the amount
of the suit from the Treasury than to
have incurred the expense of it's prose-
cutions. We do not desire our courts to
be subjected to the scathings of Nom
tana Dickens, and the early decision of
this jury question involves the vital in
terests of the Territory.
1t is asserted on the one hand that it
is constitutional, the territorial courts
not being affected in this particular by
the Seventh Amendment. and that the
same laws OF Nevada have not been de-
cided against. On the other hand il is
asserted there is clause in the consti-
tuition of Nevada covering the point,
which our Organic Act does not contain.
and that the Seventh Amendment does
apply TO cur courts, and a common law
jury verdict is the unanimous verdict of
twelve men. We apologize to the law
yers for hoping Kleinschmidt & Dun
ply may snatch this meaty bone away; |
TO the novel readers for wishing a break !
In the thread of the story: to the Judges
for "odious comparisons" and to the |
principals for expressing no bias in the
case, but for the veal of the territory We
urge all if possible-get Kleinschmidt VS.
Dunphy along. out of the territory, out
Of litigation-ouC of the fog.
CUBA.-In conversation with q gen>
tleman connected with the Cuban dele |
CATION representing the insurgent gov~