Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1869-12-07
INTERESTING CASE.

The editor of the IFaNy, Star, Martins
burg, having visited 5hepherdstown during
the recent term of our Superior Court, thus
notices an important case that was before it:
The case of Harris vs., Lewis was in the
nropress of iudical solution, during the few
hours We were there This was one of those
curious cases which could alone grow out of
the late war. Lewis bought two horses of
Harris in 1864, and gave his bond for two
hundred dollars in gold: TO be paid six
months after ratification OF peace between
the United States and the Confederate States"
Messrs Kennedy and Wilson, who were the
managing counsel for the plaintiffs had ex-
hausted all the resources'of pleading in pro
pairing declaration embracing four or hive
counts, so as to present the case In form
that might meet every objection that could
be urced bv the counsel for the defendant
In one count the period of peace was fixed
at the date of President Johuson's proclama-
ton announcing the termination of the re-
belliou and withdrawing the armies from these
States. In other counts, the time for the pay
mcnt of the money was declared to be an
impossible event, and the bond claimed to be
due on its execution. But all the skill and
ability of the counsel fox the plaintiff in
| framing their declaration proved ab0rtive.-
! Mr.. Faulkner, who appeared for the defence.
| demurrcd to each count of the declaration and
the court sustained the demurrer. This we
thought had ended the case, but Messrs.
| Kennedy and Wilson now asked leave to file
an additional count declaring upon tho boud
a covenant to pay so soon as the rebellion was
crushed Mr. Faulkner admitted general
demurrer would not lie to the count. but
promptly cravcd oyer Of tho boad and de-
INJURED for tie variance between the bond and
declaration This movement of the defen-
! danI's counsel was sustained by the court and
those veteran plcaders for the plaintiff having
exhausted every possible aspect of the case
were now flat on their backs. They were
compelled to submit to verdict for the de-
! PENDANTS. We have rarely been more cnter>
tanned than by this sharp encounter of pro-
| fessional strategy and pleading. If;he plaintiff
! failed in his cause it certainly was not the
fault of his acute and skilful lawyers. Ken
! nedy and Wilson, who did all that legal sci
ence could accomplish to maintain 4 case in
curably bad in its inception.
The demurrer to the last count was. We
learn, not sustained by the court, but ooer.
ruled. At this point in the pleadings, Mr.
Faulkner offered two special pleas. claiming
that the consideration of the bond sued on
was illegal, because it was against the statute
against wngcrs, and against Public Policy
These pleas were objected to but allowed to
DO fled, thus presenting an Issue for a jury.
A jury was sworn, and. after the case was
opened on behalf of plaintiff and defendant.
| Mr.. Kennedy offered the bond in evidence to
the jury. To this Mr. Faulkner objected for
variance between said bond and the fourth
count in the declaration, and his objection
Was sustained by the court. There being no
evidence Of the debt except the bond, this
opinion of the court put an end to the case,
the jury finding verdict for defendant We
learn that the case will so to the Court of
! Appcals.-ED SPIRIT