The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-10-23
Tachnicalities.

A pretty good thing once occurred III the
Supreme Judicial Court of Portland. The
case was one OF severe assault upon the first
officer of II Yankee burquc, 10y one OF the
crew, which assault occurred on shore. Judge
S WAS upon the bench. He was a very
small man, very neat in his dress, and very
fastidious; resting firmly upon his judicial
dignity; hrst-class lawyer, and withal in
clined to be s"lf-su!iicicut and crrlsty No at
tOrney ut the bar ever Yentured TO take lDcr-
ties with Judge $.
The principal witness III the present case
was an old, wcgthcT-bcutcn sailor, named
Jack Miller, and more perfect specimen Of an
unsophisticated son of the ocean never saw.
He was born on ship-bOard, and during u life
cf three and fifty years he had hardly spent "A
twclye-month Oh shore. 1t was u study-thOse
two men-the Judge upon the bench, smooth
as glass, and as polished, his white hair
brushed down as though every particular sill
very thread had been laid in its appropriate
place, while stern, unyIuldIug dignity sat like
frostwork upon him-the old sailor upon the
stand, gIuut and squHrc-shOuldercd; his swur-
thy face SCARED and corrugated like the shell
of an alligator his coarse, gTZzlcd hair not uu-
like the hITsute coat of bear; while his whole
mein and bearing was that Of the man who
had made up his mind 20 take his chance and
do his duty and trust the result to Providence
Now Jnck WAS called to testify aguinSt his
shipmatc - he had Witnessed the assault,
and had interfcrcd to terminate it, but he wa,
anxious TO tell ~ little against HIS chUm as
possible, and Furthermore. to soften and uN-
Cusc what hc did tell; aud this led him to be %
little rambling IN his testimony. The Judge
had been making notes with a pencil. and us
Jack was wandering oil into uu Uuu,yrssi,ry
explanation. lie lifted hi, head, and ryia"nuy
forgetting for the moment the exact standing
of the witness with his mind partially upon
his notes, ne testify exclaimed:
Come, witncss-Id r,m, al pr,posiiuU!
Don't wander no."
The witness stopped and looked up at tho
Judge iuquiringly. He repeated the nbstruse
words To himself rs nearly Hs hc could pro-
nounce them, and then, with earnest simplici-
ty, asked:
"Ycr honor, what does them words mcun?''
Mover mind never" returned the Judge,
with a wave Of the hand. "Thcy are tcchni-
cal terms, used in law, not for men III Your pD-
sition to understand -
There was "a litter in the CuUTt.gOOm as poor
Jack turned rather crcSt-fillcn back to the cN-
Amining counsel. Pretty soon the witness
again sOTght tu explain that his Shipmato,
when he made the assault, was not himself.
Said he, half to the counsel and half to the
jury:
Tom were pooty hard ON for it. He'd
spliced the main-brncc. and doubled the tub,
an tapped the Admiral, mOrc'u-"
The little smooth head of Judge $ bob
bed mp at this point.
stop, witness, | don't comprehend. What
do you mean, 10y doubling the tub, tap
ping the Admiral, and the other equally AIN.
bigu0us eHprcsSionl'
why, your honor" Jack replied, with pat
ronizing respect and Difference, chem tech.
nical terms, used on shipbonrd, which il
aren't expected 'at men in yer honor's posi-.
tion would understand"
While his honor wax subsiding, tittcr
broke loose in the court room, which would
a IA tl,. 1,...l
sternly bitten his lips and loudly commanded
'Ordcr!'