Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-01
NOVEL SCENE IN COURT.--JUDGE
UNDERWOOD AND GOV. XVIsE.

In the United States Circuit Court at
Richmond Wednesday, Judge Underwood
rendered his decision in the case of VIII
liam G. helms vs.. the steamer John Syl-
vester. The plaintiff, an ex-Confederate
officer, broke his knee-pan by stepping
into a coal hole on the steamer, sued the
owners in November last for $4,000
damages, got verdict for 81, 500, and a
motion for a new trial being now heard,
the court decided to persent the plaintiff
the alternative of new trial, or receiving
So, 900 instead of 81, 500, in acquittance.
Ex-Goy. Wise appeared for the plaintiff.
In the course of the Judges remarks he
gave an account of his first coming to
! Virginia as teacher thirty seven years
| ago; the kindness and courtesy shown
him by distinguished gentleman after
arrival; the services rendered by him to
this gentleman in political canvass; the
greatful return for these services; his sub
sequent marriage, etc. He then adveTted
to the difficulties into which he fell on
account of his antislavery sentiments.
He stated that he had been educated in
this belief; that he belonged to the
straightest sect of Hamiltonian Federalists:
that he was of the school of Penn and
Fox; that this difference of opinion had
not alienated the personal regard of |
his Virginia friends. He expressed |
in the most glowing terms his admiration
foE The talents, requirements and charac-
ter Of Gov. Wise, the leading counsel for |
the plaintiff. He said that his admira-
ton had been formed years before he be-
came personally acquainted with him, |
and with full knowledge of his strong |
pro-slavery opinions; that he attributed |
the difference in their opinions on this |
subject entirely to their different educa-
tons and associations; that since Mr.. |
Wise had commenced practicing in his
court he had always treated him with the 1
utmost kindness and courtesy, and that /
their relations were most agreeable; |
that the Governor, in the argument of /
the case, hadinsisted, in the most eloquent /
way, that the defendants should be
subjected to punitOry damages for their
negligence as common carriers by which
the plaintiff had sustained his injury that
/ 1,I- 4lo r. l
heavy damages as the negligence proved
was slight; but that he neglected to
charge the jury to this effect, although
not specially asked to give such instruc-
ton, and that he thought that the jury, in
of this omission, and per-
suaded by Gen. Wises eloquence, had
given an excessive verdict. For this rea-
son he should decide to put the plaintiff
under a rule to abate his damages, and if
he refused that he would grant new
trial.
AtthiS point Gov. Wise arose and stated
to the court that his hearing was imper-
feet, and that he had in this way failed to
catch several sentences of the Judges
opinion. He had heard the word slavery
used He asked what in Gods name
slavery had to do with the question of a
common carriers lability7 We had suf-
fered enough, in all conscience, already
from this teterrjnlG cNuSG beIH. For
1ne, he had accepted the fact of its over
throw, and was willing to trust, in good
faith, upon the new status of affairs He
lid not question thehOnesty of his Honor's
sentiments on the subject. His Own,
.hough, were very different on the institu-
ion rs established, although not, perhaps,
90 much so on the question Of the abstract
light. But this difference of opinion had
been fatally and finally ended. Negroes
lad become free citizens, and he was
willing they should remain so. But the
he great question now was whether mil
ionsof white men should remain menacled
slaves.
Here Judge Underwood interrupted,
and stated that he was in favor of univer-
sal suffrage and universal amnesty
''Act with me-, said the Governor, con
his platform; aid me in wrenching the
letters from these arms, and from the
arms of my people, and we viii fight out,
side by side, the great battle for American
liberty" He claimed that DO power on {
earth, That no tyranny or oppression,
should ever keep him from using both {
hand and tongue fearlessly in defense of
.he broken liberties of the people. He /
icnied in stong terms, the right of his !
honor to interfere with the verdict of the
Jury on the law and evidence. His argu- '
nent was founded solely on the facts of !
the case, and on the law as expounded by ! ]
is great hghts-Kent, Story, Jones, Par 7
sons and Others. II
He concluded by speaking in high I
erus Of the kindness, courtesy and lib t
srality of his honor to himself and all the | {
members Of the bar, and Of the pleasant
hess of their personal relations. q
The incident occaSioned much aston c
shment among the auditors and members q
If the bar. [