Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1872-03-21
How the Case Was Put.


How the Case Was Put.
One OF the foremost lawyers in
Canada is the famous Queens
Counsel sO,Reilly, of Kingston,
who secured such areb1tation by
his successful and highly dramat-
ic management OF the prosecution
of Whelan for. the murder OF the
Hon. Thomas Darcy McGee.
Tall, handsome, Aorid, portly. jolly
Of eye aud mellow of voice, he
recalls irresistibly the Irish coun-
selor of fifty years ago, alike pre-.
pared for the bottle or the bar,
ready with a joke. a challenge, or
ademurrer. Well, Mr.. O'Reilly
was once engaged for the plain
tiff in a suit where it was sought
to recover $4,000, alleged 10 be
due by defendant, who denied the
existence of any liability whatev-
er. 1t was on a country circuit
The Jurors were Of the agricultur-
al persuasion. For two mortal
days the counsel on both sides
pelted them with authorities, ref
crences, objections, cross-eXamina-
tions. rebutting evidence, teStimo-
ny in observation-disclosures and
the Chief Justice ouly knows
what-till the honest farmers were
reduced to a comatoSe condition.
All this time o Reilly had stood
aloof, and when he rose, a MOURN
tul sigh brukc from the twelve ju-
rors, sure that he, too, would bring
down upon them perfect ava
lanche of authorities. Judge of
their surprise and relief when the
eminent counsel, in his blandest
voice, commenced "Gentlemen,
l shall not seek wilifully to con
fuse ypu with false quotations,
which cannot affect the judgment
of honest and sensible men. The
case is a very plain one. My eli
ent says the defendant owes him
$1,000; the defendant says be owes
my client nothing. They have
ben talking the ma ter over these
two days, and come to 90 conclu-
zion. ask you TO look at this
question from the standpoint of
your own plain practical com
mop sense. Suppose that any
one OF you were about TO trade
horses (here the jurors pricked up
their ears ito trade horses with
mel repeat with me. You ask
500, | offered $50. We couldn't
come to terms. We naturally
went to some honest and sensible
neighbor, as might be your worthy
foreman, and he decided that We
should split the difference, as the
fair thing between mau and man.
That Is all | ask you to do--juSt
deal fairly between us, as you
would be dealt by. leave my
case in your hands In five
minutes the jury returned ver-
dict for the plaintiff for $1,000,
that being their way of splitting
the difference between 50 and
$4,000, and the plaintiff has not
ceased TO regret to this day that
he did not bring suit for 81, 200.
There was a small Presbyterian
church in Nauvoo, ILL.,, the ancient
seat of Murmonism, and prayer
: meetings were held at the private
houses. In the congregation was
man named Powers. Although
having SO strong a name he yet
had a weakness for sleeping du'
rius the services. In one of the
prayer meetings he was present,
and, as usual, his "powers succum.
bed to the drowsy god" The
minister not noticing the situation,
nor thinking of the sleepy man.
commenced with due solemnity
and earnestness to read the hymn,
"My drowsy powers, why sleep
We so?" A young man in the
congregation thought the hymn
was composed for the occasion, anC
exploded" The gravity OF the
audience was disturbed, and there
was not very good order durins