Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1872-06-01
gales ) Sketches.
PAINT AND TEARS.
How Case in Court vas Lost.

during the trial of an important cause at
EillcottVllle,a "a circumstance occurred which
exhibited the superior qualities of Solomon
". liaVen as tactician at the bar, the
gravity and success with which he used his
satirlcal powers, and the facility with which
nc seized momentary advantages.
The action was brought by a Miss Jane
flali against one Pusiter, n wealthy farm.
etr, for carelessly aud neglgently driving
lumber wagon, drawn by span of horses,
against her carriage, in which she was tra-
veihS., The carriage was overturned,
BADLY damaged, and the lady considerably
injured. The defendant insisted that the
accident was the result of the plaintiffs
carelcssness, and he therefore refused to
make any amends for the damages which
she had sustained.
ihe late Judge Mullctt appeared for the
plaintiff, and Mr.. Haven for the defendant.
The plaintiff was a maiden lady, thirty
siA years oil age, who, prompted by her de-
sire 10 retain her youthful beauty, was in
the habit of intinE ta hfs thG Was frequently
initiated, and i'll some instances quite out
done. She appeared at the trial with
cheeks that We'd the richest carnation. So
decidedly youthful was their color, that an
imaginative person might easily have taken
her for Hebe invoking the protection Of
the law. Seated by the side of Mullett,
whose physique, naturally not the most
fascinating, rendered quite ugly by one of
his eyes which had been bleared by acci-
dent, the two formed n group which n
poetic painter might have seized to exhibit
the force of contrasts. 1t is true that n
connoisseur might have detected a surplus
of the rare and beautiful coloring on the
cheeks, for, on this occasion, she had not
spread it with her usual soft, delicate touch
and rigorous accuracy. But then, she was
surrounded by those who, even if they pos
sessed the power Of criticism in such mat
ters, were decidedly too gallant TO exercise
it aud to those at little distance the lady
passed for beautiful and youthful girl.
Mr.. Haven saw before him a very unpleas-
ant and difficult task-that Of trying cause
against pretty woman. Like all lawyers
who have been similarly situated, he was
well aware that this circumstance would
operate against his client but, believing
he had strong deltnse-that the law was
with hm-he hoped to triumph over SYM
pathy.
The trial proceeded. Mullett presented
his case with that mastery ability for which
he was so Justly celebrated. But he found
in Haven cool, collected and wary oppo-
nent, one who, without any glow of ina
gination, was powerful in his knowledge of
the law and the rules of evidence--one who
made up III skill what he lacked in impress
sive eloquence.
At length the counsel for the plaintiff
rested his case, and Haven promptly moved
a nonsuit, on the ground that it appeared
from the evidence that the injuries received
by the plaintiff were the result of her own
carelessness in not continuing in that part
of the highway which, according to the di-
rection she was going, the law assigned to
her. This motion brought on closely
contested legal argument, for in those days
lengthy discussions were permitted ut the
circuit.
In resisting the motion, Judge Mullett,
after discussing the legal questions it in
volyed, in order to bring the facts within
the law as he construed it, alluded in elo-
quent and pathetic language to the circum-
| stances of the case-to the injuries and
sufferings of his clent--the doubts of the
real position in the highway which the lady
occupied at the time of the accident-the
heartless cruelty which governed the con-
| duct of the defendant, and finally to all
| those incidents which in cases of this ma
! ture arouse sympathy, and which, though
addressed to the judge, always affect the
jury. His argument yisibly touched his
client who, TO hide her emotions ana ber
tears, was compelled to bury her face III
her handkerchief
Haven felt that his clients case was suf-
feriug under the burning language of his
eloquent opponent, which he saw was at
fccting the jury and even the judge, while
it created u strong sympathy for the lady
among the members of the bar and the
spectators. He began to feel that notwth
Standing all his efforts, his cause was tc
be lost in the feeling which her counsel wa:
creating in her favor. For him to attemp
any answer to such storm Of eloquenc'
was quite out of the question, and he pre-
pared lis mind for the worst, while hi
client looked the picture of despair. Blu
it happened that just before Mullett closet
his argument, Haven made o discover!
which he turned to his advantage, neutral
izing all his opponents eloquence.
, After the plaintiffs counsel concluded
Haven, in closing the argument OF the mo
, ton, said
,, ''If am not mistaken in the authoritie
/ have cited, and in the facts which tn
evidence discloses, this motion should pre-