The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1872-09-24
Sharp Pract ce.
ny JUDGE CLARK.

BY JUDGE CLARK.
Ia the science Of law, Mark Mupgen
had many superiors in the art OF prac-
tice he had few equals. His forte lay
ia fighting off a case. He would have
beeu no match for Daniel Webster in
the Dartmouth College case but it is
the opinion of the writer that the Dart
mouth College case would not have been
tried vet, had Mark been on the other
side of it,
He came to the bar somow hat late in
life, his chiet training for the calling
being an expensive experience acquired
in defending suits against himself, after
having failed in the liquor business-a
misfortune he was accustomed to attrib-
ute to Temperance conspiracy to bear
the market.
He was the favorito attorney of re-
luctant debtors. If u man wanted time
Mark was invariably employed to get it.
He was a legal Fabius-a walking form
book Of dilatory pleas. There was a
moving eoqueuce in his afidavits that
would have melted less obdurate heart
than that of the presiding Judge, on
whom they were very often thrown a.
wav.
Very sorry, Brother Mungen. was
the latters usual answer, 'but--the trial
must 20 on
But that was no sign it would 60 on.
Mark would sit down dolorously while
his adversary rose to open, when, but ten
to one some important paper would be
missing from the flies, and Marks oppo-
nert would himself be forced to apply
Tor an adjournment.-The missing docu-
ment in time would turn up, probably in
the wrong pigeon hole. and the lawyers
would growl at the clerk and the clerk
at the lawyers, and SO the matter would
end. 1t was a noticeable fact that these
accidents nearly all happened in Mark S
cases.
A case Of Marks, after many adjourn
ments, had been set down 'pcremptorily.
Mark appeared for the delence-he was
generally on that side. 1t was an action
TO set aside as fraudulent some sort OF
an instrument, for which no legal name
could be found, drawn up by Mark him.
self to enable an embarrassed client to
cover up his property.
The case had been sworn off as long
as swearing could put it off,and the Judge
said it must now 60 on.
Mark made final appeal. He had
absent witnesses, and sick witnesses, and
didn't feel we'll himself But all to nc
purpose.
Proceed gentlemen, said his Honor
curtly.
Finding further expostula,ions useless
Mark sat down with the look Of a martyr
waiting for his crown. His opponent
Watt Wiley, a sharp, wiry little fellow
keen as a brer and alert as Scotch ter
rier, got up to open. After few sec
onds his fingers began to twitch nervous
ly, and the papers in his hands rustled a
he fumbl them over.
IL don't find our depositions,' HI
stammered anxiously.
A rapid but unavailing search wa
made
Can you 90 on without them?' iuquir
ed the Judge
No, your honor.
well, well, Brother Wiley said Mari
with the benign air of one ready to re
turn good for evil, III take no advant
age of you. The case may be put oi
till next term
, But | don't rant it off, said Watt
turning sharply on his opponent.-'Elav
you seen anything Of the papers, Nh
Mungeu ?
5 Not since yesterday Mark answered
e when read them over in the clerks Of
tee.
May be you forgot, and put them /,
. your pocket
Mark searched himself pro torma, an
. shook his head.
s As a last resort, Watt asked 10 hav
the case laid over till next morning
II Mark streuuously objected. He woul
not mete to his learned brother the sam
= measure the latter had sought to mete III
to him. He would not force him to trii
3 unprepared. That was not his practice
IS But, when case was called, the rule WI
d to try it or put it over the term. Il
E. learned brother might take his choice.
The Judge, however, thought Watt
: request was not unreasonable, and gran
ed it.
The clerks office was thoroughly owe
hauled, but the lost papers were nowhel
to be found. The clerk was positive hi
he had not mslaid them, and that the
loss laid between the attorneys.
Mark and Watt were stopping at Il
same hotel, and that evening The forme
who was of social turn, called, as h
habit was, at the latter's room.
Watt was resting after the labor Of b
search.
Come in, he said, without rising, al
help yourself to some refreshment. "
will find the bottle on the shelf in Il
closet
= Mark knew the spot, and didn't wa
for a second invitation. Taking out Il
u. stopper, he looked beamingly on
oy friend.
" Here's that you may have better lu
- next time he said, raising the bottle
his lips.
re, He took one swallow, and filed
mouth for another. when direful chan
d came over his countenance. Its joyo
x;o,las stiffanad into rioid linaa His av