Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-10-08
MIscELLAME ogs..
THE FORTUNE OF Law

A WAS chatting one day with an old school.
e. fellow OF mine, who though young, was
barrister OF some eminence, when the CON,
versation turned upon his own career. -
People" he said, 'sgive me credit for
much more than l deserve" They compli.
ment me 90 having obtained my position by
talent, and sagacity, and all that: but the
fact is, have been an extremely lucky man
i mean as regards opportunities The only
thing for which can really consider myself.
entitled to any credit is, | always have. been
PROMPT to take advantage of them
''But' | observed, ''you have a high repu
tation for legal knowledge aud acumen. /
have heard several persons speak in terms of
great praise of the manner in which YOU have
conducted some OF your last cases."
"Ah yes" he returned when a gen.
tieman is fortunate, the world soon finds fine
things In him There is nothing like
gliding to hide imperiections and bring on,
exceIieDcles But | will give you one in
stance of what 1 call my luck. 1t happened
year or two ago, and before I was quite as
we'll known as | am now; it was a trivial
thing in itself, but very important in It's con.
sequences to ME, aud has ever since been
very fresh in my memory l had been re>
taiued on behalf Of gentleman who WAC de-
tendant in an action for debt, brought against
him by bricklayer to recover the amount Of
b'ii, stated to be due for building work done
on the gentleman's premises. The owner re-.
fused payment on the ground that a verbal
contract had been made for the execution of
the work, at price less by one third than
the amount claimed. unfortunately he had
no witnesses to the fact. The man denied
the contract, alleged that no specification had
been made. and pleaded finally that if such
contract had been entered into it was violated
by alterations, to all of which he was nre
pared to swear, aud his assistant also ready 10
certify the amount of labor and material OK.
pended l gave my opinion that it was
hopeless case, and that the defendant had bet
ter agree to a compromise than incur anv
further expense. However, he would not.
and was taln to trust to the chapter of ac>
cidcnts for any chance Of success
"Near the town where the trial was to take
place lived an old friend of mine. who after
the h7st days assze, carried ME off in his car
rage to dine aud sleep at his house, engaging
70 driVe me over next morning in time for
this case, which stood next on the list. Mr..
ir'tten, the gentleman in question, was there
also, and we had another discussion as to the
prospects of his defence. L know the fellow. ,
said he. 'to be thorough rascal, and | feel
so couhdent that something will come out to
prove IT, that am determined to persist
said hope 1t mi ght be so, and we retired to
rest"
AFTER breakfast the next morning nv host
drove over in his dog>cart to tho assize town.
We were just entering the outskirts when
from turning down by the old inn and post.
house, where the horse was usually put up.
thcre came running towards us lad pprsued
by man, who was threatening him in saw
age manner. Finding himself overtaken. the
lad, after custom of small boys in such cir
cumstances. lay down, curling himself up. and
holding his hands clasped over his head. The
man approached, and after beating him
roughly with his fist, and trying to pull him
up and without success, took hold of the COL
lar OF the boys coat, and knocked his head
several times on the ground. We were ius.
opposite at the moment, aud my friend bade
him let the lad alone, and not to be such a
brute. The fellow scowlcd, and telling rs
with an oath, to mind our cwn business for
the boy was his own. and he had right to
beat him if he pleased, walked off, ard his
victim scramPed off in the opposite direction.
lhe dog cart was put up, and we present.
~ went on TO the court. The case was opeped
III an ott-hand syle by the opposite counsel.
VINO characterized the plea of contract as
S''0''O" C'aSIOu. duu caueQ the plaintiff and
his principal witness. What was nv surnr;se
to see get into the boz the very man whom
we beheld hammering the boys head on the
curb>stone an hour before! An idea occurred
! to me at that moment, and | half-averted NV
face from him though, indeed, it was hardly
likely he would recognize me under nv fo,
rensic wig. He gave his evidence in a nosi-
tive defining sort Of way, but very clearly
and decisively. He had evidently got his
story well by heart, and determined to stick
to it, rose and made show of cross.ex-
am'ning him, till saw he was getting irri.
tated and denying things in wholesale style.
He had been drinking, too, L thought lust
enough to make him insolept and restless
So, alter few more unimportant questions.
asked him in casual tone
You are marrled, Mr. Myers?"
eyes, am"
.And you are kind husband, suppose?"
l suppose so what then?
"Have any children blessed your union,
Mr.. Myers ?"
The plaintiffs counsel here called on the
judge to interfere. The questions were ir-
relevant and impertinent to the matter in
question.
q pledged my word to the Court that they
were neither, but had a very important bear
ing upon the case, and was allowed to pro-