The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-05-27
How. Judge Virgin Rec0nciles Conflicting
Testimony.

A little episode happened in the Supreme
Court last Monday that was really refreshing
in these days of doubt, as to the judicial scales
being rightly balanced A case was being tried
before the Judge, the matter of dispute being
boundary line through some wild lands i'll the
town of Cumberland. A previous court had
ordered survey, and the engineer was on hand
with the copied lines that an unerring transit
had marked through swamp and snow, to show
his duty done. He was modest country sur
veyor, whom one of the contending parties had
employed to hunt up his Spotted line, and
thought his compass had found it, but was
hardly willing to swear the instrument had told
the truth. The only trouble with these lines
was that after it had been shown by evidence
tnat both OF them were exactly in the right
place, they were long distance apart. The
Judge becoming aware that he had learned
enough to know not how to decide the CASE and
little nettled by the conflicting testimony, sug-
gested tnat counsel should select some one, and
he would appoint him. to SEQ and see what he
couiu, and come back certain of what he had
SEEM remarking that though he did not care
what might be thought of his decision, STILL
before he did decide he must know enough
about 1t to decide right" Just here the defend
ants counsel allowed that he had witness
THAT he knew what he knew, certain" This
witness took the stand with an assurance that
promised to settle the thing at once. He told
the Judge that there was a we'll defined spotted
line, that he had traced it its entire length. and
thought he could do SO again. In an instant
roguish smile was on the sharp features of the
counsel for the prosecution, who had contended
all along that there were NO marked trees on
the lot, and he modestly suggested that his
honor should go and see for himself. The Judge
appointed the following Saturday Saturday
came promptly, and as promptly came the
Judge to the spot designated, though some
what changed in appearance and surroundings
Thin polished boots had been replaced by the
more substantial rubber, and the Judicial re-
serve that was won't to hold in awe the motley
crowd that often throng court of justice, had
entirely disappeared. Both the opposing coun-
sci were present, for though willing to trust his
honor as judge, as witness, with characteristic
| shrewdness, they were each bound to make
him testify in their favor, if possible. An en-
| gineer, with a transit, put in an appearance
just to remind the Judge of any optical illusion
in following the spotted line" Old farmers
had come miles to see their interests in wood
lots did not suffer. The expedition, led by the
confident witness, struck out for the woods
Your humble servant in the absence of any reg
ular reporter taking upon himself the double
duty Of hostler for the Judge and reporter for
the PRESS, brought up the rear Without COM
ing to any agreement as to where the supposed
line should commence, all hands went to work
with will trying to find one, running here and
there, closely scanning every tree for smooth
bark, which imagination Immediately decided
to be natural, or artificial, as suited each indi-
vidual interest. 1t was astonishing how much
the two lawyers differed with regard to the age
OF some spotted trees, varying some twenty
| years on trees five or six inches in diameter.
Through bog and bush, over stumps and stones,
ed his researches, vigorously putting cigar,
keep away the black flies while listening to
I conflicting statements What facts he gather
ed to aid his future decision were not apparent,
though he once dropped the remark that if the
claimed spotted line was the true one, it was
very crooked, and also promised if the witness
| es would all come into court again he would
| take back all he had said with regard to the in
| definiteness of their former testimony. Fur
nished with evidence that had never been dis
torted by counsel or witness, the Judge turned
his steps -homeward, probably revolving the
question whether or not his zeal for the right
had not driven him beyond his required duty
l can but think that hereafter those who have
cases of this kind in court will be careful how
they represent them, when they are being tried
before Judge Virgin. CUMBERLAND.