Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1873-06-10
Hoe Judge TirOin RecOnciieS
Conflicting Testimony.

NONgtttstfeU AtN'tNsV"g'
\ little episode happened in the Su-
preme Court in Portland recently that
was really refreshing in these days OF
doubt, as 10 the judicial scales being
rightly balanced. A case was being
tried before the Judge, the matter OF dis
pute bein. boundary line through
some wild lands in the town OF Cumber.
land. \ previous court had ordered a
survey, and the engineer was on hand
with the copied lines that an uueninS
transit had marked through swamp and
snow, to show his duty done. lie was
modest country surveyor, whom one oil
the contending parties had employed 10
hunt up his "Spotted liue,' aud thought
his compass had found it, but WAS hardly
wiilin. 10 swear the instrument had told
the truth. The ouly trouble with these
lines was that after il had been shown ~
evidence that both OF them were exactly
in the right place, they were a long dis
lance apart. The Judge becoming
aware that he had leaned enough to
know not how to decide the case. and a
little ne,ted by the conflicting testimony,
suggested iha, counsel should sc ect some
one. aud he would appoint him. TO "go
and sec what he could, and come back
certain al what he had seen, remarkin-
that though he did not care what might
be thought OF his decision, still, before
he did decide he must know enough
about il 10 decide right" just here the
defendants counsel allowed that he had
4 witness "that no knew what he knew,
certain" This witness took the stand
with au assurance that promised to settle
the thing at oace lie told the Judge
that there was wei defined spotted line.
that he had traced il lis entire length,
aud thought Ac could do so again. In
al instant rOguish smile was on the
sharp features Ui the Coun>e, log the pro-
secution. who had coutended all along
that there We're no marked trees on The
lot, and he mOdesIiy suggested that his
honor should 20 aud see for himself
The Judge appointed the following SAT-
urday. Saturday came promptly, and
a. promptly came the Judge to the spot
designated, though somewhat changed
in appearance aud surroundings. Thin
polished boots had been replaced by the
more substantial rubber, and the judicial
reserve that was wont TO hold in awe tue
motley crowd that often lhrong q court
OF justice, had entirely disappeared. Both
the opposing counsel were present, tor
though willing TO trust his honor us
witness, with characteristic ShIewdness,
they were each bound 10 make him testi.
fly in their favor, il possible. An engi
neer. with 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 wit.
ness. struck out for The woods. Your
humble servant in the absence OF any
regular reporter taking upon himself the
double duty OF ho.tler for the Judge and
reporter for the Pass. brought up the
rear. Without coming to any agreement
as to where the supposed line should
commence, all hands went TO wurl, with
q will trying to find one, running here
and there, closely scanning every tree fer
smooth bark, which imagination in,medi-
ate ~ decided to be natural, or artificial,
as suited each individual interest. 1t was
astonishing how much the two lawyers
dilI.rsd with regard to the age oi some
spotted trees. varyin. some twenty years
on trees five or six inches ia diameter.
Through bog and bush, over Stumps and
stones, for more than three hours the
Judge continued his researches, vigor-
ously putting cigar, and sometimes
building little fire of leaves to keep
away the black flies while listening to
conflicting statements. What facts he
gathered to aid his future decision were
not apparent, though he once dropped
The remark that if the claimed spotted
ilnc' was the true one, it was very
crooked, and also promised it the wit
nesses would all come into court AGAIN
he would take back all he had said with
regard to the iDdefiniteness of thei. for.
mertestimony. Furnished with eyilepc.
that had never been distorted by counsel
or witness. the Judge turned his steps
hOmeward, probably revolving the lues-
ton whether or not his zeal for the right
had not driven him beyond his req aired
duty. 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
IfNI n m