The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-04-08
LETTER FROM CLIFTON.
A RICH SCENE IN THE CIRCUIT COURT
"A KNOTTY HOG SUIT DECIDED BY
JUDGE OWENS.

A E1Ch SCENE In 4t16 OAHSCO OOOhA
A KNoTTY HOG SUIT DECIDED BY
JUDGE OWENS.
To the Editor of the Morristown Gazette:
AS we have no Federal or Supreme
court proceedings to fill the columns
of our Upper East Tennessee pa
pers, and as we are anxious to keep
pace with our neighbors of the me-
tropolis who have had such a run Of
interesting court proceedings, re-
Gently, have been induced to send
you some Of the proceedings of our
Circuit court at Clifton, Cooke
county.
There was a certain case upon the
criminal docket in which His Honor,
Judge Randolph, was incompetent,
and his incompetency came about in
this way: 1t seemed that the Judge
owned an interest in a drove Of hogs
which were driven across the noun
tains in Cooke county, some time
ago one Of the hogs broke down
and was left in the road, and, short
" afterwards. was found some dis
lance from the road in a field. at
the next term of the Circuit Court
one of the owners of the hogs mot
the Judge however, appeared be-
fore the Grand Jury and preferred
an indictment against certain man
for stealing the hog.
When the case was reached upon
the docket the Judge promptly an
nounced his incompetency and or
dered an election for special Judge
to try the cause. whereupon Benja-
min G. Owens, Esq was elected to
preside as special Judge on the trial.
Upon taking the bench, Judge
Owens remarked, that he had not ex-
pected this honor to be conferred
upon him, and was somewhat sur
| prised to find himself in such an ex.
allied position, but that he could
see very clearly the causes that had
led to his election one, he SAID, was
his known loyalty-he having been
war Democrat; the other, was
Judge Randolph's half,interest in
the hog.
The Judge directed the trial to
proceed, in the course Of which the
counsel for the defendant proposed
to prove certain statements made by
the defendant while in the act Of
driving the hog through the fields
the Attorney General objected, and
lengthy discussion arose as to the
admissibility of that evidence; the
Judge listened very attentively to
the argument pro and con, and final
Iy gave his opinion that in civil
action for the valae of the hog the
evidence would probably be admissi.
BILE, but said that in q prosecution
for stealing the hog, he felt con
strained to hold that such evidence
could not be heard, wherenpon the
defendants attorney undertook to
prove to the Court that the rules OF
evidence were precisely the same in
civil and criminal actions, and al.
though he was allowed ample time
to ransack all the law libraries in
town he failed TO satisfy the Judge
of the correctness of this position,
and the evidence was ruled out. At
this stage in the proceedings defend.
ants counsel commenced q bill of
| exceptions the Judge kindly waited
about an hour for him to prepare il
and then positively refused to sign
it or have anything to dc with it
Defendants attorney insisted that
he had a right to file a way-side bill
of exceptions, but the Judge re-
marked that he didn't propose to
run any ''side-shows'' to the court
while he presided. and SO he should
sign no bill of exceptions till the
case was concluded.
Defendants attorney proposed tc
prove that it was the custom in that
neighborhood when hog was left
on the road, for the first one passing
to turn it into a field and keep it till
claimed by the owner.
The Attorney General objected,
when another discussion arose which
was terminated by the Judge re
marking that he should hold thai
the defendant had no right to prove
that it was customary to steal hog.
in that country, and that in his opin
ion such was not the custom. De
PENDANTS attorney still insisted that
the evidence was admissible, and
the witness kept talking despite the
efforts of the court to have his ruling
understood and observed, and amid
the confusion OF voices of the Judge,
the witness aud the defendants st
torney all of whom talked at the
same time, one could barely distin
guish the rawlings of the Attorney
General who was standing on tiE
toe in front OF the Judge. making
frantic efforts to call the attention
of the court to the fact that defend
ants attorney was committing s