Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1876-02-24
WHERE THE FUN CAME
A Legal Joke That an East
Tennessee Lawyer Played.

dog laws were not. The place, country
'eat IN mountain county Of East Ten.
nessee. The court was drawing to close
and there was quart at least of native
nirth in the judge when he directed tho
clerk to call the case of Simmons vs.
Brownrigg-replevn, appeal from nag,
istrate's court. Brownrigg was working
ior Summons, with several others, and
each of the workmen laid claim to one
apiece Of remarkably fine litter of pups
Nhen Brownrigg left he carried of a
piece OF rope with his pup firmly at.
tsched to the end Of it. Hence replevn
by Simmons. and, contrary to all right,
Judgment for defendant, and appeal by
plaintiff.
The Judge finding the defendant not
represented by counsel, l,appointed Col. II =,
late e. s. A.. one of the lawyers. as ohe
Of the lcadia! young men in East Ten
nessee, to defend. Of coursa it was plain
to him where the right property, or to be
plain, the jus prprietatiS, LAY aud equally
clear thai the bar, court and crowd was
in for fun. A jury was empanuelei und
every staid citizen, granger, clergyman,
doctor or what not, was called III and
asked all sorts OF Impossible questions
concerning dogs, and much valuable in,
formation was elected about ours, span
les, settlers, pointers, yaller dogs, old
bgindieS, coon aud poSsum dogs.
The opposing counsel belabored the
witnesses, aud appealed to the court and
bimuddIed tue jury, as they crew from
each witncsS Que statement after another
concerning the poIuts Of good dog, and
then discu ,Sed 1t pro aud con, aud then
on one side or the other. got the court to
exclude all the evidence in aud began
WI h the wituoSs de nOU0. Tao medical
profession had presented the anatomy Of
tue dog, the clergy had given his theolsg
l:aI aspects, the Judge had gwen several
earned oplnious, aud the counsel had
souudly bclabOred each other and remind>
ed the court OF magma churtt and the
witt Of htjcuS corpus, the palladium
Of y gIo>Saxon liberty.
The court was in tip top good humor,
the crowd was jol y, anu the case drawing
to close, When Major g., gallant
oificcr in the late unpIcasau ness, on the
part Of the party in blue, entered the
cour house. He suuffed fun in mo.
meut. 1t was not his custom to regard
fun possessed Of the real salt of fuu
unless he was consulted. lie entered as
il he knew it was sure to bc failure -
Col. Ii. espled him aud at once said,
Come in and help me-
"Oh no, he replied, 81 don't know the
facts-have just come iu."
mo diiterence-gye you all the facts
in u minute said Col. H.. and proceed.
ed to relate a moving tale OF trst-rate
spotted hound pup swapped by the de-
lendant for jackass warranted sure
jackass for all the puposes implied i'll the
name, and boo. paid. The jackass, after
having been used up and down the moun
tainS Tor every purpose to which jackass
could DC applied, proved Il total and igno.
minious failure, bankrupt aud utterly
insolvent jackaSs, all liabilities and no
assets. Col. G at once went Into the
case, aud after learned and humoroys
dl,quistion ON dogs, aud an aLle presen.
Ia ION of tho dog side Of the case with au
eu,ogy pronounced On the dog in point, he
said:
And now. gentlemen, come to the
jlckass.'
There was a glance o. aStoniSbment and
an out burst as be pictured the defendant
with wife and children dependent upon
the energy with which he exercised the
industry of standing that jackass in the
community, aud the enterprise with which
bc had displayed that jackaSs in every
green vale, ON every blue mountain peak.
or bleak hillside, or fertile plain or
valley; how be, had with persistent en-
ergy introduced that jackass to the en-.
tire commlfityeat $40 to insure. and
had to expend his small patTimony in
meeting the liabilities arising from the
disastrous ownership of that worthless
animal, bringing wife, mother-in-law
an nineteen small children to poverty
aud starvation, and driving him to the
States most gracious writ OF repIevln to
recover the valuable hound pup.
When be broached the jacksss, tha
court prlcked up its ears, the jury smiled
audibiy and the crowd roared. The at.
tornsy rose with the occasion and sweled
with the merrimsnt of the crowd. de
knew he was getting of a good ching,
from the tremendous effect on the con
vulsed crowd, court. jury and bar He
, was stimulated to lottisr fights until the
court. catching its breath, finally roared
through the din.
Mr.. G.. the court never heard of any
iackass in the case until you got up to
speak"
As they rode toward Knoxville that
evening, Maj. G. was silent for several
miles. Finally be rode by the side Of
Col. H.. and said to him sOlsmuly and
s,, rrass;vclv .I will made an earnest