The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-06-20
----- Alias 49,"
Et Cetera-Snakes-A Huge Lawsuit
"REMINISCENCES BY AN EX-AB.
BEVILLIAN OF FORTY
YEARS.

BEVILLIAN OF FORTY
YEARS.
I hazard, nothing, 1 feel assured, in
asserting that the most singular citi-
zen that Abbeville aver contained, for
a long or short period, was - alias
"To." He was Il curiosity in his way ;
and had Dickens known him, he, the
former, would have added to his repu-
5 ton rs a detector and deIineator of
rare character. He came to Abbeville
from another locality, q city, as he II
derstood, to read and practice law but
there was Il private and accredited. ru-
NOR that those having charge of him
so transferred him, in the hope that a
change ~ofsceneSand associations would
infusc into him practical ideas and
habits better suited to the demands of
mortal life. Precious little law did he
read, but he drank in enough to pro-
cure q license succeeding a most cred
liable examination. When 50 equip
ped he didn't bother about 'shingles"
and clients i; and if you wanted his le-
gal services, you might find him sit
ting OH q d~ry-goods box whiting q
stick and cracking jokes with such as
he liked or you might find him in
his room, unless lie had gone a fishing,
or was engaged in his favorite muse
ment-hunting and killing snakes.
He and [ strolled down to the old
Block-house one Sunday afternoon,
when [ was startled by the report of a
pistol near me, and turning around I
saw n large snake in the agonies of
death, and while gazing upon it, he
dispatched another near by in the same
way. He had All eye for snakes, and
could see them when no one else could.
I objected to his shooting on the Sab
bath, and in Difference to my scruples
he promised to shoot no more. We
followed the branch half a mile, and
in that distance he, with q stick, add
Ell to the slaughtered nine moccasins,
big and little, and it wasn't the best
day and season either for snake-hunt-
ing. l estimate, and would give as
my opinion, in the most solemn man
her, that during his residence flom
1910 to 1914, lie made sure work of five
hundred snakes, including the ven-
omous and harmless, for he was no
respecter Of species or class. 1t is said
that u snake has not been seen in Ire
land since the days Of st. Patrick. ]
have never been able to ascertain
whether the said Saint destroyed them
u la"To," or by charm ; nor, indeed,
whether there was q snake in Ireland
before st. Patrick's day. At all events
if your vicinity is infested with them,
or has even one, it is no fault of 'To's,"
for he amused himself and served you
well, and with a solemnity that be-
spoke the discharge of a pious duty.
"To" was grave in looks and de-
meanor, and never laughed or smiled,
but could make you split your sides
when he chose, provided you had in
your composition q spark of apprccia-
ton of the droll or ludicrous. He was
also a ladies' man after q fashion, that
is to say, he wasn't afraid Of them, and
could sit by or III front of them at
meals, in a boarding house, without
looking ut or speaking to one of them,
no matter how charming to, or melting
of, others she was. Though often in
vitel to, he never attended, social par
ties, and when he. went to church he
took a seat where there was NJ danger
of any woman intruding OH him. l
remember Il young female friend of
mine, Of twenty-five summers, told
me cOnhder NdUy that she thought Mr..
''TO" a very handsome and interest
ing young gentleman (a part of which
she must have guessed, as he had new
er spoken to her), and that L might, if
[ chose, give him her opinion of him.
l was as good as expected, and all he
did and said was this: "Shc does 2"
ktlN/1t un, ynr, pn,,,ior ,,;tl, al ln
young fellows, and they conspircd to
give him "a start" in his profession,
and every one who could control a
claim, or had one, or had the funds to
invest in a note, did so and sued on it,
and some could have been n0n-suited
for homage of plaintiff: Your records
of the spring term of 1912 will prove,
or nearly SO, what I say. "To" sue
ceeded admirably in obtaining ...judg-
ment by default" in every ease but
one, and that one, with its circum-
stances, is worth, perhaps, an explana.
ton at this late day, although it is in
part a matter of record. That case
stands OF the docket, "a. f. Posey rs.
+. Branch" The note. was signed as
''President Of the Morus Multicaulis
Company" and the so-called Presi-
dent was sued individually. The pro-
cess AMI service we're on the 4th
day of March and required the defend
Monday in March next" When the
case was called, ''To" responded, DE
cree for the plaintiff" when an attor-
ney for the defendant rose up, his head
appearing redler than usual and his
upper lip having more than its wonted
scornful looking twitch, and throwing
his eyes full OH "To," which was an
swered by another mingled with sur
prise and defiance, spoke thus to the
Court:
"A1ay it please your Honor, I ask a
non-suit in this case on two grounds,
either of which, alone, l hold, is suf-
icient to entitle it: First, that the time
to which the defendant is required to
answer is twelve months hence; and,
secondly, there is an omission of
president of the Morus Multicaulis
Company and a failure to identify
the defendant; and the execution is
void, in that it does not also state the
names Of the members and stockhold-
ers of said company, and who are the
duly constituted and legally appointed
officers. The defendant. sir, according
to the reading of this process, is re-
CURED to answer on the 4th Monday
of March of ncrt year. In support of
the second objection 1 feel it unneces-
sary to detain your time with argu-
ment and prccedents so we'll known
and familiar to II SO learned in the
law and ~precedents as yourself. Task,
sir, q nOn-suit."
For the plaintiff, "To" rose up and
replied thus:
May it please your Honor, I am
quite astonished at the positions taken
by the attorney for the defendant. Bu-
l take it. sir, that your Honor is fat
mIliar with the law and ~Drecedents.
Where, sir, is the evidence of such a
legal body as the 'Morus Multicaulis,'
and that F. Branch is the President
y of it? Who is the company and where
are they? Who put the appendage of
president, ETC., to the name? 1t was
y fI,, 1nfo,lnrf rsn, l,, M, nnf 0nh