, 1877-10-05
The Judge and the Witness.

II Is very seldom that Judge Walton
fails in accomplishing that whereunto be
puts forth an effort, but short time
since, during session of Supreme Judi.
cial Court, for civil and criminal actions,
in Oxford county, he met his match
or, he found the stick that would not be
split.
The case on trial was about q billof.
sale Of very valuable horse, which had
not been given, and it became necessary
10 show what verbal promises or assur.
ances the defendant had given to the plain
tiff touching the sale of the beast. Defend.
ant declares in court that he never agreed
to sell the horse for three thousand dol
lars. Plaintiff declares that he really
bought the horse. II was so understood
when he took him home, though he did
not pay any money down. There had
been a slight lameness Of the animal,
and the plaintiff must satisfy himself
that it was not permanent injury before
he paid his money. He had taken the
horse home; cured the slight lsmeness
and, under his hand, the young horse
had developed speed that was marvel
Gus. Defendant had heard Of this
speed, and not having yet received any of
the pay for the feet beast, he went to his
neighbours stable, when neighbor was
away, and carried the horse home as his
own property.
Liant. Spankman was called by
the plaintiff to recount what he had
heard defendant say about selling the
horse. He had disposition to
ramble. He wanted to give the converse
ton about the horse as he had under
stood ito give the impressions which
that conversation had fixed in his mind.
"Stop, stop" cried the judge. "This
will not do. Look ye, Mr.. Spank
man, we want you to give to us the exact
words which the defendant used on that
occasion. 1t is not for you to say what
he meant, but only what he said. We
can judge what his intent was. Do you
not remember his words2"
"Yes, sir" said Spankman, with bow,
~ think I do"
"Then will you repeat them to us-re-
peat them as nearly as they were spoken
as you can"
"Well, your honor, Mr.. Jones had come
to see if he could make bargain for
Nutter's Brandy colt. Jones had noticed
a little lameness in the off hind leg, and
he said If he could be sure that was only
temporary, he would give three thousand
dollars for the colt; and as he was a
capital horse doctor, he wanted to take
the animal home and attend to that leg,
and if he could cure it he would ray the
three thousand dollars"
"Yes--and now will you tell US just
the words with which Mr.. Nutter an
sweredi"
"Well, your honor, Mr.. Nutter said he
didn't care"
"Stop, witness. You do not fully un-
derstand. want the exact words which
were spoken. Mr.. Nutter would not
have said what he would or would not, do.
Did he not say, \ will do so and soT He
must have spoken in the first person."
"No, your HONOR ones was the first
person that spoke"
"My dear man" said the judge, smil-
ing In spite of his trouble, 81 mean that
Mr.. Nutter would not, when telling what
he would himself do, have made use of
the third person."
"Of course not, your honor; I was the
third person there, and he didn't want to
use me at all" Nd ....t
"Pshawl Look here, my good man,
simply wish you to repeat the exact
words used by the defendant on that oc-
casion. Give them to us just as they
came from his lips. Now he did not say
he would do it; he must have said, 4 do
not care and so on. Do you under
stand" 81. ... .......
"But, your honor l can swear that
your honor's name was not mentioned at
all--whether your honor cared or didn't
care"
Walton gave it up, and was forced to
allow the witness to tell his story in his
own Ways. @. Jr., in NeU York
Ledger. r-i j. 'e#