The Hartford herald., 1877-05-30


, case, which pleadings were spun out t
: an almost interminable length, by til
most verbose repetition and unless for
mality, a single case will illustrate
"A suit WAS brought against Stephe
: Stateler, the fret sheriff, on his oilicia
bond. This suit was brought in til
name Of the Governor for the use G
Smith. The declaration was in debt 70
the penalty Of the bond, 50, 900, an,
damages; for Its detention aner severs
references TO the rules and time given T.
imparL Defendant appeared and crave,
over OF the bond and the condition thereto
which was read and copied on the record
lie then plead conditions performed
to which plaintiff rejoined denying
conditions performed aud set. on
that smith had recovered q judg
ment against certain Robert Baird, or
which a cdsd had issued, under whIcl
Stateler had taken Baird's body and thei
permitted him to escape. This replica
tion sets out the judgement and execution
with the utmost precision. To this re
plicaliOn the defendant demurs and re-
Joins. setting canses OF demurrer, and fOl
rcjoinder. Gays, that Baird, after escaping
returned and gave bond TO keep The pris
on rules. &c To this the plaintiff de-
mnrs and rchuts, setting ont special caus
ca OF demurrer. The whole case covers
twenty pages OF the record book, and il
is finally settled 10y the courts sustaining
defendants demurrer TO plaintiffs replica
ton, and giving defendant Judgment for
his costs, and leaving plaintiff, (his excel
/ lency.) in mercy as the record has it.
Those old records throw much light up.
on the commerce. manners and customs
of the early day. There were but few
criminal prosecutions. but Pre1entments
for drunkenness were very common, and
/ it might he inferred that our people then
swore like the army in Flanders, for be-
sides several constables, one OF the asso-
ciate Judges WAS fined on the same day
for cursing his fellow -townemen and his
oxen. Only one or two assault and bal>
ferry cases are found. A Mr.. Peter Clsy-
combs. sues Elijah Hardin, both parties
of Breckenridge county, for assaultIng
him with n cowhide whip, and other
deadly weapons, aud cruelty beating him
until his life was dispaired of, for which
wrongs the jury gave him $40. Very
few actions Of debt occur, the declaration
being inconvenient, Tor the notes of the
dav were mostly payable IN horses CATTLE
saIr whisky. skins, firs. venison hams,
&c &c. Martin II. Wicklifie, then a
merchant in Hartford, sues William
Wallace for damage resulting 10y his neg
lirence TO a load Of cotton, buffalo skins
deer skios, coon skins, &c, which lie
had contracted to havl TO the town OF
Lexington, Ky. That place and Bards'
town being the points to which merchants
had then to ship their country produce
and from which they got their supplies OF
merchandise. The two first resident
LAWYERS in Hartford were Henry DavidGe
and Samuel Work Davidge, although
he had the reputation so far as manuel
labor was concerned, of being the LATEST
of men, was perhaps the most formal
pains.,aking craftsmen of his time. lie
kept up all the formula of LincOlns lnn'
leaving nothing TO implication or infer>
ference, having his case always ready
and well prepared for trial lie lett no
repu,atiop behind as an orator or de-
claimer, but his manner was calm, Dig
nified and dispassionate, quiet, ret'ring
and unobtrusive. His conversation IN a
aerial circle. or with a fireside frlend'
was deeply imbued with philosophy, NOR
ality and religion. A Junior member oi
the bar was heard to say that Judge
Davidce came nearer Socrates than any
other man ever known. lie was finally
appointed to a judgeship in the upper
portion of the State, and removed to
Henry county where he lived to an ad-
vanced age.
Except in moral worth and integrity,
Work was unlike Davidge in every re-
spect, as q craftsman he was very short
condensed and pointed As speaker
he was fluent, impassioned and frequently
quite eloquent, As boon companion
he was iovial and hilarious, but irritable
and passionate. It is related that sever
al times he became so irritated with
Davidge that he made assaults upon his
person, but Davidge being far his supe-
rior in physical strength. would catch
and hold him until Works passion sub
sided, sr friends interfered. One anus
ing instance particularly is related.
They were returning home from court in
a neighboring county; they had stopped
TO rest under a cool shade; a discussion
sprang up in which they differed; Work
became excited, and finally attacked
Davidge, who calmly caught and had to
hold him on the ground until Work
promised to behave, which he di I. for he
was man of his word, and they rode in.
to.town as If nothing had occurred.
Work finally removed to Bowling
Green, where, for long time he stood at
the head of the bar. But intemperance,
that insatiate monster, that fills the land
with widows and orphans. that sits like a
nightmare over our hopes and happiness,
steals away our brightest and best jewels
Of society, had watched him for a victim,
and he fell, as thousands are still falling,
into drunkard's grave.
NorH,-Typo, in chapter VI, makes me
one Of the first Justices sworn in for Ohio
county. ! protest against this, as it
would make me at least one hundred and
thirty wears old, Ii was Harrison Tay-