Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1878-03-26
3flisttuanp,
The Judae and The Witness.

1t is very seldom that Judge Walton
fails in accomplishing that whereunto he
puts forth an effort, but a short time since,
during a session Of the Supreme Judicial
Court, for civil and criminal actions, in
Oxford county he met his match-or he
found the stick that would not split.
The case on trial was about a bill of
sale of very valuable horse, which had
not been given, and it became necessary
TO show what verbal promises or assurance
es the defendant had given to the plaintiff
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 in court that he
really bought the horse. 1t was 50 I'M
.crs,ood that he took him home, though
he dil no, pay any money down. There
had been = slight lameneSs Of the animal,
and the plaintiff must testify himself that
it was not permanent injury before he
paid his money. He had taken the horse
home cured the slight lameness; and,
under MS hand, the young horse had de-
vclcped a speed that was marvellous. De-
.endant had heard of this speed, aud not
having Yet received any pay for the feet
beast, he went to his neighbours stable,
when neighbor was away, and carried the
horse home as MS own property.
Liant Spankman was called by the plain
,if 10 recount what he had heard defend
ant say about selling the horse. lie had
q disposition TO ramble. He wanted to
give the conversation about the horse as
be understood ito give the impressions
which that conversation had fixed in his
mind.
stop, stop, cried the Judge This
will not DO. Look ye, Mr. Spsnkman,we
want you TO give Us the exact words which
the defendant used ca that occasion. Ii
Is not for YOU to say what he meant, but
only what he said. We can judge what
his intent was Do you remember his
words >"
Yes, sir, ." said Spankman, with bow,
IL think do. -
Then you will repeat them TO us-re-
peat them as nearly as they were spoken
Is YOU can.
well, Your honor, Mr. Jones had come
to see 1t he could make bargain for Nut
tiers Brandy colt Jones had noticed a
/ little lamencSs IN the of hind leg. and be
| said If he could be sure that was only
temporary, he would give three thousand
dollars for the colt; and as he was a cap
ital good horse doctor, he wanted TO take
the animal home aud attend to thaCleg
aud it he could cure it he would pay the
three thousand dollars"
"Yes-and now will you tell US Just
the words with which Mr. Nutter answer
ED"
We'll, your honor, Mr. Nutter said he
didn't care
stop, witness You DO not fully IN
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, i will do so and so p He
must have spoken in the first person"
No, your honor.-Jones was the first
/ person that spoke
My dear man, said the Judge, smiling
10 spite Of MS trouble. IL mean that Mr..
Nutter would not, when telling what he
would himself DO, have made use of the
third person.
"Ot course not, your honor; l was the
third person there, and he DIDN'T want to
use me at all.
"Pshaw Look here, my good man, |
simply wish you to repeat the exact words
used by the defendant on that occasion
Give them to Us Just as they came from
MS lips Now he did not say he would
10 II; be must have said, i do not care,
and so on. Do YOU understand ~
But, your honor, can swear that
! your honor's name was not mentioned, at
ai-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
OVID way-N y. Ledger