Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-08-03
LEVITY IN WYERS' BRIEFS.
All Abort a Horse aud its Value.

From tho Virginia Law journal for Augusta
Among the interesting "NOtcs " in the
May-June No. OF our contemporary, the
american Lar Rcrietr. we find the follow
Ing, taken from the Canada Ian Journal,
where il is cited as an instance OF "buOy-
ancy OF disposition which speaks OF limo
cency OF heart, and is always calculated TO
create an agreeable impression" 1t j. an
extract from the brief for the appellant In
a certain case. "The plaintiff in this case
is known as very clever man, not liable
10 he imposed upon or unfairly dealt with,
but il portions OF his evidence which he
would have the court believe are TO be be-
lieVed. he Is the most credulOus man IN
the universe; but this cannot be believed
by any one who IL acquainted with him or
his reputation. Any one who believes that
he il the credulous baDe he pretends 10 be
in evidence. believes an impossibllity."
To which the heUien adds: This il
very mild species OF playiulness compared
with what we frequently see in briefs filed
in our courts Of justice. We
recollect case where the respondent in an
appeal, having drawn up In the most minute
and patient manner history OF the case,
with q catalogue OF numerous objections,
apparently frivolous, made by the appel
liant, wound up his statement thus The
defendant being now tired, rested" We
can furnish our contemporary with one or
two OF the same kind, and better, we
think. than either Of the above: and we will
tlkethtm all from the briefs in one case, re-
Gently decided in the supreme Court Of APP
peals Of Virginia. Ii was n SUIT against rail-
road company for damages 'oi the killlngO ola
raee-hOrse "a Kind OF embryonic wonder
4 Al. n
$4,000 were demanded) by the alleged
negligence OF the defendant. The briefs
on either side were fed by two OF the
ablCst LAWYERS in the State. and through
them flashes a wit as bright and keen AZ the
c!meter Of Saladin. Mr.. d., for the appel
lants the plaintiffs below furnishes us
very happy introduction: "The fine wit
and humor OF the appelee's counsel, Of
which there is no. stinting display in their
mief, admoni,hes Us that it were vain
thing, Us against them, 10 enter the arena
Of which Puck is the ruling spirit. Aud
we will be content TO laugh, With other
readers, over their highly amusing sallies,
garnlshed with the eruditIon OF romance,
il we be able to present fairly the law and
the facts" We shall see how well he
kept his promise. Mr.. b., for the
uIptIltt WIN ltCitlilS
the evidence foy the plaintiffs rs TO the
"polnts " Of the horse, accompanying 1t by
an lnimitable running commentary, con.
cludes TINS "When King Richard offered
. kingdom for horse his prophetic soul
must have yearned for the coming 'Bris-
tow" The evidence consisted In part OF
the dispositions Of a good many "horSe ez-
peris,v who testified 10 the qualities aud
promises OF the deceased, and among them
Dir. II. b. Clay, who said in answer TO ques-
tlons that he was grandson OF Henry
Clay. Mr.. b. having referred to this wit
ness as "favoring us with his own pedi-
gree.r Mr.. ID. retorts as follows: at Is ell.
rious that sn honorable pedigree should be
thrown up as a reproach to man, while it
Is conceded TO exalt horse. Ger
fainly Il is not 'horse-sense to do
To The same witness. speaking to
his qualifications rs an expert" said he
). had seen horses trot from Lexington,
KY, to Wisconsin,; whereupon Mr.. b.