The Dawson journal., 1885-05-28
JUSTICE DooLITTLE's COURT.
A Famous Decision Renderedin an
Average County Court of Justice, !,

Nssf :
There may be a difference with
out distinction, as well as there
may bea distinction withouta diff
ference, every well-informed law
yer will unhesitatingly admit. - Z
The above legal preposition,w was
forc1b illustrated by a decision
recently made by Justice Doolit-
tie upon the trial of a possessory
warrant for the recovery of a GER
tain black and white spotted heif-
er calf. The party in possession
swore that his heifer was black
and white spotted, as was the
heller before the coult. The par
ty who swore out the warrant
proved that his heifer was black
and white spotted, with little
more of the one than the other.
Which was which, however, he
was unable positively to swear.
Justice Doolittle. weighed the
testimony carefully, with his
hand pressed heavily against his
Blackstonian brow several mo-
ments. He arose from his judicial
chair, walked solemnly across the
room to the water jar, and drank
a full dipper of water empty,pla
ed fresh quid Of tobacco in his
mouth, returned to his desk, sat
down, and in a sonorous voice call
ed on constable Wiggins to keep
order while he rendered his decis-
ion.
"This ar the beatenist heifer
case [ have set on for many a
year" said the justice; "and cord
ing to my way Of thinking it's the
tarnationist case [ ever read or
hearn of. First and foremost, the
heifer is out thar tied fast to that
ar blackjack, and [ may just as
well say she's in the constructive
presence Of the court, and in the
hands of the law, represented by
constable Wiggins of the 87th
district. These ar plain facts
which the plaintiff, nor the de-
fendant, nor the State, nor the
prisoner, nor the court, can put a
word against.
''In the next place, that ar heif-
er belongs to somebody, arter the
costs are paid. She is black and
white spotted. She is bound to
be one the tother, because thar
aint no testimony otherwise. My
coat may be black and white,
which it taint, as you all can see;
it's Of a sky blue nature, but we'll
spose it ar. Now constable Wig
gins coat mought be Of the same
color by nature as mine ar, but it
taint, leastwise it wern't the last
time he had it on. Beings as he
don't generally wear that kinder
kuyering in hot weather, he haint
got no coat on, and as he lives be
yant the creek, [ aint gwine to
send him arter his coat to prove
this pint, which is clear enough
to the mind of the court, and as [
generally runs this court cording
to my own notions of the laws of
Georgia, I speck I'll settle this
pint cording to my own ideas.
CAS- I was saying, if my coat
was white and black, with a leetle
more of the one than the tother,
and constable Wiggins' coat was
white and black, with no more Of
the one than the tother, or sposen
it was as much like my coat as
two speckled peas, and he was to
get a-hold of my coat and [ was
to issue a possessory warrant agin
him and the coat, how do you cal
culate [ would decide that ar case?
[ would impartially give a judg-
ment for the plaintiff"
In violation Of the rules Of ssall
courts, constable Wiggins inter
rupted the justice and whispered
audibly that ''the heifor wern't
worth the costs, nuther was the
plaintiff. ?"
Constable Josiah Wiggins, of
the seth district, aint [ told you
that | runs this court cording to
my notion of the laws of Georgia?
If you interrupt this court agin a.
whisperin bout pints already set
tied by this court I'll commit you
to jail for six months, or so long
as the law directs for contempt.
Gentlemen-you Mister Plaintiff
and you Mister, Defendant speck
it's better to leave this heifer