Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1886-04-30
THE LINE FENCE SUIT.
BY ROB ROY.

here given. The case had been on
the docket for four years, but ut
each session ofthe Court, on motion
Of one side or the other, had been
continued to the next term.
The plaintiff and the defendant
were planters whose land adjOin-
ed. Both estates were large, num-
bering thousands OF acres. Both
men were of high standing in the
community, educated, accomplish
ed and influential.
a single fence, about two miles
in length, had formerly separated
the plantations, and been Jointly
kept in repair by their respective
owners. But the cattle of one hav-
ing broken over the fence into a
field of the other, and a hired man
having injured o. killed some of
the trespassers, i'll feeling sprang
up over the occurrence between
the two neighbOrs which culminat-
ed in a quarrel and the disagree
able agreement that each should
build and maintain a separate
fence Immediately alongside the
others. But even this double pro-
lection did not prevent marauding
cows owned by the plaintiff in the
case from breaking into the defend
ants field where they were killed
and for which the plaintiff had
brought suit. But under the amend
ing skill of the lawyers, complaints
and cross bills had increased until
they included the entire two miles
OF double fencing and the dividing
line between the two properties,
and the principals to the suit had
become aienated and for four years,
though residing but a few rods
apart, and this in the country, had
never spoken to each other.
In the fourth year of this aliena-
ton a new judge had been appoint
ed for the Circuit and before him
the case which, from its long con-
tinued presence in Court, reminded
of "Jarndyce and Jarndyce,' was
at last sounded for trial with both
sides announcing ready. Each had
gone to considerable expense in
the retaining of counsel and the
employment of civil engineers for
surveying the lands and drawing
maps of them for enlightening the
Court and jury. Scores Of witness
es had been summoned by either
side and the community for miles
around having, in one manner or
another, become involved in the |
issues of the case, were now filling
the Court room.
Several hours had been consumed |
in obtaining a jury and other pre-
liminary work, when the taking of |
evidence for the plaintiff was about
to proceed. At this juncture the
presiding Judge, a man of fine face
and noble bearing, asked the attOr-
news to desist for few minutes as
he had something to say bearing
on the case. When the lawyers
were seated the Judge, leaning
forward, SAID:
81 have an inquiry-indeed a
reQuest-t0 make OF the parties,
plaintiff and defendant in this suit;
feel as if |, myself, am in a sense,
a party to it, and am deeply con-
cerned over it. Bear with me
while ] explain my interest in it,"
Leaning a little further forward,
with an elbow on the bench and
the hand of that arm at his face,
the Judge resumed
"Forty years ago there lived in
the community where now reside
the plaintiff and defendant, three
men who were neighbors and
friends. The home of either was
almost equally the home of the two;
their three families were almost as
one family in their affection for one
In each family there was
a son. Three boys, of about the
same age, prattled together as
in youth attended school,
or played truant together, and in
young manhood were more as broth
ers than neighbOrs.
"Their lines ran in pleasant /
places. All that parental fondness
and financial competence could /
supply was theirs, and it is not
unlikely that their fathers looked
with eyes of pleasing anticipation
to their three sons succeeding them,
not only in fortunes, but in the
iolnture of friendship which had
long bound them together.
"The boys were each about six
teen years of age when :he father
of one was taken from the happy
circle. The two school mates of
the bereaved youth suffered scarce
ly less than himself. Atthe burial
in the little church yard on yOnder
hill, their fathers were among the
pail bearers. Two years went by
and the father of second of the
boys was laid very nearly along
side the one who had gone first, and
a little later the father of the third
followed. The three neighbOrs in
life were neighbors again in the lit
tie village ofthe dead.
"rhe boys Of whom ! have spok-
en- in are now men well along IN
years. One is the plaintiff in this
case, another the defendant and