Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1886-04-30

most brotberly way, We walked
homeward from school, cacn 50 fail
of devotion to the other two that
he would have assailed any fourth
boy saying aught against them"
Every ear in the Court room was
attending upon the measured ut
terances of the speaker while over
the faces of the two litigants
softened expression had replaced
the defiant one Of but a few min
utes before. Continuing, the Judge
said, as he spread before him one
of the Typographical maps.
@" need no surveyor to enlighten
me about the lay Of this land or the
running of the old dividing line
fence. / have walked, think,
over every foot of these fields and
climbed every panel Of the fence.
This old chestnut tree-what sport
have We not had chunking down its
fruit to be proudly taken to three
certain little girls at the school -
the first love either of MS had.
remember the plaintiff being once
a little chop.iallen at having but a
half handful Of chestnuts TO take to
his girl and that the defendant gen
erously divided with him his larger
supply. 1t was from this tree the /
defendant had the misfortune to
fall and dislocate an ancle, causing
him severe pain, which so distress
ed the plaintiff that he shed more |
tears out of sympathy for his little |
play-fellOw than did the wounded /
one himself. 1t was in the little /
pond back of the "gin house woods /
that we fished ior horny heads and /
into deep part Of which | once /
Unexpectedly plunged and, in my .
fright, might possibly have drown
ed but for the life.saving crew COM
posed of the plaintiff and defend /
ant. All, those were charming |
days. The memory of them is far .
sweeter than is the experience am I
now undergoing of seeing my two
loving chums Of the old time stand |
ing opposed, malignant contest
ants, in a Court of law, each with ,
lawyers employed to say unkind
things of the other.
"Pardon this discretion from the
proposition started out to make
which Is this that be invested by
plaintiff and defendant with unlim-
tied arbitrative authority to decide
this case. Will you, the plaintiff
and you the defendant, relegate to
me this power My heart revolves
from the hearing of any word from
any one intended to detract from
the integrity and honor Of either Of
you. Neither of you have done
any wrong by design | know you
both and do not believe that the
earth holds, to-day, two men Of
more unimpeachable rectitnde.
Each of you considers himself ag-
gricved by the other and both have
all the quality of stubbOrnness com
porting with proud manhood.
Both have been angered by distort.
ed reports carried back and forth
by certain gossips which, unhap-
PLY, exist in even the best of com
munities.
81 ask of plaintiff and defendant
that you will consent to dismiss the
witnesses, counsel and jury and
that, now and here, be authorized
to adiudicate this difference be.
tween you. Gentlemen, will you
grant this favor to your old
friend ~
Instantly and simultaneously
plaintiff and defendant came to
their feet and both answered 81
do"
81 thank you both" responded the
Judge in a broken tone of voice
while his eyes were not noticeable
for dryness. "Now," looking toward
the defendant, "you come and stand
at my right side, here, at the bench
and you," addressing the plaintiff,
"stand in a like position at my
left"
lie shook a hand of each as they
came beside him and the several
hundred people in the Court room
appeared undecided whether smiles
or tears were more appropriate, for
some certainly straddled the ques.
ton by indulging in both. The
Judge with the map before him,
pointing to the dividing line be
tween the two plantations, directed
that the plaintiff should maintain
the fence to a certain point and the
defendant tear down his along that
distance, and that beyond that
point the defendant should main
tain the fence While the plaintiff
should pull down that he had built.
"YOur fathers" he said, chad sin
gle fence that way and you will DO
well to remove not the ancient
landmarks that your fathers have
set.r
The trialng damage WI Ia had
been the one item Of the original
suit the Judge lid not Oven refer to,
but eliminated it along with amend I
ments to complaint and answer by
saying "Iile is too short for ary
part of it TO be frittered away over
these vaporings OF lawyers inven-
ton" Then folding the map the
Judge asked, "Gentlemen, do you
accept the verdict rendered as con
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