The Osceola times., 1886-09-25
QUEER DECISIONS.
Prisoners Who Were Saved by Some Little
Legal Technicaiity.
[cor. Cleveland PlaindealerJ

Legal Technicaiity.
tCor Cleveland PiaindealerJ
Judge McIienry, OF Des Moines, Ia,
lately acquitted a prisoner charged with
selling intoxicating liquors on the ground
that the Indictment did not state whether
the offense was committed B. c. or A. ID.
1886 [
This calls 20 mind several queer de-
cisions that have fallen under my notice.
The first was the indictment Of a man by
;hs name Of Hoyle for selling liquor con-
trary to law. '-s-sls -t---,--
Judge Jack.on, lately ali attorney OF
Cleveland, now tho president OF New
Mexico gold mining company, at that
time common pleas judge, acquitted Hoyle
on the ground that the indictmen, did not
show that the olfanse was committed in
tho county in which the defendant re-
sided, while tho saloon in which tho
often was committed was directly across
the street from the courthouse, In easy
speaking distance Of His Honor on the
bench. But tho most quaint OF all de-
csons was that Of Judge Pillars, Of
Tiflln, o. All who know the Judge pro-
nounce him unquestionably the queer
est, quaintest, yet, withal, tho most In
telligent and hes educated Judge in Gem
tral Ohio. That he has a vein Of humor in
his makeup and appreciated "the draw
ing OF the long bow" can readily be be-
lieved from tho followingi
At term Of court hold at Marion, o., at
which Pillars sat as Judge, man by tho
name OF Severn was indicted for stealing
hog. The proof Of his guilt was un-
usually clear and strong. The hog, by the
broken bushes and marks of blood, was
tracked from the pom two miles into piece
of woodland behind the defendant's house,
and the hog was found hung up in his
smoke house.
The testimony for the State was con-
vincing, und no doubt was in the minds Of
the jury as to the guilt of the accused,
who, byyhe way, was the only witness for
the defense. Severn stated that "whcn
coming by the pen one OF tho hogs became
suddenly enrsged and, breaking out,
chased him to his home, where he (Sev-
ern), overcome with the long rum was able
TO go no farther and was compelled to
shoot the hog in self-defensc. Hating to
waste the meat, he cut It up, and was
about 20 cure it when arrested" The jury
brought in verdict Of guilty, where's
upon counsel for the defense made n mo-
ton for a new treal, upon tho ground that
the yerd CT was contrary to the evidence.
Judge Pillars sustained tho motion, re-
marking that he could well understand
how this hog, enraged to madness--as the
defence statol-might chase him this long
distance ana mako malicious assault
upon tho defendant-as a matter of fact,
this was the customary conduct of hog
and how it might be necessary to shoot the
hog in self-defense. "No one has contra-
dicted the defendants; no ono swore that
the hog did not assault him; therefore,
his evidence Is wholly unimpeachei, and,
in the eyes Of the law, must be taken as
true" As TO the taking the meat and
caring for it, he considered that as but an
evidence of good husbandry, and upon
these grounds he would set the verdict
aside, and required tho clerk 10 take tho
prisoners own recognizance for his ap-
pearancc at the next term Of court.