Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1888-06-13
KANE VS.. ABELL.
The Happy Ending Of Suit for
Damages.

The Happy Ending Of a Suit for
Damages.
Law Is very uncertain--esp especially In a
wooded country. Sometimes a suit is lost
In one court and gained In another. The
great case Of Kane Versus Abel, Adam for
plaintiff, Eve for defendant, is an illustra-
ton. Nor did IL happen in the Garden Of
Eden, as might be supposed from the sound
Of the names, but in Mountain County,
which the Inhabitants suppose TO be much
finer place than the other.
Down in Mountain County, settled by
Irish mainly from Ulster, with a sprinkling
from Connaught, the original manners and
customs Of the settlers are not only main
tanned by their descendants, but the Gaelic
spirit OF clannishness exists in full force.
The old families have kept up the old stock
by intermarr1ages; and the only things
changed were the names, which were either
corrupted, or dropped their prefixes. Thus
the MacMahons became tho Mayhorns; the
O'Kanes, the Kanes; the MacAdams, the
Adams; the MacMillens, and the MacAbells,
the Millens and the Abells. But their High
land Keltic habits, filtered through the Irish
sieve, were preserved in their vigor. Be
tween the two leading families, the Kanes
and the Abells, there had been bitter fcud
from the beginning AS the rest of the peo-
pie were connected In one way or other, they
took their sides, and, as they said, 'stud by
the k'nexion." Pretty far they carried IL,
soo One fellow, who was putting the Kanes,
was asked what connection he was. "Wall,
Said hc mot so very cloast, but Clarke
Abel, he gin me a bull-pup." If Kane
married with an Abel, or rice versa, the
woman in the case was adopted in her hus-
bands family, but cut off from her own.
But single quarrel, and simple incident
changed the current of affairs, and brought
about truce which may be considered a
0 peace, leaving both parties in possession OF
the uti posSidetiS.
AS the eldest son in straight line from
the original Patrick, who had come to this
country from Ireland, and had settled here
under land grant of a thousand acres,
Peter Kane was the recognized head of the
family. He was a good looking, childless
widower, thirty-two years of age, very well
10 do, and looked up to by his tribe, with
whom his word was potential. He was a
famous bear-hunter, and kept up a stock Of
worthless for any other purpose Clarke
Abel, who held similar position among
ours, valuable for battling with Bruin, but
the Abells, was over sixty years old, tall,
athletic and as straight as a gun-barrel. He
did not look day over fifty, with his iron
gray hair, and smooth face where the
wrinkles had concentrated about the corner
OF the eyes. These two, though living with
In three miles of each other-their posses
sions joining-rarely spoke when they met,
and then in monosyllables, elSing out the
conversation by gesture.
1t happened that Kane had seen bear signs
one frosty morning in November, and laid
on the dogs. Bruin heard the baying afar
Oh, and taking time by the forelock, made
his way over gap and then down dry
branch hollow. 'In avoiding Scylla, he fell
upon Charybdis," and so on; for old Abel
happened TO be in his field, his rifle, con-
slant companion, with him, when he saw
the bear doing some tall walking in his
direction. He shot the brute, and with the
assistance Of his sons, had skinned him
when Kane's dogs, followed by Kane, came
DIP. A demand was made for the bear,
which was denied. There was no fighting
the matter there-thrce to one was too great
odds, so Kane and his dogs went about their
business. But the matter ranked. A we'll
known pettifogger of the section, John
Adam, heard of 1t and offered mis- services.
The end OF it was that Kane brought suit
before a country justice of the peace, and
after various misadventures the case was
heard. IL was an action 0t dcti,,ue, and
Judgment was given for thirty-fve dollars.
Abel secured the services of Cecil Eve, a
bright young lawyer lately admitted to the
bar land the case was removed TO the County
Court held by four justices. Adam was not
regular practitioner, but the County Court
Yves sort Of free-and easy tribunal, with a
roll Of its own and Adam was licensed by
custom. He brought suit for damages, for
that he the party afo'said had detained
the bar"
1t was some months after the event when
the County Court entered on its half-yearly
session. In the meanwhile little incidcn,
occurred, Of the Romeo and Juliet pattern
which complicated matters. Abelrs only
unmarried daughter was good-lookinr
young woman OF Twenty-Five and, like heI
kinsfolk, "hated that Pete Kane like pizen. |,
But one day she CHANGED to visit a neighbo,
at some distance, and on her return me,
with wandering four-ycar-old buck. I,
was at the season of the year, when the ami
NAL, usually 80 timid, is both bold and az
gressive He charged at Kitty, who dexter
ously lodged behind n tulip-tree-popla,
they miscall IL there-and so evaded the
thrust OF his antlers. But he was persist
emit and kept her so constantly shifting he,
position that she became exhausted. Sh,
was just about TO drop, which would hav,
insured her death, when the crack of n ria,
and the dropping of the buck, dead, save
her. The next moment she heard the voic,
Of Peter Kane
You amt hurt, air you, Miss Kittyp,
mo, thank YOU, Mr.. Kane, but powerful
skeert"
No wonder that the service rendere,
should make Kitty regard Peter with favor
and give him romantic interest in the prett,
girl whom his timely presence had preserve,
from cruel death. Ignoring the buck. Pete
walked on with Kitty, escorting her TO with
in sight of her fathers house, and then re
turning TO dwelling, which, in spite of hi
dogs and his hired people, seemed NOR
lonely than ever
"They met by chance, the usual way.'
again and again. and the old story, ever oil
apd ever new, was told and listened Ia
Peter neglected the suit he had brought 4
one court, to prosecute suit in another
and when the great case of Kane wrsns Abe
came up before the County Court. Kane wa
absent bent ON "a final verdict In anothe
suit, one OF more importance, with Jury o
one biased In his favor.
The fame of this cause, the importance o
the points involved, and the antagonism O
the parties brought large concourse {
the county town. The day of the trial n
living being could be seen; every one wa
In the courthouse But horses there wer
every where, tethered 10 posts, picket,
porch posts and the swinging limbs of tree
v-horses OF all kinds from the humble ella,
bank farm drudge TO the mettled an
FLOODED roadster, and with variety Of sac
dies and brides, not all saddled, however
which was wonderful TO sec. A deal {