Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1888-06-29

OF the parties, brought . large concourse
to the county town The day of the trial
no living being could be seen; every one
was in the court house. But horses there
were everywhere tethered to the posts,
pickets, porch posts and the swinging
limbs of trees-hopses of all kinds, from
the humble claybank farm drudge to the
mettled and blooded roadster, and with
variety of saddles and brides, not all
saddled, however, which was wonderful
to see.
The criminal business was first disposed
of; then came the civil calendar, and the
case Of Kane VS.. Abel was called. The
opening speech for plaintiff by Adam, de-
livered in the vernacular, was admirable.
1t dwelt upon the atrocity Of OBTAINING the
bear from its lawful possessor, the gross
violation of hunting customs, and the fact
that staying the bear was almost as great
an enormity as the staying Of Abel The
facts were then proved by the admission
of the offender. There were no witnesses
fer the defense. Eve claimed the night
| under those circumstances to the closing
speech, but the worshipful court-the
justices are worshipful and honorable
complied with Adams demand to rule
agin him." and Eve took an exception
which the court would not allow. The
magistrates happened to be blood connec-
tons of the kanes.
Eve spoke eloquently and even grandilo-
quentIy He had received collegiate
education, and ne aired his classics for the
edificetion OF the court and jury and
astenished the mountaineers with flowing
Latin and Greek He held that there
could be no property il an animal which
was in ferB naturas. as there would be in
one domesticated; that the wild animal,
having baen killed while trespassing or
the domain. is carcass had become the
property Of the owner o. the Zee; that it
hsd broken into Iiis close OF Abel
''socked his claws into his trousers" IS
ore OF the jury explained afterward-and
was property held for damages; that being
in sse+e of nature, property in him only
vested by the fact and at the time OF kill
ing; and that Kane had no right on either
hide hair hoof or meat of the bear. To
support this he quoted Blackstone, with
some side references 10 Grotius, Ruf1en-
dorf, Waiter and others, and cited case
| from Johnson's Reperss, which, in his
opinion, covered the case. Then he wound
up by all appeal to the jury to stand by
/ their affairs and their fires, the green
graves of their forefathers, the constitu-
ton and laws of the commonwealth, and
find for the defendant.
It was admitted that the young coun-
selor had made a great effort, and his
overwhelming weight Of authority, Latin,
Greek and logic, seemed to impress the
jury as it did the auditors. The Abell
side was jubilant, and the Kane side cor
respondinzly depressed. But it made no
impression upon Adam. That practiced
and seer counselor rose in the conscious
ness of power, and he rose to the level of
the occasion. His speech, written out in
full from copious notes taken by young
member of the bar, we are enabled to give
as specimen of forensic power. 1t was
as follows:
"Ef it please yer wurshups, gentlemen Of
the jury, amt gwinc to waste the time
by maxim a long noration. The counsel
for the defendant has had his sheer of
that. and considabul Of mine, too. He Is
a young man, peert and spry. an Of n
most pleasin' disclose. He has spread
hisself on things in ginnal, like a banty
hen ryin' to kiver fourteen duck aigs.
But he hasn't fetched the subjeck. He
has given You n heap O larnin' an enough
Greek an Latin 20 set UP doctors shop.
He sot out to sock with Socrates, rip with
Euripides an hUrk with Hercules, an |
don't know when I've been more pleased
messlf But it didn't edzactly fetch the
sore spot He quoted from Grotius an
them, but it was lurnin' an not law. Mr..
Grotfus an the rest are furriners, writin'
on Turin law What has furrin Law to
do with uss As for Rlackstone-why,
gentlemen, Blackstone was a British
jedge-a British jedge. Our anthisters
fought agn British tyranny an oppres-
sion-fit an died agtn 1t. Is the say SO OF
a British jedge to overrule law an justice
here7 l allow not.
'Ther amt no disputation as 20 the fax.
The defendant takes the fax as they air.
An they air as plain as monday. We
had no proputty in the bar, Ell. Why,
that'd make boss laugh. The young
man is moo TO the bar, but the onwritten
bar law O. this country's nooer to him,
an that goes back so fur that no one
knows to the contrary. That gives the
right o. possession to the man that starts
the game. The bar wasn't in possession
of Kane in one sense, but he had started
to reduce it to possession. and Abel
comm in an shootin 1t, put it into pos
session at wun.t For he was eyether an
agent Of Kane, an shot 1t for him. or he
was a trespasser-an' he couldn't take
advantage Of his own wrong, could he?
That's law, amt itY The momerS the
defendant shot the animal which he had
started, 1t become our bar. There amt
no proputey in a live bar, but there is in
a dead bar. We amt detainin' nohody's
live bar, but our dead one, an that's
what we sue for. He might have charged
for his sarvice, but he didn't. He's kilt
our proputty agin US, and we've got to be
paid for it. That's law, an that's jestice.
''One more pint an I'm done, an then
ak vardick frora you. The larned coun-
sci on the t'other side, KNOWN Of the
weakness of his case, he has brought in
the say So OF some Moo York lswyer-a
Moo York lew-yerl 10 decide a case here.
Not his opinion eyether, but his rcpote!
This is the most pUsyi,lsnomous attemp'
20 warp jestice ever knowed Of! John
sons Repotel l needn't tell yer, gentle
men OF the jury needn't tell yer vur,
shups, who afr learned in the law, that
repote Is only hearsay, an that hearsay is
not evidence. What's Johnson-who is this
johnson. that his hearsay should be ad-
mit.ed in this wurshupful cote to break
down the fax as sven to By respectable
witnesses, some OF EN- akin 20 yer, gentle
men of the jury The case is cfar. We
stan for law an jestice."
The presiding Justice asked If both
sides air INTO cote.'
The defendant is here" said Eve, but
the plaintiff seems 10 be ashamed Of his
suit, and Is absent"
''Good reason tharfor," said the fore
man of the Jury. II seed him ON hoss-
back when I was comm to cote, with
Kitty Abel Oh behind, a-hesdin' for