The Red Cloud chief., 1888-04-13

sion Of judgment and a light fine. and afte
an hours trial, the scion of the WashinCtcl
family got three months Imprisonment 1.
the county Jail. Then came the civil calen
| dar, and the case of Kane verxus Abel wa.
called.
1t was a battle between the clans, and thu
movements were watched with keen inter
est by the spectators, made up Of those con
nected in some way with the parties litigant
The opening speech for plaintiff by Adam
delivered in the vernacular, was admirable
1t dwelt upon the trocity Of OBTAINING the
bear from its lawful pOsscssor, the grOs:
violation OF hunting customs. and the fac,
that Staying the bear was lmOst as great ar
enOrmity as the Staying Of Abel. The facts
were h proven. by the admission of the
Offenders There were no witnesses for the
defense. Eve claimed the right under those
circumstances to the closing speech. but the
~wOrshipful ~cOurt-the justices are worship
full. not acknowledgements with Adams
demand to ''rule agin him. and Eve took an
exception which the court would no: allow.
The magistrates happened to be blood CON
n~ections of the Kanes.
Eve spoke %eloquen.ly and even grandilo.
quently. He had received a collegiate edu.
cation, and he airei his classics for the edi-
ficatiOn of thc~cOurt and jury. and aston
ished the m~Ountaineers with flowing Latin
and sonOrous Greek. He held that there
could be no property in an animal which was
in tero nature. as there would be in one do
mesticated; that the wild animal, having
been killed while trespassing on the domain,
its carcass had become the property of the
owner Of the fee: that it had broken into the
close of Abell-''socked his claws into his
trousers" as n of the jurors explained
afterward-and was properly held for dam
ages: that being in 4 state Of nature, prop-
erty in him only vested by the fact at the
time of killing: and that Kane had no right
in either hide. hair, hOOf or meat Of the
bear. To support this he quoted Blackstone.
with some side references to Grotius. Pun.
endOrf. Vatel and others. and cited a case
from JOhnson's Reports. which, in his op;n-
ion. covered the case. Then he wound un
by an appeal TO the Jury to stand by their
affairs and their fires, the green graves of
their forefathers, the constitution and law.
OF the commonwealth, and find for the de-
PENDANT.
1t was admitted that the young counselor
had made a great effort, and his ovcrwhelm-
ing weight of authority, Latin, Greek and
logic, seemed to impress the jury as it did
the auditors. The Abel side was iubilant,
and the Kane side cOrrespondingiy de-
pressed. Blu it made no impression upon
Adam. That practiced and serene counselor
ROSE In the consciousness of power, and he
rose TO the Y OF the occasion. His speech,
written out in full from copious notes taken
by a young member of the bar, we are
enabled to give as a specimen Of forensic
power. 1t was as follows:
"Ef it please yer wurshups, Gentlemen
OF the Jury, l amt gwine to waste the time
by maxim a long nOration. The counsel for
defendant has had his sheer of that,
and considabul of mine, too. He is q young
man, peert an spry, an of a most pleasin'
He has spread hissclf on things
in ginnal. like a banty hen tryin' to kiver
duck-aigs. But he hasn't fetched
The subjeck. He has given you a heap o.
larnin', an enough Greek an Latin to set
q doctors shop. He sot out to sock with
Socrates, rip with Euripides. an hunk with |
Hercules, an l don't know when I've been
more pleased meself. But it didn't edzactly |
ietch the sore spot. He quoted from GrOtius |
an them, but it was larnin' an not law.
Mr. Grotius an the rest are furriners. |
vritin' on furrin law. What has furrin law |
. do with us! AS for B!acxstone-why, |
Blackstone was a British jedge-I
! British jedge. Our anthisters fought agin |
British tyranny an oppression-fit an died
'gin it. Is the say-so of a British jcdgc |
o override law an iestice here! l allow not.
"Ther amt no ~disputation as to the fax.
~hedefendant takes the fax as they air. An
hey air as plain as monday. We had no /
.roputty in the bar, Ell! Why that'd make
boss laugh. The young man is moo to the
but the onwritten bal law o. this coun-
rvs nooer to him, an that goes back SO fur
no knows to the contrary. That
ives the right o. possession to the man
nat starts the game. The bar want in pos
esslon OF Kane in one sense, but he had
tarted to reduce it to possession, and Abel
omln' in an shootin' it, put it into possess
On az wunst. For he was eyether an agent
I Kane, an shot it for him, Or he was q
respasser-an' he couldn't take advantage
! MS " wrong, could he! That's law,
init! The moment the defendant shot
ne animal which we had started, It become
ar par: Their amt no proputty in q live
al, OUT there Is in q dead bar. We amt
etalnin, nobody's live bar, cut or dead
me- mats what We sue for. He mought
ave charged TOR his ~sarvice, but no didn't.
go KIT our proputty agin US, and we've
OF TO be paid for it. That's law, an that's
sstice.
'One more pint, VI I'm done, an then
AZ vardick from you. The larned counsel !
q the tother side, KNOWN Of the weakness
MS case, he has brought in the say-so
some Moo York lawyers Moo York ar-
"! 70 decide a case here. Not his opinion
but his RepOtei This is the most
attemp' to warp jestico l !
Ver knowed Of! Johnson's Repote! H.
tell yer ~gcntlenen of the jury-I ]
tell yer wurshups, who air larned
l the law. that repote is only hearsay. an' ,
net hearsay is not evidence. What's john !
is this johnson, that his hearsay I