Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1888-06-13


Of. The calendar had but two cases, one a
''Trespass, Assault and Battery" and the
other the stealing OF some fowls by Silas
Washington, a notorious colored offender.
The 7. A. b. was disposed of by a confes'
sion of Judgment and light fine, and after
an hours trial, the scion OF tho Washington
family got three months Imprisonment In
the county Jail. Then came the civil calen-
dar, and the case OF Kane versus Abel was
called.
II was battle between the clans, and the
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.
II 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 proven, by the admission OF the
offender. 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 onorable-complied with Adams
demand TO ''rule agin him. and Eve took an
exception which the court would not allow.
nections Of the Kanes.
Eve spoke eloquently and even grandilo-
quently. He had received a collegiate edu.
cation, and no aired his classics for the edi.
hcation OF the court and jury, and aston.
ished the mountaineers with flowing Latin
and sonorous Greek. He held that there
could be no property in an animal which was
dt .Jero 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 IL had broken into the
close OF Abell-"socked his claws into his
trowsers," as one Of the jurors explained
afterward-and was properly held for dam
ages; that being in 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, Puff
endorf, Vatel and others, and cited q case
from Johnson's Reports, which, in his opin-
ion, covered the case Then he wound up
by an appeal to the jury to stand by their
affairs and their fires, the green graves Of
their forefathers, the constitution and laws
OF the commonwealth, and find for the de-
PENDANT.
II was admitted that the young counselor
had made great effort, and his overwhelm-
ing weight of authority, Latin, Greek and
logic, seemed 10 impress the jury as II did
the auditors. The Abel side was jubilant,
and the Kane side correspondingly de.
pressed But IL made no impression upon
Adam. That practiced and serene counselor
rose In the consciousness 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 o specimen Of forensic
power II was "a follows:
"Ef II please yer wurshups, Gentlemen
Of the Jury, amt gwine TO waste the time
by maxim long noration. The counsel for
the defendant has had his sheer of that,
and considabul Of mine, too. He is young
man, peert an spry, an of most pleasin'
disclose. He has spread hisself on things
In ginnal, like banty hon tryin' to kiver
fourteen duck-aigs But he hasn't fetched
the subjeck. He has given you a heap o.
larnin', an enough Greek an Latin TO set
up a 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 meself. But it didn't edzactly
fetch the sore spot. He quoted from Grotius
al tutill, Dut III WIS ldInln an not law.
Mr. Grotius an the rest are furriners.
writin' on furrin law What has furrin law
to do with us' AS for Blackstone-why,
gentlemen, Blackstone was British jedge-
British jedge Our anthisters fought agin
British tyranny an oppression-fit an died
agin'it. Is the say-so OF British ledge
to overrule law an iestice herel allow not
ether amt no disputation as to the fax.
n Mt fol ba 70 81, =,
they air as plain as MONDAY We had no
proputty In the bar, eh. Why that'd make
a boss laugh. The young man is moo TO the
bar, but the onwritten bar law o. this coun-
try'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 b ar want in pos
session of Kane in one sense, but he had
started TO reduce it to possession, and Abel
comm in an shootin it, put il into possess
ion at wunst. For he was eyether an agent
Of Kane, an shot IL for him, or he was a
trespasser-an' he couldn't take advantage
Of his own wrong, could hei That's law,
ain'tit. The moment the defendant shot
the animal which we had started, il become
our bar. Their amt no proputty in live
bar, but there is in dead bar. We amt
detainin' nobody's live bar, but our dead
one, an that's what we sue for. He mought
have charged for his sarvicc, but he didn't.
He's kilt our proputty agin us, and we've
got to be paid for IL. That's law, an that's
estice.
"One more pint, an I'm done, an then
Ak vardick from you. The larned counsel
On the t'other side, KNOWN OF the weakness
Of his case, he has brought in the say-so
Of some Moo York lawyer-a Moo York law-
yeri to decide case here. Not his opinion
eyether, but his Repote! This Is the most
pusyillanomous attcmp' TO warp jestice /
ever knowed Of! Johnson's Repote! l
needn't tell yer gentlemen of the jury-I
needn't tell yer wurshups, who air larned
in the law, that repote is only hearsay, an
tibet hearsay is not evidence. What's John
son--,rho Is this johnson, that his hearsay
should be admitted in this wurshupful cote
10 break down the fax as swo'n to by re-
spectacle witnesses, some of 'em akin to
yer, gentlemen of the jury, The case is
rl'ar. We stan for law an icstice."
The presiding justice asked if "both sides
air into coter'
the plaintiff seems 10 be ashamed Of his suit,
and Is absent"
"Good reason tharfor" said the foreman
Of the jury II seed him on hossback when
was comm 10 cote, with Kitty Abel on
behind, a-headin' for Preacher Grimeses.
Gwine TO git married, allow
This startling announcement was sue
ceeded by another, made by small boy
perched in one Of the windows:
'Thar comes Pete Kane on his black boss,
with Kitty Abel a-holdin' onto him.
In vain the sheriff called for order Abel
and his two sons went out, followed by spec
tators, lawyers, judges and jurymen, and at
last by the sheriff himself, who wanted TO
see the fight rs much as the rest
Peter Kane had ridden up to the porch OF
tho village "storc." dismounted, tethercd
his horse, and assisted Kitty to alight, be-
fore old Abel and his two strapping boys
reached the spot. Every one was excited
except Peter, who was quite cool and un-
moved. There was TO be a fight, beyond
doubt, and every ono prepared TO take sides
In the "scrimmagc," according to his pro-
clivities. The two Abel boys "shuclSed''
their hunting-shirts in readiness.
"Stan' back thar, boys" said old Abel,
seizing an ax-handle from pile that stood
Al ism