The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1888-03-20
KANE VERSUS ABEL.
How Virginia Back Country Foud Ended
Happily,
Thomas Dunn English IN the rndependent


one court and gained i'll another. The great
case OF Kane versus Abel, Adam for plaintiff,
Eve Tor defendant is an illustration. Nor did
1t happen in the garden of Eden, as might be
supposed from the sound of the names, but in
Mountain county, which the inhabitants sup
pose to be a much finer place than the other.
Down IN Mountain county, settled by Irish
mainly from Ulster, with n sprinkling from
Connaught, the original manners and customs
of the settlers are not only maintained by their
descendants, but the Gaelic spirit of clanniSh-
ness exists in full force. The old families
have kept up the old stock by intermarriages
and the only things changed were the names,
which were either corrupted or dropped their
prefiXes. Thus the McMahons became
the Mayhoms; the O'Kancs the
Kanes the McAdams, the Adams; the Mac
Millens and the MacAbels, the Milens and
the Abells. But their Highland Kettle habits
filtered through the Irish sieve, were preserved
IN their Vigor. Between the two leading fam-
lies, the Kanes and the Abells, there had been
bitter fcud from the beginning. AS the rest
OF the people were connected i'll one way or
other, they took their sides. and, as they said,
stud by the k'nexion." Pretty lar they car
Abells, was asked what connection he was
well, said he, mot so very cloast, but Clarke
Abel he gave me bull pup" If a Kane mar
ried with an Abell or vice versa, the woman
in the case was adopted in her husbands fam
lily but cut off from her own But a single
quarrel and a simple incident changed the cur
rent OF affairs and brought about truce which
may be considered n peace, leaving both par
ties in possession of the uti possdeis.
AS the eldest son i'll a straight line from the
original Patrick, who had como to this country
from Ireland and had settled here under n land
grant of a thousand acres, Peter Kane was the
recognized head of the family. He was good
looking, childless widower, - years of age,
very wellto-do and looked up to by his tribe,
with whom his word was potential. lie was a
lannon's n nf
ours, valuable for battlidg with bruin. but
worthless for any other purpose. Clarke A bell,
who held similar position among the Abells,
was over 80 years old, tail, athletic and as
straight as n gun barrel. lie did not look a
day over 30, with his iron-gray hair and smooth
face whore the wrinkles had concentrated
about the corner of the eyes. These two,
though living within three miles of each other
their possessions ioining-rarely spoke when
they met, and then i'll mCnosylables, cling 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 off,
and taking time by the forelock, made his way
over a gap and then down n dry branch hoi-
low. I'm avoiding Scylla, he fell upon Cha
rybdis," and so on for old Abel happened to
be in his field, his rifle, constant companion,
with him, when he saw the bear doing some
tall walking IN his direction@s3fo shot the
brute, and with the assistance of his sons, had
skinned him when Kane's dogs followed by
Kane, came up. A demand was made for the
bear. which was denied. There was no fight
ing the matter there-three to one was too
great odds, so Kane and his dogs went about
their business But the matter ranked. A
well-known pettifogger of the section, John
Adams heard of it, and offered his services
The end of it was that Kane brought suit be-
fore o country justice Of the
peace, and after various misadyentures the
case was heard. 1t was an action i'll detinue,
and Judgment was given for $55. Abel Sc
cured the services of Cecil Eve, bright young
lawyer lately admitted to the bar and the case
was removed to the county court held by four
Justices Adam was not n regular practitioner
but the county court was a sort Of freo-and
easy tribunal, with roll Of its own, and Adam
was licensed by custom. lie brought suit for
damages; FOR that he the party AFORESAID 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 incident
occurred, of the Romeo and.Juliet pattern
which complicated matters. Abell's only
unmarried daughter was a goood looking
young woman Of %, and, like her kinsfolls
"hated that Pete Kane like piZen." But one
day she CHANGED TO visit a neighbor Mt some
distance, and on her return met with wan
dering four-y ear-old buck 1t was at season
of the year when the animal, usually so timid,
is both bold and aggressive. He charged NJ
Kitty, who dexterously lodged behind tulip
trec-popar they miscall ii theTe-and so
eyaded the thrust Of his antlers. But he was
persistent and kept her so constantly shifting
her position that she became exhausted. She
was just about to drop, which would have in
sured her death, when the crack of n rifle and
the dropping of the buck dead, saved her.
The next moment she heard the voice of Pete
Kane.
"You amt hurt, air you, Miss Kitty?"
"No, thank you, Mr.. Kane, but powerful
kcert"
No wonder that the service rendered should
make Kitty regard Peter with favor and give
him romantic interest in the pretty girl
whom his timely presence had preserved from
cruel death, Ignoring the buck, Peter
walked on with Kitty, escortng her to within
sight of her fathers house, and then return
ing TO dwelling, which, in spite Of his dogs
and his hired people, seemed more lonely than
ever.
"They met by chance, the usual way"
again and again, and the old story, ever old
and ever new, was told and listened TO. Peter
neglected the suit he had brought in one court,
TO prosecute y suit in another, and when the
great case OF Kane versus Abel came up be-
fore the county court, Kane was absent bent
on final verdict in another suit, one Of more
Importance, with jury of one biased in his
favor.
The fame Of this cause, the importance Of
the points involved, and the antagonism Of tho
parties, brought largo 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, poreh-posts and
the swinging limbs Of trees-hofses Of all kinds
from the humble claybank farm drudge 10 tho
melted and bloOded roadster and with
variety Of saddles and brides, not all saddled
however, which was wonderful 10 sec.
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 delivered IN the
yernaeular, was admirable. 1t dwclt up
ON 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 enOrmty as the
staying Of Abel. The facts were then proved,
by the admission Of the offender. There were
no witnesses for the defense Eve claimed
the right under those circumstances 20 the
closing speech, but tic worshipful court-the
justices arc wOrshipful and honorable COM
piled with Adams demand to "rnle agin him."
and Eve took an exception which the court
would not allow. The magistrates happened to
be blood connections Of the Kanes
Eve spoke eloquently and even grandilo-
quently. lie had received collegiate educa.
ton, and he aired his classics Tor the cdifca-
ton Of the court ana jury, and astonished the
mountaincers with flowing Latin and Greek.
He held that there could be no property in All