The Daily times. [volume] (Richmond, Va.) 1886-1889, 1888-04-21

dwelling, which, IN spite Ut his dogs ana
his hired people, seemed more lonely 'hau
ever. =,
They met by chance the usual way
again and again, and the cld story eve,
old and ever new, was told ana iiStchei
10. Peter neglected the ut nc hau
brought in one court, TO prosecute n sun
in another. md when the great case OF
Kane versus Abel came up before the
county court. Kane was absent bent on Il
final verdict in another suit, one Of more
importance, with n jury OF one biased In
his favor.
The fame Of this cause. the Importance
81 the point involved and the entagonism
of the parties. brought n large concourse
IN the county town. The day OF the trlal
no living being could be seen; every one
yvos an The court house. But horses there
were everywhere tethered to the posts,
,ickets porch posts aud the swinging
inhe NJ trees-horses of all kinds, from
the humble claybank farm drudge to the
uo,tled and blooded roadster, and with q
variety Of saddles and brides, not al
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. Inc
opening speech for p~laintiff by Adam de-
lyered in the vcrnacular, was adinirapIe'
II dwelt upon the atrocityO Of OBTAINING the
hear from its lawful possessOr, the gross
violation Of hunting customs, ana the lact
that shaving the bear was almost ms great
an enormity as the Staying OF Abel. Inc
facts were then proved by the admission
Of the offender. There were no witnesses
for ,be defense. Eve claimed the rlght
under those circumstances 10 the closing
speecb. but the worshipful court-the
~instices are worshipful and honorable
complied with Adams demand to rule
apin him." and Eve took an exception
which the court would not allow. IN
MAGISTRATES happened to be blood connec-
tons Of the Kanes.
Ere spoke eloquently and even grandilo-
ouentJS. lie had received Il collegiate
education. and he aired his classics Tor the
ediGcation Of the court and jury, ana
astonished the m~ountaineers with flowing
Latin and Greek. He held that there
could be no property in nm animal Whlch
was in ferg nature, as there W0uld be III
one domesticated: that the wild animal,
having been killed while trespassing on
the domain. its carcass had become the
nronertv Of the owner Of the fee; that 1t
had broken into the close of Abel
..socked his claws into his trousers, az
ono of the Jury explained afterward-and
was property held for damages; that being
ia a state of nature, property III INN only
vested by the fact and ut the time oil k4l-
inr. md hat Kane had no right on either
hide. hair, hcOf OF meat or the bear. 10
support this he quoted Blackstone, with
some side references 10 Grotius. Ruben
dorf. Waiter and others, and cited a case
from Johnson's Reports, which, IN his
opinion, covered the case. Then he wound
up by an appeal to the jury TO STAND by
their altars and their fires, the green
graves Of their forefathers, the constitu-
ton and laws Of the commonwealth, ana
find for the defendant.
1t was admitted that the young
selor had made a great effort, n his
overwhelming 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 cor
respondingly depressed. But it made no
immersion upon Adam. That practiced
/ anu seer tfQll-ttOi lOcC Ia Nv
ness Of power, and he rose TO the level Of
the occasion. His speech, written out In
full from cOpious notes taken by a young
member Of the bar, we axe enabled 10 give
as a specimen Of forensic power. II was
as follows:
EFT please yer wurshups, gentlemen OF
the jury, | amt gwine 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 a
most pleasin' disclose. He has spread
hisself on things H. ginnal, like a banty
hen irwin to kiver fourteen duck aigs.
But he hasn't fetched the subjeck. lie
has given o heap o. larnin' an enough
Greek an Latin 10 set up Il Doctors shop
He sot out TO sock with Socrates, rip with
Euripides an hunk with Hercules, an |
don't know when Tyc been more pleased
meself But it didn't edzactly fetch the
sore spot. He quoted from Grotius an
them. but it was larnin' an not law. Mr..
Grotius an the rest are inTrlners, Writin'
on Turin law. What has furrin law to
do with u.s. As for Biackstoue-wby,
gentlemen, Blackstone was a British
jedgc-a British ledge. Our anthistcrs
fought agin British tyranny an oppres-
sion-ft an died agin it. Is the say so Of
a British ledge to override law an justice
here ! allow not.
'Ther amino disputation as to the fax.
The defendant takes the fax as they air.
An they air as plain On 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 country's noOer to him,
an that goes back 50 fur that nc one
knows TO the contrary. That gives the
right % 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 1t to possession. and Abel
comm in an shOOtin' it, put it into pos
session ut wunst For he was eyether an
agent Of Kane, an shot 1t for him. or lac
was a trespasser-an' he couldn't take
advantage of his wi wrong, could her
That's law, amt ity The moment the
defendant shot the animal which lac had
started, il become our bar. There amt
no proputty in a live bar, but there is in
a dead bar. We amt detainin' nobody's
live bar, but our dead one, an that's
what we sue for. He might have charged
TO-, l,o SarVico huf no didn't Hafa lf1t