The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1888-03-20
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properly OF the owner OF the fee: that it had
broken into the close OF Abell-"socked
his claws into his trowsels," as one of
the jury explained afterward-and was
property held for damages: that being in a
state oil nature, property in him only vested by
the TACT and at the time of killing; and that
Kane mad no right on either hide hair hoof or
meat of the bear. To support this he quoted
blackstone, with some side references to Gro
thus, Rutendorf, 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
affairs and their fires, the green graves ef their
torefatherS, the constitution and laws Of the
commonwealth, and find for the defendant.
1t was admitted that the young counselor
had made great effort, and his overwhelming
weight of authority, Latin, Greek and logic,
seemed to impress the jury as it did the au-
ditorS. The Abel side was jubilant, and the
Kane side correspondingly depressed. But ID
made no impression upon Adam That prac-
ticed and seer counselor rose in the conscious
ness of power, and he rose to the Lowell 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 n specimen Of
forensic power. 1t was as follows
Ef ii please yer wurshups, gentlemen Of the
jury, amt gwine to waste the time by maxim
a long noration, The counsel for the defend
ant has had his sheer of that, and considabul
of mine too. He is young man, peert an
spry, an of a most pleasin' disclose. He has
:
hen tryin to kiver IA duck aigs. But he
hasn't fetched the suhjeck lie has given You
heap o larnn' an enough Greek an Latin
to 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 mesef. But it didn't ed
zacty fetch the sore spot. lie quoted from
Grotius an them, but it was larnin an not
law. Mr.. Grotius an the rest are furrners.
writin' on turin law. What has furrin law to
do with us? As for Blackstone--why gentle
men, Blackstone was a British iedge--a Brit
iSh jedge. Our anthisters fought agin British
tyranny an oppresson-tit an died agin it.
Is the say-so Of u British ledge to override
law an jestice here? / allow not.
Their amt no disputaton as to the fax. Tho
defendant @kes the fax as they air. An they
air as pain 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 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 pos
session, and Abel comm in an shootin' it,
put it into possession at wunst. For he was
eyether an agent of Kane, an shot it for him,
or he was trespasser-an' he couldn't take
advantage of his own wrong, could he? That's
law, amt it? The moment the defendant shot
the animal which he had started, it become
our bar. There amt no proputty in a live
bar, but there is in dead bar. We amt de-
talnin nobody'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 agn us, and we've got to be
paid for 1t. That's law, an thnt's jestce.
One more PINT an I'm done, an then / ak a
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 tho most pusyillanomous at
temp to warp jestice ever knowed Of john
sons Repote needn't tell yer, gentlemen OF
the jury needn't tell yer wurshups, who air
learned IN the law that repote is only hearsays
an that hearsay Is not evidence. WHAT'S
Johnson--who is this Johnson, that his hearsay
should be admitted IN this wurshupful cote to
break down the lax as swon to by respectable
witnesses, some of 'em akin to yer, gentlemen
of the jury? The case Is cl'ar. We stan for
law an jestice.
The presiding justice asked II "both sides
air into cote?
"The defendant is here" said Eve, "but the
plaintiff seems to be ashamed of his suit, aud
is absent"
"Good reason tharfor," said the foreman OF
the jury. II seed him on hossback when L
was comm to cote, with Kitty Abel on be-
hind, a-headin' for Preacher Grimeses. Gwine
to get married, | allow"
This startling announcement was succeeded
by another, made by small boy perched in
one Of the windows
"Thar comes Pete Kane on hts black hoss,
with Kitty Abel a-holdin' onto him"
In vain the sheriff called for order AbeIi
and his two sons went out followed by speeta-
tors, lawyers, judges and jurymen, and at last
by the sheriff himself, who wanted to see tho
fight rs much as the rest
Peter Kane had ridden mp to tho porch Of
the village "store," dsmounted tethered his
horse, and assisted Kitty to alight before old
Abel and his two strapping boys reached tho
spot. Everyone was excited except Peter,
who was quite cool and unmoyed. There was
to be fight, beyond doubt and every one pre-
pared to take sides in the "scrimmage," ac-
cording to his proclivties. Tho two Abel
boys "shucked" their hunting shirts in readi-
ness.
"Stan' back thar, boys" said old Abel.
sezing an ax-handle from pile that stood ON
the porch, Tor I'll lay ye out with this AK
helye. This is my beezness, not yourn. Pete
Kane, ye amt satisfied with gwine to law with
me, but you've run away with my dahter, I'M
beknownst. Air you two married ?"
ayes, father" said the bushing Kitty
"Thar nuyver was II Abel married to Kane
that she wasn't disowned Of her kim said the
old man. "The kaDes an Abells has fit
through three gineratons. It's been a scan
delyous beezness, in my Judgment. You kin
take yer Judgment agin me for tho bar, for I
broke hunters law in that, an acted ruther
mean"
Eyer welcome TO the bar, Clarke Abell,"
said Kane. 81 don't want the money, nohow.
It's John Adams fooery."
"John Adam was right" returned Abel.
"an I'll pay. But, Kitty, gal, why didn't you
let me know the purl you was in, an how Pc
ter saved you? / only larned it today. You
mount have been dead but for him. Why
didn't you AK for the gal like a man, Peter
Kane?"
The young folks stammered their regrets.
"Jeems Abel, /" cried the old man to his
eldest son, don't stan thar gowern', but jest
go into the store and get quart Of the best,
an then ride with black Betty ahead to Kane's.
The boysl give you hundred yards law. The
fight atween the Kanes and Abells is busted.
Buss me, Kitty, gal. 1 run away with yer
mother myself"
OF went James Abel on horseback, with
his black bottle Of whisky, followed by hastily
mounted hOrsemen, the foremost 10 the priyil-
eye Of busting "black Betty" the whslSy-bot-
tie, an old Irish custom still kept up in the
section.
"There was q bounteous "nfare" at the
house, and good time. The
only thing TO mar it was the prospect of fight
between James Abel and an Oyerton Kane,
but the old man Abel appeared with hickory
CAD, and persuaded the two 10 stop.
The trial never was really concluded, but
Peter Kane went over next morning, and was
closeted with the county clerk. The record
bears the following:
vs.. Detinuc. Damages, $4,000.