, 1888-04-19
KANE VERSUS ABEL.

Law is very uncertain-especially in a
wooded country. Sometimes n suit is lost
in one court and gained in another. The
great case of Kane versus Abel, Adam
for plaintiff, Eve for defendant, is an illus
tratiOn. Nor did it happen in the Garden
of Eden, as might be supposed from the
sound Of the names, but in Mountain
county, which the inhabitants suppose to
be n much finer place than the other.
Down in Mountain county, settled by
Irish mainly from Ulster, with IL sprink-
ling from Connaught, the original man
ners and customs of the settlers are not
only maintained by their descendants, but
the Gaelic spirit of clannishness exists in
full force. The old families nave kept up
the old stock by intermarriages, and the
only things changed were the names,
which were either corrupted or dropped
their predxes. Thus the McMahons be-
came the Mayhorns; the O'Kanes the
Kancs; the McAdams, the Adams; the
MacMillens and the MIacAbells, the Mil
lens and the AbeHs. But their Highland
Celtic habits filtered through the Irish
sieve, were preserved in their vigor. Be
tween the two leading families, the Kanes
and the Abells, there had been a bitter
feud from the beginning. As the rest of
the people were connected in one way or
other, they took their sides, and, as they
said, ''stud by the k'neXion." Pretty far
they carried it, too. One fellow. who was
pulling the Abells, was asked what con
necion he was. "Well, said he, mot
so very cloast, but Clarke Abel he gave
me n bull pup" If a Kane married with
an Abel, or vice versa, the woman in the
case was adopted in her husbands family
but cut off from her own. But n single
quarrel and n simple Incident changed
the current of affairs and brought about a
truce which may be considered n peace,
leaving both parties in possession of the
nti possidetis.
AS the eldest son in n straight line from
the original Patrick, who had come to
this country from Ireland and had settled
here under n land grant of 900 acres,
Peter Kane was the recognized head of
the family. He was n good looking, child
less widower, 30 years of age, very well
to do and looked up to by his tribe, with
whom his word was potential. He was a
famous bear hunter and kept up Il stock
o. ours, valuable for battling with bruin,
but worthless for any other purpose.
Clarke Abel, who held n similar position
among the Abells, was over 60 years old,
tall, athletic and as straight as a gun bur-
rel. He did not look a day over so, with
his iron gray hair and smooth face where
the wrinkles had concentrated about the
WI ANA VI bAAS N9Nos ANo bNog AllOubh
living within three miles of each other
thcir possessions joining-rarely spoke
when they met, and then in monosylla-
bles, eking out the conversation by gest-
ure.
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 tho
forelock, made his way over a gap, and
fhap 1nu1n n dru hrnnrh hp11nw ETn
avoiding Scylla, he fell upon Charybdis,"
and so on; for old Abel happened to be
in his field, his rifle, n constant compan-
ion, with him, when he saw the bear
doing some tall walking in his direction.
He shot the brute, and, with the assist
ance of his sons, had skinned him when
Kane's dogs, followed Ivy Kane, came up.
A demand was made for the bear, which
was denied. There was no fighting 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 Adam, heard of it and offered his
services. The end of it was that Kane
brought suit before a country justice of
the peace, and, after various m%isadvent-
ures, the case was heard. I'm was an
action in detinue, and Judgment was
given for $35. Abel secured the services
Oh IeCll Eve, Il DIlBnJ young aWyer,
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 n
sort of free and easy tribunal, with n roll
of its own, and Adam was licensed by
custom. He brought suit for damages
''for that 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 n little
incident occurred, of the Romeo and
Juliet pattern, which complicated matters.
Abells only unmarried daughter was n
good looking young woman of 20, and, like
her kinsfolk, hated that Pete Kane like
pi2en.n But one day she CHANGED to visit
Il ncighbor at some distance, and on her
return met with n wandering 4-year-old
buck. 1t was at a season of the year
when the animal, usually so timid, is
both bold and aggressive. He charged Mt
Kitty who deXterously lodged behind a
tulip tree-poplar they miscall it there
and so evaded the thrust of his antlers.
But he was persistent and kept her so con-
stanLly shifting her position that she be-
came exhausted. She was just about to
drop, which would have insured her death,
when the crack of n rife 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 KittyH''
"No, thank you, Mr.. Kantf0ut power
full skeert."
No wonder that the service rendered
Should make Kitty regard Peter with
favor, and give him n romantic interest in
the pretty girl whom his timely presence
has preserved from n cruel death. Ignor-
ing the buck, Peter walked on with Kitty,