The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1888-03-29

the points involved, and the antagonisn Of
the parties, brought large concourse to
the county.town. The day Of the trial no
Irving being could be seen: every one was
in the courthouse. But horses there were
every where, tsthered to posts. pickets,
porch-pOsts and the swinging limbs of trees
horses of all kinds from the humble clay
bank farm drudge to the melted and
blooded roadster, and with a variety of sad
dies and brides, not all saddled. however,
which was wonderful to see. 4 deal of
whisky had been furnished in the morning
but not even the charms Of corn Juice could
keep the mOuntaineers outside Of the court
house, which was filed with q dense mass
of auditors
The criminal business was first disposed
OF. The calendar had but two cases, one a
''Trespass, Assault and Battery" and the
other the stealing of some fowls by Silas
Washington, notorious cOlored offender.
The I. a. B. was disposed of by a confes-
sion Of judgment and light fine, and after
an hours trial, the scion of the Washington
family got three months Imprisonment in
the county Jail. Then came the civil calen-
dar, and the case Of Kane verStls Abel was
called.
It 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.
1t 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 10 the closing speech. but the
worshlpful cOurt-the justices are worship
full, not hOnOrable-cOmplicd with Adam S
demand TO rule agin him" and Eve took an
exception which the court would not allow.
The magistrates happened TO be blood con-
nectiOns OF the Kanes.
Eve spoke eloquently and even grandilo-
quenty. He had received a collegiate edu-
cation, and he aired his classics for the edi-
fication of the court and jury. and aston
ished the mountaireers with flowing Latin
and sOnOrous Greek. He held that there
could be no prOpeTtyin an animal whic n was
IN terG 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 it 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
ertv 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 ne quoted Blackstone,
with some side references to Grotius, Puff
endorf. Vatel and others, and cited a case
from JohnsOn's Reports. which, in his opin-
ion, covered the case Then he wound up
by an appeal TO the jury 20 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
1t was admitted that the young counselor
had made great effort and his Overwhelm-
ing weight of authority Latin, Greek and
logic, seemed to impress the jury as If did
the auditors. The Abel side was jubilant
and the Kane side correspondingly de-
pressed. But it 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 a young member of the bar, we are
enabled to give as a specimen of forensic
power. 1t was as follows:
'Ef it please yer wurshups, Gentlemen
of the Jury, | amt gWine 20 waste the time
by maxim long noration. The counsel for
the defendant has had his sheer of that.
and cOnsidabul of NINE too. He is a Young
man, peert an spry, an of a most pleasin'
disclose. He has spread hisself on things
in ginnal. like banty hen 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 hurz with
Hercules, an don't know when rve been
more pleased meSelf But it didn't edzactly
fetch the sore spot. He quoted from Grotius
an them. bat it was larnin' an not law
Mr.. Grotius an the rest are furriners.
writin' on furrin law. What has flrrin law
to do with us. AS for BlackStOne-why,
gentlemea, Blackstone was q British ledge
n British jedge. Our anthiSters fought agin
British tyranny an Oppres5ion-fit an died
agin it. Is the say-So of a British ledge
to overrule law an jestice here! l allow not
''Ther amt no disputation as to the fax.
The defendant takes the fax as they air. AM
they air as plain as MONDAY. We had no
proputty in the bar, Ell! Why that'd make
a boss laugh. The young man is moo to the
bar, but the onwritten bar law o. this coin-
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 Dos
session of Kane in one sense, but he had
started TO reduce it to possession. and Abel
comm in an shOotin' it, put it into possess
ion at wunSt. For ne was eyether an agent
OF Kane, an shot it for him. or he was
ne couldn't take advantage
of his own wrong, could he! That's law.
ain'tit. The moment the defendant shot
the animal which we had started. it become
our bar. Their amt no proputUy 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 sarvice. but he didn't.
He's kilt our proputty agin US. and We've
got to be paid for it. That's law. an that's
jestice.
Zone more pint, an I'm done. an then
AK a vardick from you. The larned counsel
on the t'other side. knowin' of the weakness
Of his case, he has brought in the say-so
of some Moo York lawyer-a Moo York ir,r-
yer' TO decide case here. Not his opinion
eyether. but his Repote! This is the most
pusyillanomous attemp' to warp jestice l
ever knowed Of! Johnson's Repote! I
needn't tell yer gentlemen of the jury
needn't tell yer wurshups. who air larned
in the law, that repote is only hearsay. an
thet hearSay is not evidence. What's John |
is this Johnson, that his hearsay
should be admitted in this wurshupful cote
to 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
Oar We stan for law an iest;ce :,