Smyrna times., 1889-02-27
AMUSING LEGAL FREAKS.
SINGULAR CASES STRANGELY HAN
DIED IN LAW COURTS.

A Woman Considered as Personal Prop
erty and Valued at ss.5O-A Horse
Brought Before tho Bar-The Wrong
Man Told Why He Was There.
To Hooking county court belongs the
remarkable distinction of passing upon a
woman as personal property. The unique
! precedent was laid some twenty-five or
thirty years ago, and before womens
rights had progressed as far as they have
since. A citizen of old Hooking married
young lady against the energetic pro-
test of her father, and set up hOusekeep-
ing on his own account. 1t was a case
of ''love in a cottage" as a matter of
fact. During the temporary absence of
the unsusPecting bridegroom the wife's
father and brothers invaded loves domi-
cile and carried her off.
The despOiled husband repaired to a
neighOring justice of the peace in search
OF law suited to the eXigencies of the
case. After thorough investigation of
Swans Treaties and Cradlebaugh's Con-
stable, it was unanimously decided bv
the squire, the constable and the desolate
husband that the proper thing to do was
to proceed by an action in replevin!
WOMAN AS PERSONAL PROPERTY.
The papers were accordingly made out
and the writ lodged in the hands of the
constable, who proceeded at once to exc
cute it, and replevined the woman from
the custody of her father, who, though
exceedingly irate, didn't feel like resist
ing the edict Of the court. When it came
to appraising the property and fixing the
sworn value Of a woman, the constable
was rather perplexed, but the three free
holders whom he called in to act as ap-
praisers solved the problem in a manner
at once off hand and business like.
They sent for her husband, the plain
tiff, and ascertained for him that he had
expended the following sums of money
upon his property" License, rs cents;
Justices marriage fee, $3.50; one new
dress, 61t cents; one new bonnet, 374
cents. They furthermore decided that
the woman was ''perishable property"
and her value was only to be estimated
theoretically. Whereupon they fixed
the value of her labor and services for
the month at S4, which they added to
the other items, making $3.50.
In due course of time the trial came
off and the plaintiff duly and satisfacto-
rily proved his ownership by producing
his marriage certificate. The defendant
could not upset this evidence, and the
plaintiff got Judgment of restitution and
20 cents damages. His property was
then. restored to him in due and regular
form, and the defendant was solemnly
notified that a repetition of his Offense
would be regarded as petty larceny and
punished accordingly. The man and his
wife are still living happily and con-
tentedly together
But locking county cannot lay claim
to eXclusiveness in ''precedents," Over
in her next door neighbor, Perry, a
horse was once restored to its rightful
neighbor under a writ of habeas corpus
issued by justice of the peace.
AS horse broke into BIS pasture.
whereupon B put it into his stable,
locked the door and refused to give it
up. A secured the services of the cele.
brated Shep Tinker as his legel adviser.
Shep knew that his client could not give
the necessary bail in an action by reple-
win, SO he decided to bring a different
sort of an action.
With this intent he went before a ius-
tice of the peace in old Straitsville, and
took out a writ Of habeas corpus and |
literally brought the horse into court. |
Lawyer Saunders, most brilliant prac- |
tltloner at the Logan bar and long the |
r. wv u1AAS dttOAuCy VI IOCklQg county, |
was called on the other side.
He didn't know the nature Of the case
until the constable made his return upon |
the writ.
why" exclaimed Mr.. Saunders, with
a look of blank astonishment, ''this court |
can't issue such a writ and no court could |
issue one for a horser Shep was more |
than equal to the emergency.
'YOur honor" he said, "a wise and |
just court can do anything that is laid |
down in the books. The writ of habeas |
corpus has been recognized as sacred for |
centuries. To say that this court can't |
issue 1t is to say that it is ignorant of |
Magma Charta."
But this court kin issue it," inter-
posed tho justice, ''and it has issued it
already"
Mr.. Saunders saw his mistake and |
apologized to the court for having doubt
ed its ability to do anything it chose. It
IS needless to say that the horse was re-
stored to its owner.
WHAT HIS BUSINESS WAS.
As funny thing as ever occurred in
q court lannnDn6 nt Nonolooy, n =