The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1889-12-05
HISTORY OF THESUPREMECOU


lima, we have received a very readable
and instructive pamphlet, being his
tory of the Supreme Court Of the State.
We have read it wiN both pleasure
and profit. DR.. Battle has done good
work for the State in this admirable
contribution to North Carolina history.
We will not attempt a review of it but
publish the following from the Albany,
New York, Journal instead:
A very instructive hour, not wholly
devoid of merriment, may be passed
in reading an address by Hon. Kemp
2. Battle, president of the University
of North Carolina, Oh the History
of the Supreme Court what Supreme
Court the title-page does not tell us,
but there is early intrinsic evidence
that it is that Of the old Tar State,
North Carolina. This is performance
exhibiting great deal of labor and re-
search, especially in the earlier pages,
and in every part, and as whole, Is
extremely creditable to to the author.
and of great interest to lawyers all
over the country. The State has bad
many Judges of whom she is warranta-
bly, proud, one Of whom at least is
celebrated, and stands for that State
as Shaw for Massachusetts,, Kent for
New York, Gibson for Pennsylvania
We refer to Ruffin, although we here
learn he believed in the whipping post,
and when he wanted to be lenient to
young man on his first ofense, mildly
prescribed thirty-nine lashes on his
bare back. 1--WE have often wondered
why thirtynine was SO generally or
dered. Has it any connection with
the g thirty.nine articles p Are cas-
tigaton and the catechism inseperable?)
But the judges were not alone in in
flicting whipping. Mr.. Battle gives
an ancient Indictment of Thomas Den
ham, Gent, for killing a man ''with
certain weapon commonly called or
known by ye name of Gait Of nine
tayles.' The colonial judicial history
seems to have been extremely troublous,
and some of the judges did not COM
mand public respect, and some of them
were turbulent characters. The earliest
judges and those Of Rhode Island,
were the first to claim the author ity to
pronounce an act of the Legislature
void for unconstitutionality. Mr.. Bat
tie tells us some excellent new stories.
A contemporaneous account of the
death of Judge Spencer is unique. In
extreme old age he was set in a
chair under tree, fell asleep and nod
ded. A large turkey gobbler mistook
his nod for challenge, and smC:e the
old mans forehead with heavy spur,
causing him to fall heavily to the
ground, and thus meet his death. 1t
is to be hoped that twixt chair and
ground he mercy asked and mercy
found" There was an extraordinary
court at one time, in which no attor-
ney was admitted or allowed to speak.
In 1888, said an old lady, the
only bridal tour l ever heard of, was
riding to the nearest judge to sign
away the wife's land" sSimple- minded
Lowrie, from the foot of the Blue
Ridge, on his first trip to Edenton,
stopped lawyer in his argument, be-
cause from his seat on the bench he
could look out on the bay and see the
behavior of two vessels in gale OF
wind. Stop, Mr.. Attorney! This
court sees one ship going one way and
another going right opposite in the
same wind, and the court does not un-
derstand it, Of he had been speak
ing of the arguments, nothing could
have been apter.) "And when taken
on a visit to one of these vessels, stamp
ing his foot on deck, with some alarm,
said, Il declare, men, | believe she's
hollow. " This remark again might
have been applied to the arguments.
Judge Daniel must have been a " char.
acter." "He was once in church, al
which he was a regular attendant, in
company with Judge Rufin, when the
memorable collector, with the inevitable
plate, came to his seat. He felt in all
his pockets, but could only find S.
gold piece. 'Rufin, lend me a quar-.
ter The chief justice shook his head
Lend me half A second shake
intimated that this coin could not be
had. Lend me dollar and when
his companion for the third time ex.
pressed his inability to supply his wants
he slammed the gold-piece into the
plate, saying in desperation, D-n
you, go'" Of Chief Justice Pearson
we are told that "Governor Caldwell
said to him, when they were both young:
Pearson, why did you let the bishop
confirm you? You know you are not
fit member of the church. We'll,
replied he, when | was baptized my
sponsors stood security for ME.
thought it dishonest to hold them
bound for me, and l surrendered my.
self in discharge of my bail. Oh
| Judge William Horn Battle we are
told, that his physician, having advised
whisky toddy before breakfast, he
voluntarily gave it up, and when hi:
wife asked why, he replied Il found
myself dressing fast in order to get tc
my drink, and know by that it i:
dangerous. There is only one old
story in the pamphlet and that is abou,