The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-04-23
HE HELPED THE LAWYER.
AN EPISODE IN A BOLIVAR COUNTY,
MISS. COURT.
The Ingenious Legal Argument Made by
acolored Ex-Magistrate-It Won the
Case, But the Attorney Got the
Fee.

Written for The Memphis Appeal.
| have often seen lawsuits gained on
technical grounds, and ON the slightest
evidence when plausibly argued by iuge-
NOUS advocates, but for originality OF legal
argument the following takes the lead:
l was practicing law at the time. That
was before had reformed my wicked
ways and become backsliding Methodist
and a newspaper correspondent; 80 /
make bold to mention it, feeling sure that
a generous public will forgive an error
committed in the flush OF my young man
hood.
'I'se got lawsuit for YER dis morning,
up to Terrcne," said old Uncle Martin, as
black a specimen Of Mississippi Valley
negro as ever grinnod over glass Of COM
mommon whisky or a game of craps"
SER two bits frow."'
"Well, Uncle Martin" said las n beau
tiful vision of n $40 fee tloated in full view Of
my legal brain, you must first fix the fec
with me"
"0h, yes, stree, kin fix dat in no
time, kase Use done prepared for dem
kinder 'rangements. kase Use dun libbed
longer mutt fur ter know dat when a mig
ger goes TO law he's gotter pay fur justice.
Oh, yes, boss, Use got moen that mount
in Mr.. Col. Edan Fields hands and he's
right over yonder in Mr.. Oscar McGuire's
drug store now atalking TO Col. Yerger and
Mr.. John Woods Harris and Judge
Trinde--and-P - "lIold on,
Uncle Martin" said, "let's get to bnsi-
ness, / shall charge YOU So" "My
socks, Mr.. Willie, why hit won't take yer
moan half an hour fur to try dis case, and
| don't get but six bits day fur scrapln'
cotton, and yer know yerself dat my ole
oman don't git but dat much ter cook er
whole mumph over TO de hotel 81
can't help that / said, "you must pay me
for what know as well MS for what | do.
You see have been studying law for a
long time and have burnt the midnight
OIL" "Ier hez, and Use willin' ter pay
fer de oil. too, Mr.. Willie" said Uncle
Martin, and his white teeth fairly gleam-
cd between his thick, black lips. In few
moments had the fee Tin my inside
pocket, don't you know" and Uncle Mar
tin and myself were jogging up the leyee
in the direction OF Terrene.
The case was this: Uncle Martins wife,
Mary, was charged with the larceny of a
hog, or as the darkey says: ovid de
carton oh hog" That IL a felony in
Mississippi. and the accused may be
sentenced 10 the penitentiary Tor five years,
owing to the way the Circuit Judge views
the case, and Judge Trimbe was terror
TO the hog thieves Of the Fourth District
Mary was TO be tried before Squire Hunt
ly, who sat as n committing court.
Huntly was just two shades darker than
outer darkness and about rs wicked as lac
was ignorant. My defense was n good
one. proved that my client was rs pure
as any other negro in her social set; that
she was a bright member Of the fair
Daughters of Zion; that she was not with.
In the borders oil the county nj the timo
Of the alleged stealing; that she owned a
wild hog claim, aud that il she did Hill the
hog mentioned in the affidavit, that she
was laboring under the belief that II was
wild. and therefore she had a right TO kill
Il M she owned wild hog claim; that the
hog was not marked at all. and II II was II
was in Mary's mark.
As Col. Charley Frazer Of the Memphis
Bar said, 81 had regular fsh-net defense,
that caught minnows as well as whales"
After l had concluded my argument
and was sitting down amid disks aud two
tat darkies, Nelson Glass, an Ethiopian
relict Of the dark days OF reconstruction,
an ex.magistrate and Baptist preacher,
arose aud said:
"Mr. Carpenter, has yer any rejection.
10 me maxim n few remarks on dc side
/ wat yese on2'
Certainly not" | replied.
"Well den, said this exponent OF the
law-"may II please you homer, | JOSS
| has few words ter say on dc part OF dis
heah oman, whar Is charged wild dc
honus penalty oh a yilalion Oh dc magisly
| ob de law, which am gainst dc peace and
dc dignity oh de great state Of Mississippi.
Now yer knows, dot yer tried dis 'oman's
husband yisiiddy and dot he was rcquitied
OBJ dc charge. Well den, 30 fur, NO good.
Now va homer knows, too. dot dc good
book saw. dot a man an his wife are one
and dot dc law say dot no one shall bg
nut twice In joppoiy 70 dc same reionse
Now my pint Is dis: ! say she boin' d,
wife OBJ a man who wus alrcdy tried, do
she Is not 10 be tried agin, for dat wulc
be putin her in joppody twice.
The court looked wise aud said 'Brothe
Nelson, de prisoner Is done sot free, kos
yuse right"
So with all my defense, which was a
broad a. ten acre field, had failed 10 d.
what Nelson did and that was TO gain my
case. Aaron Burr said, claw is what I
boldly asserted and plausibly maintained,
and Nelson Gloss argument was proof o.
the assertion.
WILLIAM TnnnLE CARPENTER.