Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1889-11-29
Not In the Statutes.


Judge c., of Vermont, was
fond of joke, when it could be
done" without special injury to
public or individual rights.
On one occasion, as he was travel
ing toward the southern part of the
state, to hold term of court in the
county of W, he came to pub.
lie house where Justic els court was
in session. AS it was late, and the
weather cold and wet, he concluded
to put up for the night. Sending
his horse TO the stable, he entered
the barroom, which he found crowd
ed with people, who seemed greatly
excited about the case on trial. He
had thrown off his outer garments,
and was composing himself before q
good old-fashioned blazing fire, when
a young man came up to him, and,
bowling to him very respectfully, ask
ed his assistance in the case.
"The evidence" he said, is all agin'
me; but they say Yer Honor is death
on desperit cases, and mine amt SO
bad as it might be, after ALL"
Upon inquiry, the Judge learned
that his applicant had been arrested
for wantonly upsetting churn of
sap in his neighbours sugar-lot. The
youngster had been caught in the
very act by two respectable witness
es, and thus the evidence was, as he
had stated, clear agin' him."
After hearing all the facts, the
judge informed him that it was
really desperate case, but he add
ed:
Il will watch the progress of the
trial and if an opportunity presents
itself will help you"
Accordingly he threw open the
door leading from his apartment
to the room where the trial was go
ing on and sat a careless spectator
ofthe proceedings
Tbecounsel for the State, put in his
testimony and proved the charge
conclusively. Thereupon the magls-
trate turned upon the respondent and
with stern voice asked him il he had
got anything to say to all this ere
evidential testimony"
The prisoner was dumb, but look
ed imploringly toward the Justice,
who at once arose and approached
the table at which the Justice was
sitting.
"You needn't think We can do any
kinder good here, for the mind of
this court is entirely made up about
this consarn, that l can tell We, mis-
ter"
MAY it please Your Honor" said
the Judge, bowling very gracefully,
1T is no doubt true that the charge
made against the respondent is fully
sustained by the testimony. | do
not deny it, but for all that he has
| Defense"
IA defensel What is it?" growled
| the court.
"And, Your Honor, it is this:
profess to know little about law,
having practiced more than thirty
years past, especially the statute
laws of Vermont. Now. Your Hon.
or, may be mistaken, but l am
confident there is nothing in the
| statute books of Vermont against
upsetting either an empty churn or a
churn full of sap, l beg of the court
not to rely upon my word, but if
| Your Honor is not satisfied upon
this point would recommend an ex-
animation of the statutes"
The counsel of the state rose to re-
ply.
"Stopl stop!' Moderated the
court, "this pint must be settled be-
fore we move another inch"
And thereupon, Selling the statute
book and turning to the index he be-
gan searching uuder the letter C for
Churn. Not finding it he next look
ed under S for Sap. Not finding
Sap" he continued his search under
U for Upsetting. Still unsuccessful
he looked under the title Grimes
and Misdemenors" Finally he rum
aged the book from beginning to
end, and finding it silent upon the
| subject OF "upsetting churns" he
arose, and addressing the prisoner,
said:
Young man, this ere court is sat
isfied that there amt nothin' in the
laws of Vermont agin tippin' over
churn full of sap. There amt moth
in about churns, anyway-nor sap,
nuther. But want We should re-
member one thinp-that fhia ,ora
! court has made up it's mind that it's
shame that there's so many maple
trees in tine State and no law agin'
tippin' over sap"
Whereupon the prisoner was re.
leased.