Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1890-11-06
New Series, Vol. 80, No 45


have appeared that the attorney for tn
defense was exerting himself to the ut
most-fghting the case inch by inch
but that it was a struggle againt hope
less odds. Presently an air of discour
aged indifference began to show itself il
his speech and conduct. He made his
points in an aggrieyed fashion that
plainly said: ''Of course you will decide
against me, but 1 must do my duty"
At last he dropped back into his chail
and settled himself, as one does who has
no expectation of rising again very soon
His face wore look of complete resig-
ton.
"He is clean beat out" said the YOak-
umites. 1t was triumph for their fel-
low townsman and added luster to the
glory of the Court; at the same time,
many of them felt no little sympathy
for The young man who had fought SO
hard and had failed.
Don't give it up, please, Ralph, y
whispered Miss Ethel.
Elliott shook his head. Every one, in
Guiding the Court, noticed the action
and OWNED what the young woman had
said. The Colonel also leaned forward
with a similar remark, but again the at
torney made a motion of discourage
ment.
at is all right" whispered Elliott to
Miss Dutton, a moment later; whenever
the old chap glances in this direction,
look sOrrowfully and appealingly at
him."
A number of witnesses for the plain
tiff now followed one another upon the
stand, and were allowed to give their
testimony pretty mnch as they pleased,
assisted by occasional suggestions from
Judge Bellows. The particulars of the
accident were recOunted several times,
and a number of residents of Yoakum
swore to the extraordinary value of the
ruined cart. The attorney for the de-
fense maintained dogged silence. At
last, when one witness began an extend
ed argument in favor of the deacon's
claim for damages, the Court glanced at
Elliott as though he expected to hear an
objection. When none was forthcoming,
the Judge himself interposed and de-
clared that "there was gettin' to be too
much of that. The lawyers should do
all the arguing"
"Ah! haw exclaimed Elliott to Miss
Miss Ethel in a triumphant whisper:
1.-The sense of justice is awakening. Now
is our chance"
"That concludes the testimony for the
plaintiff" said Judge Bellows, as the
last witness left the stand.
All eyes were turned upon Mr.. Ralph
Elliott. The court looked in his direc-
ton, but saw only the countenance of
Miss DuttOn. Her bright orbs were say
ing, as plainly as though the words were
written out in big letters: "Dear Mr..
Judge, please don't be horrid to us any
more" He blushed and fumbled with
the papers on his desk. At last he said:
The defense will go on now"
Elliott rose slowly to his feet, and
stood a moment before he began to
speak. Finally he said, hesitating at the
end of every phrase: May it please the
Court, l had intended at this stage of
the proceedings to make motion which
| had hoped your Honor would grant.
Although, perhaps, it may nOt-well
will make it. will move for non-suit,
may it please the Court. Possibly this
may seem to the Court matter of small
Importance, yet it is point in our favor,
and one that l conceive we have right
to demand. In this connection, l am
impelled to crave the indulgence of the
Court while | venture few remarks of
somewhat personal nature. l am a
stranger in this Court, and am not verSed
in all of its methods of procedure.
have done what / could in support of
my clients case, yet the fact is painfully
evident that my efforts have thus far
been in vain. Every motion has been
denied, every objection overruled. Not
single point has been allowed in our
favor. l do not complain of any preju-
dice on the part of the Court. The
Latin adage occurs to me: QuOuSque
tandem, Catalina, Gbutere patjeGtid
nos 'ra, which is, The judge who seemeth
most severe hath often at heart true
sense of Justice All L ask is that the
Court, in passing upon our motion for
non-suit, shall take into consideration
the unbroken line of decisions in favor
of the plaintiff which have marked the
progress of this case up to this time"
The Court was looking intently at Miss
Ethel.
Miss Ethel was looking at the Court
SAY" whispered Judge Bellows to
Elliot, as the latter took his seat, ''there
amt no use in that, you know. He
don't savvy 'non-suit.'"
"No?" said Elliott, with bland smile;
L suspected that he did not"
Il don't believe this Court needs to
hear from me on this point" Judge
Bellows said, aloud, with an air of easy
confidence; ''this motion of nv learned
brother from the city will be denied, of
course"
Judge Peck gazed thoughtfully at the
ceiling moment, and then took up his
pen. He wrote few words on the book
before him. Then he motioned to the
clerk, and the latter, after noting the
words which he had written, proceeded
to enter them on much larger book
which lay on his desk. There was dead
silence in the court room.
"The motion is allowed" said the
Court, with startling firmness.
A buzz of approval ran around the
court room. That's only fair" said the
people; "he orter give the young feller
some show"
Elliot rose from his chair and began
to gather up his books and papers.
"Why, what is the matter?" exclaimed
Ethel.
Nothing is the MATTER" he answered.
except that the case has been decided
in our favor, and we may as well go
home"
"Great ScottI" cried the Colonel;'' that /
was neatly done, Elliott"
Judge Bellows and Deacon Hobley
were both on their feet protesting vigor-
ously. 1t may be suspected that the
court to whom all technical law was the
veriest dbTdcddabra, was not a little
astonished when he discovered what he
had done, but he was too shrewd to make
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