Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1891-02-20

~ hfihg pelng couin DC seen; every oue
was III the court house. But horses thera
We're everywhere tethered To the nos,s
pickets, porch posts and the syine,tr',,
limbs OF trees--horzes OF NH kindx -
the humble claybank farm drudge h nc
mettied and bloOded roadster and Win :
Fafie'y OF saddles and brides. not an
saadiei, however, which was wonderfnI
TO see "''Aoeiiui
Inc criminal business was first disnosed
OF, then came the civil calendar and az
case OF Kane vs.. AbeH was called Tbo
opening speech for plaintiff by Adam de.
nVcred IN the yernacular, was adrnirahIe
~ d"eit upon the atrocity of OBTAINING tbe
Dear from its lawful possessor, the eroes
siolatlon OF bunting customs, and the fact
thab Staying the bear was almost az great
an ehofmity as the staying of Abel. The
FACTS were then proved by the admission
OF the offender. There were no witnesses
LOT the defense. Eve claimed the right
uhder lhose circumstances to the closing
speech but the worshipful court-the
justices are worshipful and honorable
onipiteu WIN Adams demand to rule
en- MN, ano Eve took an exception
"uach the court would not allow. The
iihs strates happened TO be blood connec-
tions Of the Kanes.
Eve spoke eioquently and even grandilo-
quehks He had received a collegiate
eaucation, and ne aired his classics for The
euincatlon OF the court and jury, and
nseohlshea the mountaineers with flowing
lam ana 6reek. He held that there
couid DC no property In an animal which
was ID ieras nature, as there would be I'm
one domesticated; that the wild animal
having been killed while trespassing on
the domain, its carcass had become tba
property OF the owner OF the fee; that il
mad broken into the close Of Abell-
"socked his claws into his trousers u as
one OF the jury explained afterward-snd
was property held for damages; that beino
In state Of nature, property in him oply
vested by the fact and at the time az XIII
ing; and that Kane had no right on either
hide, hair, hoof or meat Of the bear. To
support this he quoted Blackstone. with
some side references to Grotius. Rufep-
dorf, Waiter and others, and cited a case
I from John9on's Reports, which, in his
4 opinion, covered the case. Then he wonnd
! up by an appeal to the Jury to stand by
their affairs and their fires, the green
+ graves Of their forefathers, the constitu.
! ton and laws Of the commonwealth. and
/ find for the defendant
T II was admitted that the vounr coun-
selor had made a great effort, and his
I overwhelming weight OF authority, Latin.
( Greek and logic, seemed to impress the
7 jury as II did the auditors. The Abel
I side was jubilant, and the Kane side cor
/ respondingiy depressed. But it made no
I impression upon Adam That practiced
I and seer counselor rose in the conscious
ness OF power, and he rose to the level Of
( the occasion. His speech, written out in
/ fun from copious notes taken by young
{ member OF the bar, we are enabled to give
as specimen Of forensic power 1t was
/ as follows:
IF it please yer wurshups, gentlemen Of
| the jury, | amt gwine to waste the time
F By maxim long noration. The counsel
for the defendant has had his sheer Of
that, and consiJabul Of mine, too. He is
young man, peert and spry, an Of a
most pleasin' disclose. He has spread
hisself on things in ginnal, like banty
/ hen Uyin' TO kiver fourteen duck aigs.
But he hasn't fetched the subjeck He
f has given you heap O larnin' an enough
Greek an Latin to set up Doctors shop
/ He sot out to sock with Socrates, rip with
Euripides an hurk with Hercules, an
+ don't know when I've been more pleased
meself. But it didn't edzactly fetch the
I sore spot. He quoted from Grotius an
them but it was larnin' an not law Mr.
Grotius an the rest are furriners, writin'
on furrin law. What has furrin law to
do with Us: AS for Blackstone-why,
gentlemen, Blackstone was a British
jedge-a British jedge. Our anthisters
fought agin British tyranny an oppres-
sion-flt an died agin it. Is the say so Of
a British jedge to overrule law an justice
here allow not
''Ther amt no disputation as to the fax
TIE defendant takes the fax as they air.
An they air as plain as MONDAY. We
had no proputty in the bar, eh, Why,
that'd make boss laugh. The young
man is moo to the bar, but the onwritten
bar law O. this country's nooer TO him
an that goes back so fur that no one
knows TO the contrary. That gives the
right o possession to the man that starts
the game The bar wasn't in possession
. of Kane in one sense, but he had started
TO reduce it TO possession. and Abel
comm in an shooun' it, put it into pos
session at wuDst. For he was eyether an
agent Of ste. au' shot it for him, or he
was a trespasser-an' he couldn't take
advantage of his own wrong, could he:
That's law. amt ii, The moment the
defendant shot the animal which he had
started. it become our bar There amt
no prouutty in live bar, but there is in
a dead bar. We amt detainin' nobody 5
live bar. but our dead one, an that
what we sue for. He might have charged
for his sarvice but he didn't. He's kilt
our proputty agjn US, and we've got 70 be
paid for it. That's law, an that's lesIice.
.One more pint an I'm done, an then
ak q vardick from you. The harmed coun-
sci on the t'other side. KNOWN OF the
weakness OF his case, he has brought in
the say SO of some Moo York lawyer-a
Moo York lawyer. to decide q case here,
Not his opinion eyether, but his repote'
This Is the most pusyillanomous atlemp
to warp jeSJice l ever knowed Of! john
sons Repote l needn't tell yer, gentle
men of the jury needn't tell yer wur-
shups, who air learned in the law, that
repota is QUE; hearSay, an that hearsay Is
not eyideuce What's Johnson-whol Is this
Johnson. taat his hearSay should be al
mitted in this WurShupful cote to breaS
down the fax rs swo'n TO by respectable
witnesses. some Of EN- akin 70 yer, gentle
men OF the jurys The case Is clAr. W
stan for law an lestlce.
The presiding justice asked If dot.
sides air into cotef"
1.-The defendant is here, said Eve, 'bu'
the plaintiff seems to be ashamed OF MS
suit, and is absent
"Good reason tharfor," said the fore
man Of the Jury. Il seed him on ho>s
b.ck when l was comm TO cote, WIKI
l.,