The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1891-07-31

II. the people Il the nclghbOrhOOd
seeming 70 agree with Judge benson
that it was "A good way 10 get rid Of the
negro
''The judge had more respect for the
Bible thaa he had for the law, and
whom negroes appeared as witnesses in
his court he made them kiss the
almanac. 1 don't allow no reflections
cast on the Bible in this court. ne ex-
pIaincl one day when lawyer OBJ
jected TO having colOred witnesses
sworn on the almanac.
Judge Denson's form Of GA IN and
his form OF the marriage ceremony
were brief and not exactly according
10 the code. but both were effective.
When hc administered the oath 20
witness he said: 'Gou swear here, in
the presence OF God A'mity and this
court TO tell the truth, 50 help you
jesus Amen.
His marriage ceremony was some
thing like this: john, You love this
woman? Mary. you love this man?
Then You are man an wife. and the
cost IS two doilars.'
Hi first -Vorce case came up after
he had been in Office eight years, and
thc principals happened to be a couple
he mad united IL marriage some five
years before. The husband was the
plaintiff and the wife had engaged a
awycr. When the husband told how
lis wife had pulled his hair, boxed his
.ars and then went 10 a candy pulling
With another man Judge benson
promptly declared them .put asundcr
according to the law and the Gospel
But. your honor. You have no juris-
liction in tins case suggested the de
.endant's attorney.
mo what?' asked the judge, stern
y-no man had ever before dared ques-
ion one OF his decisions.
".You have no authority in this
.ase. The law does not give a justice
IF the peace power 70 grant q divorce
Didn't l marry this cOuI -
''sYes. but
"'Then III unmarry EN-, an You are
fined ten dollars for bein' in contemp
of this court. I'd like TO see the law
that gives me the power to splice peo-
pie an then says can't uncouple 'em
when they've got Scriptural proof
The decision stood and no appeal
was ever taken.
In the trial of a suit for damages
where the plaintiff claimed TO have
been swindlcd in a hCrsc swap tho de-
fendant demanded a jury 10 try the
case and Judge benson had jury
summoned. i was summer and court
was held in the shade Of a big oak tree
that day because the judges Office was
too small TO hold all the spectators.
When the evidence was all taken the
Jury retired TO q Thick clump OF bushes
some distance away % make mp their
verdict. At the end Of an hour they
returned and reported that they could
not agree
But you must agree, said the
Judge. and he sent them back TO the Sc
clusion Of the bushes. Again they re-
turned without a verdict and reported
that eight were for the plaintiff and
four for the defendant.
-.-Well, that's verdict. 4 majority
always rules in this country, and the
judge entered n verdict for the plaintiff
on his docket.
One. n negro was on trial before
Judge benson for carrying concealed
weapons. lie had a lawyer who wanted
10 prove that the prisoners life had
been threatened, and under such cir
cuustances the law allowed him 10
carry weapons. The evidence all IN,
the lawyer arose with book IN his
hand and said: May it please your
honor. I have here . recent decision Of
the supreme court IN Gaze similar IN
every way to this one. ard the court
ordered the acqUittal of the defendant
Then III overrule the supreme
court an fine the defendant fifty dollars
and costs
Once civil case was tried 10y Den
son. in which two lawyers were en-
ployed- When the evidence was all in.
the attorneys held a brief consultation
to decide upon the order in " w,Iich they
should speak As the first one rose 70
address the court. benson crt him short
by saying: Now you fellows just wait
till decide this ease an then you can
spout law al day if you want to-
.'Nagrants OF all degrees. and every
man charged with a criminal ofIcuse
who was not able 70 pay a fine, benson
would sentence TO terms Of hard labor
on his farm
When asked once for an explanation
of such unwarranted proceedings, his
reply was that the law allowed him
costs in every ease he tried, and. If a
man had no money. how was the court
to get the cost if he didn't work II out?
To this logical opinion there was no
reply. and no one ever interfered with
the judge afterward.
THE redeeming features of Judge
Denson's remarkable administration of
justice was that he usually managed TO
get al the truth of a ease, and never
allowed any legal technicalities to in
fuence his decisions. If 4 man was
guilty he was punished in some way,
and if innocent he was discharged.
True, the judge decided a great many
cases over which the laws of the state
gave him no jurisdiction, and in many
ways he violated the letter of the stat
utes, but as his decisions were usually
Just from moral standpoint. they were
allowed u stand.
Several times dissatisfied parties TO
civil suits and lawyers called the atten-
ton Of the governor or the grand jury
to Denson's method Of doing business.
but every investigation resulted in a
vindication for the Judge. Once he
was called before a grand jury and
asked If he knew what law was.
Yes, he answered Law is lot of
stuff put in books 10y lawyers to keep
honest people out of their rights
The jury thought this definition
was so near the truth that they allowed
the judge to go. After eighteen years
service he declined to accept the Office
again, TO the regret of his friends"
Small Deposit.
The smallest deposit ever made in