Savannah courier. (Savannah, Tenn.) 1885-1979, 1891-07-09

one in this settlement, and | gaess
everybody's glad to be rid Of him. But
courts can't work for nothin', prisoner,
SO I'll fine you ten dollars and costs.
"The fine was paid, and while this
disposition of the case excited some
comment nothing was ever done about
it, the people of the neighborhood
seeming to agree with Judge benson
that it was good way to get rid of the
negro.
"The judge had more respect for the
Bible than he had for the law, and
when negroes appeared as witnesses in
his court he made them kiss the
almanac. 4 don't allow no reflections
cast on the Bible in this court, he ex-
planned one day when lawyer OBJ
jected to having colored witnesses
sworn on the almanac.
Judge Denson's form of tn and
his form of the marriage ceremony
were brief and not exactly according
to the code, but both were effective.
When he administered the oath to u
witness he said; You swear here, in
the presence of God A'mity and this
court to tell the truth, so help you
Jesus Amenp
'llis 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 dollars
"IIis first divorce case came up after
he had been in Office eight years, and
the principals happened to be ouple
he had united in marriage some five
years before. The husband was the
plaintiff and the wife had engaged a
lawyer When the husband told how
his wife had pulled his hair, boxed his
ears and then went to candy pulling
with another man Judge benson
promptly declared them put asunder
according to the law and the Gospel
"'But, your honor, you have no juris-
diction in this case, suggested the de-
fendant's attorney
"No what?' asked the judge, stern
ly-no man had ever before dared ques-
tlon one OF his decisions.
"'You have no authority in this
case. The law does not give justice
of the peace power to grant divorce.
"'Didn't marry this coupler
"Yes, but
"'Then III unmarry 'em, 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 suit for damages
where the plaintiff claimed to have
been swindled in horse swap the de-
fendant demanded a jury to try the
case and Judge benson had a jury
summoned. 1t was summer and court
was held in the shade of 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 thick clump of bushes
some distance away to make up theil
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 verdict and reported
that eight were for the plaintiff and
four for the defendant.
"'Well, that's a verdict. A majority
always rules in this country and the
Judge entered verdict for the plaintiff
on his docket.
"Once a negro was on trial before
Judge benson for carrying concealed
weapons He had a lawyer who wanted
to prove that the prisoners life haC
been threatened, and under such cir
cumstances the law allowed him t
carry weapons. The evidence all in
the lawyer arose with book in hi
hand and said: May it please you
honor, have here a recent decision o
the supreme court in case similar il
every way to this one, and the cour
ordered the acquittal of the defendant.
"'Then I'll overrule the supreme
court an fine the defendant fifty dollar
and costs.
"Once civil case was tried by Den
son, in which two lawyers were en-
ployed. When the evidence was all in
the attorneys held brief consultation
to decide upon the order in which the,
should speak. AS the first one rose t.
address the court, benson cut him shor
by saying: Now you fellows just wal
till / decide this case an then you cal
spout law all day if you want to-
Migrants of all degrees, and ever
man charged with criminal offens
who was not able to pay fine, Densol
would sentence to terms of hard labo
on his farm.
"When asked once for an explanatio
of such unwarranted proceedings, hi
reply was that the law allowed hir
costs in every case he tried, and, if
man had no money, how was the cour
to get the cost il he didn't work it out
To this logical opinion there was n
reply, and no one ever interfered wit
the Judge afterward.
1.-THE redeeming features of Judg
Denson's remarkable administration c
justice was that he usually managed t.
get at the truth of a case, and neve
allowed any legal technicalities to il
fuence his decisions. If a man wa
guilty he was punished in some way
and if innocent he was discharged
True, the judge decided great man
cases over which the laws of the stat
. gave him no jurisdiction, and in man
ways he violated the letter of the sta
utes, but as his decisions were usual,
just from moral standpoint, they wer
| allowed to stand.
Several times dissatisfied parties t
civil suits and lawyers called the after
ton of the governor or the grand jur
, to Deuson's method of doing business
but every investigation resulted in
vindication for the judge. Once h
: was called before a grand jury an
asked if he knew what law was.