New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-04-09
TRIED IN THE BIG ROAD.
A CURIOuS COURT SCENE IN ALABAMA
TWO DOLLARS FINE AND TWO DOLLARS CoslS-
LEARNED JUDGES METHODS.
r,. sonth.rn.r, say I'VE arr mighty huhgr'

"e' ~ ,,r INNS, l.. hundreds, Of them In Wash
,uci,a now se.idns ceIkshps ana ASSISTANT s''i'',
slips. They represent the state In which Tue io',"
,r, incident oct ur1rd the relaior being H. NJ Sm'th'
- ciylI engineer well known In the o""'h "" III
Sew York. (NO relative of llphro .
was MINING ore in Cherokee County, Ahr S"'"
no "and employed forty wagons I" maui inc p'"'''
to til. ralruad. one "f til" wagons broke u"""' "'"
I told the driver (whO was also thc o"heD W ~ '" -"
,,rp.ni.r ana have 1t mend'd. TIL" carpenter "
,.ms had his doubts of the mans ability |" pay vi
fla a., and came 10 me-. said that u t'' "'
wasn't paid ! would b" responsible" Tor u >" w VI"
tl,. work. The very next day Il" appe"'''' Il" 10y
r,odonarters and demanded III" money Sa'' WV
mot vet owe 1t. aud asked MN " '"' "'''' w
refused f., pay IT, He refused to answer ny T"esu''
I'm, said that | was trying 10 swlnfI" NM i'''
,.,d. my llnod boil IL, tNiC" my sll'' an" ."
a hand TO hand conflict Shonld have VA" "' ",i
A naichet lying on Il she'll near wv an" n
II M l.aped toward him and siThcR AZ MN WIZ
nv might. He ran out Of til" door, an" NV ''"'
INST rrnzod II, coat tail. lie ran nifty yards anu y"
,og nat | had stopped TUNED ana b's"" -
,hn,e ne. went fer him usa'n, al" III" "'"'
III the premises . ,,,oo
"1yo hour, Later l0ns tail. ahNV "'"h'' s",
am. ~ t,o.. one nlIus fellows. with high boots anu
"A oGrnp. sell hat. cane INV" th' "'"'' w ~
wanted
".w.u, here am said: look NJ me-
..t,y. COME 10 rest you he SAID In HIND VOICE
AIRES. met exclaimed. what '"'
".You tried TO MI Mise, ana MS '"''' WV
warrant fer ye.' ,,,,,
Eu what have you got 10 90 Will I" '''
said where IS your authority -
1--WE been swored In SPECIAL c"n'tlp' ~,
mnkn' the rest 10y squire Iinsr>' III" ""
have to lock you mp ,,o
st. rut Won have no place 10 iock mo up ""''
,,n yo, take. nlr?' said. know that the l''r'S'
calalpo," was t"rn'y nil''' away w.
70 90 there. 49, ,,a
arm blamed If know. stranger H. l'p,'',
.lut I'VE got 20 lock yCn up som"w'res' 40" "'e"'
a, we'll com" along 49, ,,o,r 81,
..w.r argued the matter with 'lat hil"N Il"
hour. and finally persuaded him to leave HI ".'','
an p,r nror,. 10 be at court whenever ""''r
rho tolloving morning he came In about ~ "'''"'
and Informed me that the court WAS "'"S '' "
tho squire was waiting asked where INV '''''
was TO be- held and h. answered 49, ,,,
".Hisht mp the big road hef'S 0''' ~
quarter or sici' . 500, y,
81 went nlong with him. taking my son. o'S VI
sixteen a, witness. he having '"en tn" wh"l" 'ron'r
The court was In session when W" a'T'N'"' Wv "i
souatting down one side OF me ro'" ava" 49,
,b,r,v Of tho yeomcn OF tho country on th' o'h'r'
| II vas a wide place In the road Win huc"i'"''S
hu.b.. nm one side and all around ana about oi"npS
! -, blackberry bushes and hummocks Of bToom-s'u
/ Tn, sandc,t spot In half mile hau "en ''',"
| The men splitting tohacc" ana ""I''ine -,
and the squire who was at least seventy S'" '
! uos Winning nj, sp,ciacle.. said good morning u
| ,a. aud IN. special constable squatted down,
7
nu,lsd ont MI, knife and began whiting turning
to him the squire said ,
| " Officer air the prisoners all arrWcoF
".Thry air. sir replied the conothOle'
".Then call this ycrc honorable Court 10 'i"''
and we will pcrceed to the business tfi't Is ID"
here before us. . ,..,,
a.. .ou,rc, said the constable, stopping his whiting
| for n moment, how does 20 do thatl'
| Tho soulr. Informed him. and he repeated as
| nearly possible: -
| ..Oh yes. on yes! This honorable ~onrt Is now
come In order to hear what ther j. 10 oo"e ON'''
| for the keeping Of the law"
| "Wben | looked into the faces OF those men squat
ting around my heart sank within me. was Ill
Cherokee County. Ala, In the year oil our Lru i0''
on trial for assault with Intent To Kill ia" no
defence, and no lawyer to make one Every one ""'
| plainly against me.
| . v,se wns called on first to make his charge and
- ~. oyer reads this story want him to see that
| eve him credit for the straightforward way III WIN"
he stated his case. IL was "'o'' INA" ~ 49,,
ncc,cd The squire listened intrnuy. took on MS
spcctaclcs and wiped them often, ana seemed 10 nave
| ,b. hprden Of III. world upon him. When lie hau
| hoard All that Mise had to say H. shook his mead
and remained silent for several minutes Then rais
Ing himself up on his knees he spoke
| ...u appears to thl, ycrc honorable Court MF.
smith, that Mr. Mise has made ont powerful strong
case against the defendant. Now what Is the ue'
| PENDANT got to say IN return OF that charge!
The ycomanry chcwed faster In their excitement
and whitfield faster and there were mods and nudges
| of approval from many OF them rs they looNeu
toward Mise The squire had code OF te olate i!"e
| beside him. and picked 1t up to see WHAT III"
| been guilty OF technically speaking. and what 'he
| nenolty was Ny hair almost stood on end when /
| read that n convicted, / might have to pay me
of - 900 and 20 to jail for five years. Then how
ever another thought struck me-. turned Ia
| another page and read what the law gave AS an
excuse for assault, and found, among oth'r 'hHS
the use OF opprobrious epithcts ana threats OF 'io
| lcnce Then my line OF defence was clearly mapped
out With all the coquencc Of desperation pleaded
my canse proving the court that the trouble was
begun by Mise, who threatened me, etc. The squire
| asked n had any witnesses, ana decided TO put
| my son the stand AS the matter WIS 10"
growing serious he decided to swear us and We took
the oath together. Mise, my son and l. lie wanted
70 save time Then my stood up before him
| and began TO tell how the thing occurred.
squire said Il suppose you Will give nj
| the privilege OF cross-eXaminng'
".Ths honorable Court do extend to Mr. Smith
tho privilege OF axlng proper questions of the witness
| he replied.
| BEFORE nv son had said half Il dozen words the
| squire stopped him. The old fellow paused and re-
| ncctcd Il long time. wiped his glasses, rubbed his
eyes scratched hts head and turncsL al tn, sand
with his boot-hccs till there big holes In the
| ground saw that there something serious
! brewing. Finally he broke the silence
| ".Gcnemcn' he said, 1t appears TO me- that |
| hive read in some book. | have hccrd somcwhcrcs
| tibet a boy KANT be- lowed to ON the stand TO
testify fer his father and after rumnatin' on the
pint this ycrc honorable Court Is goin To rule tibet
| the law /, tibet way. Nj. smith, TIL, yc!c Court l.
a goln' to give you every chance a, can but you'll
have to decide now who OF You air agon' on the
stand 10 testify In your intrlist, you the boy
| ".Of course | babe the boy stand aside, and
became ms own and only witness, we'll aS my
own and only lawyer. never talked Ia ms life
before or since ~ talked then. ON the lire Of
defence mapped ont perceived that had made an
impression, ard Ca tsat He | worked with might
and main. concluded tEu-:
Ard II pleas" -" honorable Count. ard
the Distinguished gentlemen who attend here to day.
would beg lcav" to sabu, n, follows Ny record In
TIE county Is good. No man can say that | ever