Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1894-11-21

aDce N court Dci 10 be had, The law DaDu-
ed the malefac;or over 10 the eeclesiasiiC
authorities 10 be dealt With. Such offend
ers were locusis, rats, flies, caterpillarsr
aud The Ike Of such things, which went
about without the fear Of the law before
them devouring the crops and pesieriDg
the people. Judgment against these Of
Tending outlaws Was fercely hurled in the
shape Of aneihema aDd malediciion. In
the prosecution Of culprits such as these
legal forms were observed, and the accus-
ed were assured the right Of assignment
Of counsel for their defence. One Of The
latest cases Of this kind Oh record Is a
/ prosecution brought against eaierpillars
4 in Valence, IN 1855. This was argued
with the greatest solemni.y, ard taxed the
learning Of both lawyers and ecclesiasiics,
50 acute were the many points Of law that
were urged pro and con. The legal and
ecclesiastical battle over The ca,erpillars
lasted 50 long that when the case was
closed and the court ready 10 pronounce
lis judgment il was found that. the accus-
ed. having got through with work Of dev-
asiation had disappeared from the juris
diciior Of al courts.
In 1910 prosecution was entered
against 8 horde Of rats that were eatiDg
up the barley il The South Of France
The rails were defended by the great law
yer Of that day, Chasseneux. He urged
in behalf Of bis clients that there was no
legal mode Of prevent them from return
ing TO the place from whence they had
come, and tba, there was DO way open 10
them where cats might lay in wait. Be
sides bis legal points be brought many
Scripiural arguments 10 bear IN favor Of
the rails. and Won the case Tie prosecu
ton fell, and the rals were ordered 10 re-
turn to their native place at once. The
record does not say how the judgment was
received by the devastating rodents
In 1860 pest Of small flies which was
prosecuted at Mayence escaped the dire
effects Of analhema BIZ The skillful hand
ling Of their case BY counsel, who defend
ed them on the plea Of their extreme
youth and small Size This struck the
learned snd pious Court As irrefuiable ar
gumen', aDd be ordered that, il The flies
were driven away, those driving them
must provide them a spot to which they
could retire and i've comfortably.
1t was not until 1857 that a sense Of
the utter ridiculousness and folly Of all
this kind Of procedure broke upon the au-
tborities, and The awakening came during
the trial Of a case against certain insects
that had attacked the vines in Savoy
The counsel defending the insects was 20
acute and full Of resource that the prose
cuior became exhausted IN trying 10 meet
and refuie bis arguments, and made The
official tender Of The right 10 the accused
Insects Of retiring 10 g certain locality
Counsel for the defence asked and receiv-
ed 8 delay in the proceeding 10 consider
this oi7er. Two days later they csme into
court and declined the sr In ihe name
Of their clients, because, the land was
sterile IN the locality proposed, and pro
duced absolutely nothing upon which
their clients could subsist On this the
prosecutor Joined issue, and jury Of ex-
perts was summoned 70 decide il. Il was
during the session Of this jury that 8 ciii-
zen Of common sense, far IN advance Of
bis time, showed by argument and ridi-
cule how silly all such proceedings were,
aDd the Jury 20 reported. That is the last
case OF the kind on record, and the revo-
luton starting from the jury Of eEperis
II the vine pest case res1lted 10 the rspeal
Of all animal prosecuting laws AID The
substitution Of The present plan Of proce
dure against the owners + offending ami
mals. ."-Ns,r I'ork SIN