The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1894-03-09
A UNIQUE DECISION.
HOW THE MISSOURI JUDGE SETTLED
A BOUNDARY QUESTION.

Not Responsible For the "Lawin."
Asa Beeson served in the capacity of
justice of the peace in one of the back
counties of Missouri in the good old
times preceding the war. His knowledge
of law was extremely limited, and he
wouldn have known a mandamus from
an alibi, but he possessed a fine sense
of justice, and his decisions, though
sometimes original, were usually in ia
vor of the right and for the promotion
of peace and harmony.
On one occasion he had on trial be.
fore him case entitled Hunter versus
higgins, in which the cause of dispute
was line fence separating the farms
of the contestants. The plaintiff was a
young widow and the defendant bach
elor, and a good many people, the squire
among the number, felt that it would
have been better for the happiness and
prosperity of both if they had Joined in
matrimony rather than legal battle
that promised to last through years and
bring no good results to either party in
the end. The squire, observing the con-
testants closely before the trial, was
sure he had discovered something be-
meath the surface of their hearts which
they were carefully concealing from the
public and each other. When the case
was called, there was an army Of wit
nesses and world of evidence, and all
so conflicting that it would have re-
quired Solomon to have rendered
just decision. Squire Beeson listened,
scratched his head and looked complete.
ly puzzled.
This is a case," he said, when the
last witness had testified, that stumps
me, and l acknowledge that I'm beat.
I've had lots O. cases a-fore this. an
some of 'em was purity bad mixed, but
l amt never had one that l couldn't
fgger out the right an the wrong of it.
This, though, is different. Both sides
has proved every pint set up, an both
has dlsproved everything proved by
each other. The evidence is jest stand
off all round, an I'll be hanged if 40
Philadelphia lawyers could make out
which is right an which is wrong"
The squire paused a moment, then
resumed: Now, as l understand this
matter, the whole question is, which of
you two parties owns a six foot strip of
land lying between your two farms.
Am correct?"
You are" higgins answered, and
the widow nodded in the affirmative.
You are both agreed on that, 1.-THE
squire remarked, 80 that pint is set
tied. Now, another thing understand
is this: The line between the two farms
has been surveyed and located dozen
times, first by one party, an then the
other, an no two of them surveys has
put the line in the same place. Have |
got the right understandin thar"
The plaintiff and defendant both nod
ded their assent.
"All right" said the squire, that
settles that pint. Now, believe this
matter has been in dispute good many
years in the courts an out, an that it
has been decided dozen times one way
an another. but that so far nobody has
been satisfied, an nothin like settlement
has been reached. Is that correct?"
The contestants exchanged a quick
glance, then, turning their eyes back
on the squire, nodded again.
"Then," continued the squire, "how
am l goin to decide this matter when
the surveyors can't agree on the line,
an the courts amt never been able to
agree on the ownership O. the land?' An
what good would it do if decide when
the one l decided agin would go right
to work to git new hearin?"
Neither of the interested parties made
any answer, and after short pause the
squire went on.
Its well known to me, " he said,
THAT neither of you two ain respon-
sible for this lawn, because neither of
you started it. It was begun by your
fathers way back yonder years ago, an
it's come down to you with the land as
part O. your inheritance. I'm of the
opinion that you are both sick O. the
thing, an that in your hearts you wish |
you were done with it. But can tell
you now you will never git done with it |
by lawn over it. Never in the world,
for no courts will ever settle on the
ownership O. that six foot strip O.
ground. Yet this matter can be set
tied, an this court feels that it is her
duty to settle it, She don't presume to
say who is right nor who is wrong nor
whar the division line between the
farms ought to be. That wouldn't settle
nothin if she did. Thar is a better an a
more sensible way O. gettin at this bust
ness. My decision is that thar shan't
be no division line no more, an that the
two farms shall be consolidated into !
one"
The contestants looked at the squire
in amaZement, and almost a minute
passed in perfect silence. Finally Rig
gins gasped: Consolidate the two
farms into one! How can that be man
aged?"
jest as easy as fallin off log. All
you have to do is to stan up yere afore
me bout 10 seconds, an I'll have it
fixed. I'll make you man an wife, an
then Their won't need to be no line be-
tween the farms. Come, that is my de-
cision."
THAT we must marry?" higgins
asked.
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