The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-12-28
HOW THURMAN woN A CASE.
The Judge Regarded His own Testi-
mOny as Impeached.

From the Washington Post.
The late Judge Thurman used to tell
many an amusing story Of his early prac-
tice. He went everywhere be was called
and tried every case =that vas presented
TO him. He related an anecdOte of one
case which was pending before a justice
of the peace. This Justice abode some
twenty miles from Chnlicothe. and had a
distinctively bad reputation. Thurman
when retained told his client-who, by the
way. was the defendaht-that he would
be beaten.
''An We can dc" said Thurman. 'is to
drive out and hear what the other side
has in the way of evidence. This old
Dutch rascal is bound 10 beat you; he'll
give Judgment against YOU, and Wen
put in an appeal, and take it to higher
court. There We will get fair trial, and,
rom what you say, we will win the case. -
ION the day of the hearing" said Thur
man afterward when relating the story,
my client and drove over TO the scene
OF the trlal. me court room was crowded
with farmers and people Of the neighbor-
mood, who were there TO look on. The
plaintf put on three or four witnesses,
but one after the other, as they testified,
ii was plain that they knew nothing of the
merits of the controversy. The plaintiff 5
testimony in no sense este blished the
case, and the old Dutch justice was des-
perate. The plaintiff had no lawyer and
the Dutch Justice conducted that side of
the case pretty much himself. But ask
what questions he might of the plaintiff
ana s, ms witnesses he couldn't bring out
the testimony necessary to found the case
After the plaintiffs testimony was prac-
tically all in, the old Dutch Justice looked
at me, and remarked, as if experimenting
TO see If would make any objection:
" While it is unusual for a goart to give
Testimony in a case which ponds befOra IT,
l know good deal about this controversy
myself. If dere is no objection by the de-
PENDANT. | will mNCqinf md pffa
evidence
II made no objection, as l was curious
to see what the old Dutch rascal would do.
lnterring consent from my silence. our
judge gravely arose, and holding up his
right hand at his own hOarse- command,
he administered the usual oath to tell the
truth, and nothing but the truth in the
case then and there being tried. After
this very comfortable arrangement he sat
down, and proceeded to relate a story
which entirely picked up all of the plain
tiff's dropped stitches, and made indeed,
a perfect case against my client. While
the justice was glibly giving his evidence
farmer who stood just behind my chair
Just hear that old rascal lie, and the
beauty OF II all is there isn't man in
the room who'd believe him under oath
This gave me an idea. and | thought
l might as well have a little fun out of
the situation while drifting to a judgment
against my client. l asked the farmer IN
whisper if he were willing to take the
tees reputation for truth and Veractty
was bad. He said that he would, and that
a dozen more in the room would be per
fectly willing to do the same.
ITO make il short I got a half-dozen
witnesses who believed. as did my far
mer friend, that truth had long departed
ing place, and when that parsonage had
concluded his testimony l started 10 put
them on the stand.
go won't interpose any regular de-
fanep honor I said lint | have
eral witnesses here to the character of
one of the men who gave evidence for
the plaintiff
duce your Witnesses.
lone after the other six gentlemen
whose names / called arose and were
sworn One after the other got up on
the stand and testified that they had long
known the Dutch justice, giving his name
that they knew his reputation for truth
and veracity in the community where he
resided; that it was bad, and that from
that reputation they would not believe
him under oath. At this point. rested and
further to present Thnoughout the tesfi-
mony impeaching him ofsuntruth he had
preserved an air of mild indifference. One
would never have known by looking al
him that he was the party under discus
sion at all. When I-told him that my ev-
idence was all in, he braced up to decide
the case.
The plaintiff, NIT his first four Wit
nesses, witch includes himself said his
honor, makes holdings out OF his side OF
der case. Vas dat all his testimony dis
COURT must gife judgment for the defend
ant, but dere vas one odder Witness who
makes of himself a volunteer, und who
gifts his Testimony, Witch completely Gov
ers der controversy in all its barts. Upon
his Testimony land he had named himself
as this witness) If IL We're uncontradicted
und unimpeached, l could gife judgment
for the plaintiff. But such is not the case
While the Testimony of this witness nam
ing HIMSELF is not eontradicted, vet now
comes six reputable witnesses already
who climbs one after de oder to die Wit
ness chair, und says dat dey know this
man, (naming himselD dot he is lial
where he lives; dot his testimony IS lies
und dot his word is not good Dot Is voi
dey call in die law impeaching a witness
Generally it a mighty hard ding TO do, but
in dis case i must say dot / regard die
witness as very successfully imbeaohed
Derefore as ii isn't What l dink OF hin
myseluf but What die evidence in de case
makes of him do / must go by throw ou
COURT is left again NIT noding but d'
blaintiff und dose udderpeople who syore
WITCH as / hafe already said, know nod
dings of dis business. Under such cir
cumstances de COURT can make no finding
for blaintiff. Derefore, de COURT finds
for die defendant, nit judgment agains
de plaintiff for costs.
"It was the best thing" concluded Thur
man, that the old Dutchman ever did
1t established his reputation as an homes
man far and near and from that tins
until his death If anybody had made
an effort to impeach his evidence glver
in case, he would have failed. The who'll
neighborhood looked on him as a seconC
Daniel from that time forward"