Greenbrier independent. [volume] (Lewisburg, Va. [W. Va.]) 1859-1980, 1895-01-24

Legal Strategy.
BY AN ATTORNEY.

Charles Lamb gives a funny ac-
count of the origin of roast pig.
TheOwner ofa litter ofjuVenile pork
ers. roasted to death by the casual
burning of the family sty, in pick
ing about among the ruins, and sor-
rowly handling the crisp remains,
chanced to burn his fingers. Clap
ping them to his mouth, he tasted a
pleasure so exquisite that it made
him at once forget his pain and his
loss. Pouncing on the prize, he not
only despatched the whole barbecue
at sitting, but licked his lips for
more.
The story got wind, and the entire
country was ablaZe with burning
pigpens nor was it till many years
after that some adventurous innova-
tor shocked the adherents of con-
servative cookery by proposing a
new and less expensive process of
preparing favorite dish.
1t is not for us lawyers to laugh
at this. None have been more prone
than we to roast pigs according to
precedent. All of us can remember
when, in every action to recover the
value of one mans property wrong
fully appropriated by another, it
was necessary to allege a fictitious
losing by the former and finding by
the latter; and all because the first
case of the sort, hundreds of years
ago, happened to be one of real los
ing and finding. Nay, 1 have even
known the loss and finding of a
patch of cabbages to be solemnly
averred, and no lawyer thought of
smiling at it.
In the department of evidence we
have been especially slow to learn.
If you want to know how cramped
and artificial its rules are, just get
into the witness-boX and tell all you
know about some case, and see how
much you'll be let to tell.
Twenty years ago it was worse.
No one was then admitted as a wit
ness who was either party to the
record" or interested TO a cents
worth in the cOntroversary. The
consequence was frequent impossi-
bility Of proving, by competent
witnesses, undoubted facts, which
neither of the litigants, had they
been suffered to speak, would have
thought of denying. The devices to
which counsel and client were driven
by a rule so unreasonable were Of
ten amusing.
Very adroit was the march that
Lie Loomis stole on the Statute OF
Limitations" Lie was the facto'
tum of Guys Neck. He did mis-
cellaneous business as carpenter
cow doctor, and coffin maker-add
ing to his other functions that Of un'
dertaking to the county porhouse
He was, withal, an easy, good
natured fellow, free to trust, and
most indulgent creditor.
Among the others whom Lie hao
trusted to his cost was Greg Grimes
without exception the greatest prom
ise-maker and breaker in Guy:
, Neck. ] verify believe he would
if possible, have put creditor of
to the last judgment, and then, or
the score of its being a busy day
have begged him to wait till to
morrow. go,
Greg had wheedled Lige will
promises till the latter's claim wa
" outlawed." Losing patience a
last, Lie took his account over u
the sauire's, when, to his no smal
discomforture, he learned that un
less he could get a new promise from
his debtor, with a witness to it, III
might whistle for his bill. ..
Such fellows as Greg always know
. q GOOD deal of law, especially tn,
, sharp points of it. Greg would tall
4 as freely, and was as full of prom
ices az ever when he and Lie wer'
alone, but before Others woult
either evade the subject, or else re
main provokingly mum.
One day Lie drove up to Greg
door with his old gray mare an'
spring. wagon, a plain pine coftin-
one Of those flat-topped ahair