New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-29

toward the ranch and at surooWn returned
with sack Of books tied to my sadoie benind.
Tra court had adjourned for supper, leav.
,nr guard over Gallinger who was FURNISHED
with some crackers and coffee, ana iound Ad
trying to cheer the poor le' tI,n anu
despondent as the unfortunate BOY himself.
He took me one side presently ana toio ne that
Waters in my absence, nad 1ee t,,in ate1 p;,
ing the crowd with drink ana taking even 70
the iurymen against Gallinger. ~ had DeeN
mistake he said, waiting for the la"pooKa
hot and the men in a mood to listen. He lid
not now believe that we STOOD any shoW VI VII" NY.
ming But we piled our lawpooks upon .he
table-Kent's Commentaries, Coke upon Little
ton and a copy Of the Institutes or Justihian.
in Latin and English In all we had nine
Formidable volumes with which TO confront tne
Ps sanw hearts rts we awaited developments.
Presently the court and its motley attendants
came struggling in. There were TWO SMOKY
lanterns burning hung to the DEANS AZ - aoo IVY.
either end of the table. BY the light OF these we
we're able 10 take note OF the crowd as ~ sam
cred in the room again. A brlef survey leIt ny
tie hope in our minds I3r ehe stoiid stare in tbs
eves of most Of the jurymen ana general
threatening aspect in the crowd;
Boys as we were I'VE we ir,,y frontier mob
had been insidiousy worked up TO the lyncnng
point-the sentiment turned, by drink ana per
sua sion, completely against US holeu, NOW
ever as Broadly and De Lana came IN anu
seated themselves, that they cast their eyes
mon our array Of law books with some show Of
surprise and even of respect. Ihey man r p,oS,
ably never seen so much legal authority prousHs
together in all their adventurous western ex'
perience-perhaps in all their lives. ~.
Ad lost no delay in opening the case; h9
called me to the witness stand to tell what l
knew of the quarrel at Shields camp, between
the defendant and Waters, and also to testify
as to Gallingers lifelong character
Thon he took the stand, and, under my ques-
tioning. swore 10 substantially the same facts
We were both able to identify the pony-which
had been pointed out to us outside-as the same
which Waters had claimed at the railroad camp
C;aIinger also was called to speak in his
own behalf which he did. telling MS story IN
pathetic whisperings which brought tears INTO
the eyes Of his impromptu attorneys IN SPIKE OK
their efforts to seem calm end confident But me
Jury and the crowd remained stolidly indifferent
When Waters was called on by Broadly 10
take the stand-lterally stand leaning
against the wali-and tell his story in rebuttai
to which we, of course. could not oDJect-he
swore positively that he had never released
fer the critter off n on ever since it strayed.
AN gen'rm'n." the fellow concluded turning
shrewdly to the jury, "s'posen he'd OF ea'd
didn't hey no use fer tn burned bronco hilst
I was at OF Shields camp. didn't hey NJ "se
fer him whilst he was lame"
That's so; you bet" came from the or wd:
"'e never give up no pony. ana the dot a
ones of the jury nodded assent with emphasis
IT'S all day with poor Gallinger, Whispered
to Ad. But my partner turned cooly TO the
| judge. and in the calmest and most deferenuai
manner, said: $500
Your Honor" with JUNCTION Of emphasis, this
last admission Of the only witness In the case
against our client takes away any necessity lor
an argument on our part
with the utmost confidence and authority IN
his manner. AID advanced TO the table and took
up the Institutes of Justinan' Your Honor.
he repeated !mpressively, "let me read the law
for the benefit Of these gentlemen sitting as Ju'
rors in your honorable court.
He turned the leaves of the book for some
minutes while the rough assembage stood with
he 10 Justice Snerln
settled back with expectant, non-committa
faces. Then. in a sonorous. ringing voice. 40
read, in Latin: Qua ratione, verius esse videtur
ST rem pro derelicto domino haitian occu'
paverit quis. statim cum dominum effici. Pro
derelicto autem habetur quod dominus ca mento
abjecerite ut id rerum suarum esse nollet, ide.
ooue statim dominus esse desint. Or. In other
words that which is seized on-taken up as
this bronco was-when abandoned-turned loose
by it's owner, and is cast aside for any cause
as worthless to himself, is therefore no longer
a part of his property. but the property or Who
ever shall take ii up and take care OF II. Your
Honor. and gentlemen of the jury. did you ever
in all your courtroom experience listen to
palmer law than ths?"
The effect was magical.
Those sonorous Latin words. and his prompt
free Interpretation of them. subdued that crowd
as by some potent charm. Broadly and De Land
wilted under them.
Latin law defining the limits Of ownership in
ponies.
Squire De Land recovered himself and got
to his feet In time to take advantage OF so
momentous an occasion. He kept his feet little
unsteadily. but his broad bosom expanded un'
der his woollen shirt and his eyes dilated
These hyer proceedins is squashed," he de.
clared in tones of supreme authority. This
court haint a gon dead agin tn law. when law
is plain straight like that thar" pointing 70
the book which AID had thrown, with affected
assurance and careessness. upon the table. Gem
'lem'n tn jury. they haint more use fer
We under tn law an the everdence. This hyer
court by my authority. air a'journed-sgn er
die"
And he fell back upon his bench in n high
state Of pride and self-importance
The crowd dispersed noisily and rushed 10 tho
various saloons for refreshment.
Broadly good-naturedly took off Gallingers
manacles and set the delighted fellow free. while
Ad and Rugged him.-(F. w. Calkins In the
Midland Monthly"