Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1896-01-23
Thurman Won the Case.

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practice. He went everywhere he was
called, and tried every case that was
presented to him. He related an anec-
dote of one cause which was pending
before Justice of the Peace. This
Justices abode was some twelve miles
from Chillicothe, and had distinctly
bad reputation. Thurman when re-
tanned told his client-who, by the
way, was the defendant--that he would
be beaten.
"AlI we can do" said Thurman, sis
drive out and hear what the other side
has in the way of evidence. This old
Dutch rascal is bound to beat you;
he'll give judgment against you, and
we'll put in an appeal, and take it to
a higher court. There We will get
fair trial, and, from what you say, we
will win the case.
"On the day of the hearing, SAID
Thurman afterward when relating the
story, my client and l drove over to
the scene Of trial. The courtroom was
crowded with farmers and people of
the neighborhood, who were there to
look on. The plaintiff put on three or
four witnesses, but one after the other,
as they testified, it was plain and clear
that they knew nothing CT the merit
of the controversy. The plaintiff
testimony in no sense established his
case, and the old Dutch Justice was
desperate. The plaintiff had no law
yer, and the Dutch Justice conducted
that side of the case pretty much him.
self. But ask what questions he might
of the plaintiff and his witnesses, he
couldn't bring out the testimony nee
essary to found the case. After the
plaintiff testimony was practically all
in. the old Dntch Justice looked at me,
and remarked, as if experimenting to
see if I would make any objection:
"'Vhile it is unusual for a goart to
give Testimony in CHASE which pends
before 1t, l know a good deal about
this controversy myselup. If dere is
no objections by the defendant, will
swear myselup und give my evidence.
81 made no objection, as | was Gu
rious to see what the old Dutch rascal
would do. Inferring 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, in the
case then and there being tried. After
this very comfortable arrangement, he
sat down, and proceeded to relate
story which entirely picked up all Of
the plaintiffs dropped stitches, and
made, indeed, perfect case against
my client. While the Justice was glib
ly giving his evidence a farmer, who
stood just behind my chair, whispered
to me:
"'Just hear that old rascal lie, and
the beauty of all is there isn't man
in the room who'd believe him under
oath.
"This gave me an idea and l thought
l might as well have 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 stand and testify
that the old Dutch Justices reputa-
tion for truth and veracity was bad.
He said that he would, and that doz-
en- more in the room would be perfect
ly willing to do the same,
"To make it short, got haff doz-
en- witnesses. who believed as did my
farmer friend, that truth had long de-
parted the old Dutchman's mouth as a
dwelling place, and when that person
age had concluded his testimony l
started to put them on the stand.
al won't interpose any regular de-
fense, your honor, said, but l have
several witnesses here to the character
of one of the men who gave evidence
for the plaintiff
"'Wery veil, remarked his honor,
produce your witnesses.
Zone after the other, six gentlemen,
whose names l called, 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
l rested, and informed his honor that
had nothing further to present.
Throughout the testimony ilnpeaching
him of untruth he had preserved an
air of mild indifference. One would