The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1896-02-20
WON THE CASE.
JUDGE THURMAN'S EXPERIENCE WITH
ADUTCH JUSTICE.

JUDGE THURMAN'S EXPERIENCE WITH
ADUTCH JUSTICE.
How He Won the Case of His Client
Against Seeming Desperate Odds
A Unique Trial as Related by Him.
self-A Justice of the Peace Who
Was Both Judge and Witness.
The late Judge Thurman used to
tell many an amusing story of his
early practice, says the Washington
Post. He went everywhere he was
called, and tried every case that was
presented TO him. He related an an
ecdote of one case which was pending
before justice of the peace. This
justice abode some 2 miles from Chill
licothe, and had distinctly bad repu-
tation. Thurman when retained told
his client-who, by the way, was the
defendant-thath he would be beaten.
"All 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
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 the trial. The court
room was crowded with farmers and
people of the neighbour 'od, 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
of the merits of the controversy. The
plaintiffs testimony in no sense es-
tablished the case, and the old Dutch
justice was desperate. 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 and his wit
nesses, he couldn't bring out the tes-
timony necessary to found the case.
After the plaintiffs testimony was
practically all in, the old Dutch justice
looked at me, and remarked, as if ex-
perimenting to see if l would make
any objections:
"While it is unusual for a goart to
give testimony in a case which pends
before it, l know a good deal about
dis controversy myseluf. If dere is no
objection by the defendant, l will swear
myseluf und gife 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, the whole
truth, and nothing but the truth, in
the case then and there being tried.
After this very comfortable arrange
ment, he sat down, and projected to
relate story which entirely picked up
all OF the plaintiffs dropped stitches,
and made, indeed, a perfect case
against my client. While the justice
was glbly giving his evidence, far
mer who stood just behind my chair,
whispered to me:
"sJust hear that old rascal lie, and
the beauty of it is there isn't man in
the room who'd believe him under his
oath.
"'Ths gave me an idea, and l
thought l might as we'll have a little
fun out of the situation; while drifting
to a judgment against my client. |
asked the farmer, in a whisper, if he
was willing to take the stand and tes-
tify that the old Dutch Justices repu-
tation for truth and veraci,y was bad :.
He said that he would, and that a
dozen more in the room would be per
tectly willing to do the same.
"'ro make it short, | got half
dozen witnesses who believed, as did
my farmer friend. that truth had long
departed the old Duichman's mouth
as a dwelling place, and when that per-
sonage had concluded his testimony, l
started 20 put them on the stand.
"I won't interpose any regular de-
fence, your honor | said, 'but have
several witnesses here to the character
of one of the men who gave evidence
for the plaintiff.
"sFery veil,' remarked his honor,
produce your witnesses.
"One after the other, six gentlemen
whose names | called, arose and were
sworn. One alter the other got up on
the stand and testified that they had
long known the Dutch justice, giving
his name; that they knew his reputa-
ton for truth and veracity in the Com-
munity where he resided; that it was
bad, and that from that reputation
they would not believe him under oath.
At this point | rested, and informed
his honor that | had nothing further
to present. Throughout the testimony
impeaching him OF untruth, he had
| preserved an air Of mild Indifference.
One would never have known by lock.
ing at him that he was the party under
discussion at all. When | told him
that my evidence was all in, he braced
up to decide the case.
"sThe plaintiff nit his first four
witnesses, witch includes himself, sale
his honor, makes nodingt out of hi
side of der case. Vas dat all his testi
mony, dis court must gife judmen, TO
the defendent, but dere vas one odde
witness who makes of himself a voun
| aad u.h, lie hiS deStinaap, II 81