Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1896-01-22
Misttllaneous 8eading,
HOW THURMAN WON A CASE.
The Judge Regarded His Own Testimony
as Impeached.

HUW lHUnMtN NUN OdOEs
The Judge Regarded His Own Testimony
as Impeached.
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
anecdote of one cause which was
pending before justice of the peace.
This justice abode some 12 miles from
Chillicothe, and had distinctly bad
reputation. Thurman when retained
told his client-who, by the way, was
the defendant-that he would be
beaten.
Gall we can do" said Thurman, ''is
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 a 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 drove over
to the scene of the trial. The court
room 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 moth
ing of the merits of the controversy.
The plaintiff testimony in no sense
established 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 ques-
tions he might of the plaintiff and his
witnesses, he couldn't bring out the
testimony necessary to found the case.
After the plaintiff IS testimony was
practically all in, the old Dutch
justice looked at me, and remarked, as
if experimenting to see if / would
make any objection:
"Vhile it is unusual for a goart to
give Testimony in a case which pends
before it, know good deal about
dis controversy myseluf. If dere is no
objection by the defendant. I will
swear myseluf und gife my evidence
"I made no objection, as was
curious 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 admins
tered 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
arrangement, he sat down, and pro-
ceeded to relate story which entirely
picked up all of the plaintiff S dropped
stitches, and made, indeed, perfect
case against my client. While the
justice was glibly giving his evidence, a
farmer who stood just behind my chair,
whispered to me:
Just 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
"This gave me an idea, and I
thought might as we'll have little
fun out of the situation, while drifting
to a judgment against my client. 1
asked the farmer, in a whisper, if he
was willing to take the stand and
testify that the old Dutch Justices
reputation for truth and veracity was
bad. He said that he would, and that
dozen more in the room would be
perfectly willing to do the same.
"To make it short, I got half
dozen witnesses who believed, as did
my farmer friend, that truth had long
departed the old Dutchman's mouth as
a dwelling place, and when that per-
sonage had concluded his testimony, I
started to put them on the stand.
"I won't interpose any regular
defence, your honor said, 'but l
have several witnesses here to the
character Of one Of the men who gave
evidence for the plaintiff.
Fiery vell,' remarked his honor,
produce your Witnesses
"One after the other, six gentlemen
whose names I 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 reputa-
ton 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 I rested, and
informed his honor that l had nothing
further to present. Throughout the
testimony impeaching him of untruth,
he had preserved an air of mild indif-
ference. One would never have known
by looking 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.
The plaintiff, NIT his first four
witnesses, witch includes HIMSELF said
his honor, makes nodings out of his
side of der case. Vas dat all his testi-
mopy. dis court must gife Judgment