Greenbrier independent. [volume] (Lewisburg, Va. [W. Va.]) 1859-1980, 1896-08-27
MISCELLANEOUS.
How Thurman Won n Case.

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 Wdshinqtor
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 twelve
miles from Chillicothe, and had a
distinctly bad reputation. Thur
man, when retained, told his client
who, by the way, was the defend
ant-that he would be beaten.
All we can do" said Thurman,
els drive out and hear what the
other side has in the way Of evi-
dence. 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 higher
court. There we will get a fair
trial, and, from what you say, we
will win the case.
"On the day of the hearing,"
said Thurman, afterward, when re-
lating the story, "my client and /
drove over to the scene of trial.
The courtroom was crowded with
farmers and people of the neighbor-
hood, who were there to look on.
The plaintiff put on three or four
witnesses, but one after the other, as
they testified, showed it was plain
and clear 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 JUS
tice conducted that side of the case
pretty much himself. But ask what
questions he might of the plaintiff
and his witnesses, he couldn't bring
out the testimony necessary to found
the case. After the plaintiffs testi-
mony was practically all in, the old
Dutch justice looked at me, end re-
marked, as if experimenting to see
if ] would make any objection:
While it is unusual for COURT to
give Testimony in case which
pends before it, l know good
deal about this controversy myseluf.
If dere is no objection by the de-
fendant, l will swear myseluf und
gife my evidence
made no objection, as II was
curious 10 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 ad-
ministered 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 proceeded to relate a
story which entirely picked up all
Of the PLAINTIFFS dropped stitches.
and made, indeed, perfect case
against my client. While the JUS
tice was glibly giving his evidence,
farmer who stood just behind my
chair whispered to me:
Just hear that old rascal lie,
and the beauty of it all is, there
lieve him under OATH
This gave me an idea, and l
thought l might as we'll haye little
fun out of the situation while drift
Ing to judgment against my client.
/ 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, l got half
dozen witnesses who believed, as
did my farmer friend, the truth had
long departed the old Dutchman's
mouth as a dwelling-place, and
when that parsonage had concluded
his testimony, started to put them
on the stand.
Il won't interpose any regular
defence, your Honor | said, but
have several witnesses here to the
character of one of the men who
gave evidence for the plaintiff
Ferry vell,' remarked his Honor,
produce your Witnesses
One after the other six gentle
men whose names called arose and
were sworn. One after the Other
got upon the stand and testified thai
they had long known the Dutch jus
tice, giving his name; that they
knew his reputation for truth ant
veracity in the community where hi
resided that 1t was bad, and tina
from that reputation they would no
believe him under oath. At thi
point l rested, and Informed hi
Honor that had nothing further Il
present. Throughout the testimony
| impeaching him Of untruth he hat
preserved an air Of mild Indifference
Ons would never have known BY
looking at him that he was the part!
under discussion at all. When