The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-09-09

everything clear through to the fruit
and ice cream and pastry and coftee
and eognac, was criticised, II might
be considered passable at a twenty cent
place, but at n shop where the price was
twenty-five cents II was ineXcusable
The worst of II was they had a guest
with them, and he would carry away
poor opinion OF San Francisco hospital
ity, They again called the proprietor
over and forced him to apologize TO the
visitor for the wretcheu food he had
served Then Davis paid the checks,
which were for twenty-five cents apiece,
and Nye nearly tainted when the CASH
Ter humbly thanked him.
The next day Nye slipped away from
all friendly hands and secretly went
around TO that restaurant, He wanted
to have Just one more of those stu
pendous twenty-five cent dinners, SO
he ordered about one-third what he had
taken on the previous day. There's no
use wasting food just because II Is pro-
vlded SO generously and at such a
price" he reasoned, And he called for
his check.
Somewhat to his surprise the check
was for $2270,
The Davis dinner had been a nice,
pleasant little prearranged swindle put
up by Sam and his friend and the res
taurateur.
1t was the same Davis who previous
to this had been for one day chief JUS
tlce OF the supreme court OF the state OF
North Carolina, though he had never
been In North Carolina,
Going east one winter the man from
the coast stopped off at Laramie to re-
new his troubles with Nye, who was
then Justice of the peace The court
was busy with n legal hearing, and
when Davis appeared in the doorway
Nye Immediately called him forward.
"Gentlemen OF the bar" he said, adj
dressing the two attorneys, st affords
me pleasure to Introduce Chief Justice
witherspoon OF the North Carolina SUI
preme court Judge, your arrival is
most opportune, and want you TO sit
here with me and advise me on this
case. Join me on the bench" Then In
whisper, Back me up, you outlaw,
or I'll commit you for ten days as
vagrant."
Never was n case argued with more
vigor. This was the first time these
wyoming lawyers had ever confronted
a real chief justice, and they made the
most OF IT.. At intervals OF about thirty
minutes the eminent forensic light from
the south would request that the court
be cleared so that he might confer with
his distinguished colleague, Judge Nye,
upon some abstruse point. Then, while
the lawyers and others went down
stairs by the front hallway, these two
false pretenders would retire by the
back stairway to the market OF wet
merchandise When the last attorney
had finished his Grafton another con-
ference was held, after which Nye calm
ly looked down upon the litigants and
said:
"a serious doubt has arisen This is
an assault case such as have frequent
~ dealt with for months past. have
fined some defendants and released
some. But find / am in the wrong.
Judge Wltherspoon tells me that by the
common law Of England the defendant
Is subject to capital punishment, fine.
Imprisonment or liberty. But he very
properly says there is doubt as to
whether or not under territorial gov
eminent we are not working in the pur-
view OF this law. Maybe we are; maybe
not. He promises to look II up on his
return home. In the meantime, II j
have erred In previous decisions, the
county is liable to heavy damages as
Indemnity. / may have let some men
70 whom I ought to have hanged. ]
hope, therefore. that as taxpayers, upon
whom such money loss would fall, you
will agree with me that 1t is best to
say nothing about 1t until we hear from
Judge Witherspoon. / think. and the
Judge concurs with me, that we would
best dismiss the present action without
prejudice. In the meantime the emil
nent Judge requests that we all go down
and take drink on him."
In Laramie they are still waiting for
~. : decision Of Judge Witherspoon's.