The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-05-11
PICTURESQUE OPINIONS
Judgs Dsni, OFths West Virginia Supreme
CourI, GAinIng Celebrity for IIIs Novel
Pen POriraIturss-A sample Of Judicial

Jnhgs DenI, OF the West Virginia Supreme
CourI, GAinIng Celebrity for IIls Novel
Pen POrIraItursS-A sample OF judicial
Rhetoric.
The following from the Yves; Virginia
Bar. the organ OF the state bar assoc!a-
;ion, VIII be read with interest by lay
men as well rs BY the legal profess
sion;
Judge Dent, OF our supreme Court
is gaining a national celebrity for his
picturesque opinion, We md the sub
Joined excerpt OF MS opinion Ia tie case
Of Ward vs. Ward. % s r. Rep $40
going the rounds ~ the law journals NJ
specimen OF judicial rhetoric Of the
rara avis variety. Rhetoric IS not often
an adjunct OF the judicial faculty. The
legal opinion Is proverbally prosiac. Its
vocabulary Is exact and verbose but
seldom hurid. Hence to ind piece %
pen poTtrIltnre like the following In
jected into q judicial opinion attracts
attention.
Tae case inyOlyld the question Of the
validity OF Il deed from father 10 a
son. and Judge Deaf proceeds TO char
ac;erlze the attempt Of the father after
his wIfe's death, to have the deed can
celled:
Evidently a change in his circum-
stances has produced a change In his
mind, The wife he sought TO please is
under the sod and promises made TO
those who lie IN n graveyard soon lose
their binding force whel there Is no eye
10 see. nor ear TO hear. nor heart 20 feel.
In hrr presence he thought 20 wind up
his business sec that his aud her chill.
dren were well fixed In life, and then.
a.. - Oh
him. lie down 10 pleasant dreams But
new blood is coursiug through mis- veins.
New ambitions are filing his mind, and
stirring his energies, rejuvenAIing him,
and causing him TO cast on the lethar-
ny ~ age He yelrns Tor the comp1n-
ionshlp Of the Eentler sex. and who can
blame him who has once enjoyed the
tender. gentle, afiectlonate sollcliude
and society OF good wife? Peradvcn-
ture he lnORs not upon the elderly maid
en- ladies OF his own age but with long
ing eyes and pllpilatinG heart covets
yOung. strong and buSom help meet.
But she IS not for old and second hand
wid1wcrs, such as he. unless she can re-
ccive a goOdlv settlement as balm OF
her youthful affections.
The Al. Ward farm about fills the
measure. He therefore, quellinG any
lingering qualms Of conscience. under
taxed TO undo what ne has so solemnlr
and legally done. He fears 10 approach
his son Taylor on the subject well
knowing that he is chip on the old
block hu; secretly eOdcavors to make
ont case OF uon-delivery. but when he
finds that this IS 4 fatipre he approach
es Taylor with persuasive influence, and
finally attempts 10 buy him out AT fig
ure which Taylor refuses 60 accept
Taylor IS disposed at times 10 be leUlent
towards hts father. and SO expresses
himself; but when he thinks OF the OBJ
iecI la view. and the solemn manner in
which he was invested with the proper
Is. and the presence OF his dead mother.
and that his father only wants the re-
turn OF the property TO buy
some 90 M that mothers place,
fires never die out in the
breast OF duutul son, and n
niche Is always kept in his heart
for her who gave him birth and life.
that no other can I'LL The father, md
ing his son obduraic even against
threats 10 kill him, seeks court OF
equity: and the Only allegation contain-
ed In his bill to invoke its assistance he
abandaas IN his proof and the only
thing contained In his evidence that
would cn;itle the court 10 interfere IS
the assertion that, when he handed
Taylor's wife the deed. he told her TO
keep {; for him until he called for it.
To establish this reservation the burden
was on him, and In this he had entirely
failed. The evidence and circumstances
both heavily preDondrrats against him
And while a fellow-feelinE that he
might marry the woman Of his choice,
watch Is now placated b. thr fact that
he Is already married, may appeal 20
the Individual sympathlcs Of the mem
bcrE Of the court, yet such conSiIera-
tons can have 40 weight in the admin
lstration OF abstract justice, according
TO the certain fixed rules governing
courts OF equity"