Omaha daily bee., 1897-01-17

Court Ruled Against the Reliability
of Its Own Testimony.


The late Allen G. Thurman used to tell
many an amusing story of his early practice,
relates the Legal News. He went every
where he was called, and tried every CAGE
that was presented to him. He related an
ancedote of one case which was pending be
fore a 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 delendant-that he
would be beaten.
"All we can do" said Thurman, "is to
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 Wen 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"
ION 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 wss 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
another, as they testified, ii was plain and
clear that they knew nothing of the merits
CT the controversy. The plaintiffs testimony
in no sense established the case, and the old
had no lawyer, and the Dutch justice con-
Quoted that side of the case pretty much
himself But ask what question he might
of the plaintiff and his witnesses, he cOudn
bring out the testimony necessary to found
the case. After the plaintiffs testimony was
practically all in the old Dutch justice
looked at me and remarked, as if experiment
ing to see If would make any objections:
While it Is unusual for a goart to give
Testimony in a case vich pends before 1t,
| knows a good deal about this controversy
myseluf If dere is no objection by the de-
fendant, l will swear myseluf and gife my
evidence
Il 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 hoarsc command, he administered
, the usual oath to tell tha 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 justice was
glbly giving his evidence a farmer who
stood just behind my chair whispered to
me:
"'Just hear that old rascal lie, and the
beauty OF 1T all Is there isn't man In the
room who'd believe him under oath.'
This gave me an idea, and | thought
might as well have a little fun out OF the sit
uation while drifting to a judgment against
my client. | asked the farmer In a whisper II
he were willing TO take the stand and testify
that the old Dutch Justices reputation for
| truth and yeracity was bad. lie said that
he would, and that dozen more In the room
would be perfectly willing 20 do the same.
ITO make II short, got half dozen wit
nesses who believed as did my farmer friend
that truth had long departed the old Dutch
mans mouth as a dwelling place, and when
that parsonage had completed his testimony
| | started to put them on the stand.
"I won't interpose any regular defense,
your honor | said but have several wit
nesses here to the character OF one OF the
men who gave evidence for the plaintiff.
:" Ferry yell remarked his honor, pro
duce your Witnesses
"One after the other six gentlemen whose
| names | called arose and were swOrL One
| after the other they got up on the stand and