The citizen. (Frederick City, Md.) 1895-1923, 1899-07-28
NO ENGLISH LAW.
AN IOWA JUDGE WHO WOULD HAVE
NONE OF 1T IN HIS COURT.


time ago got into a conversation with
a well-known law yer, and remarked
that the death Of Sir Joseph Gritty
had removed the OF prominent lawyer
who would have b cen anything like a
match for anyone in the arts of chaff
and word fencing. The General seemed
surprised that lswyer named Chitty
had been alive witt in the present year.
why, bless my s1ul," he said, near
ly half century q 90 when | began to
study law, used to tear my hair over
one Gritty, whose book on pleadings
was as hard as nails and over another
book written by man of the same
name on contracts,
l told him that fer five or six gener-
ations there had always been some man
named Chitiy in the front rank of the
legal profession.
After few other "reminiscences the
Iowa lawyer turned to ME and said:
Let me tell you what | remember
about Chitty, and | have never been
in England Like most young men of
my time in Iowa-abOut The middle of
the century, had to hustle to get a
profession, and when l got it the diff
Guilty was to make anything out Of it.
| hung out my shingle, and for many
weary month wa.ched it rusting and
swinging in the breeze.
Suddenly came the call to action. A
neighbOring FARM bought a horse
that soon manifesto all the defects
that such animals arc capable Of pos
sessing. The farmer came to me as a
client and told me he wanted to get
his money back and to return the
horse. | went into the facts with him,
and from what he told me I felt able
to advise him that the seller had given
him verbal guarantee of soundness.
This was enough. lie told me to pro-
coed with the case.
THE trial was to take place before a
Justice Of the Pesee in an adjacent
township. SO on TIE day appointed 1
borrowed a horse, -dt on black coat
and a plug hat, nd with a copy of
Chitty-the only law book l possess
ed bearing on thf case however re-
moteiy-in my saGlle-bag, | went on
my way. In those days we took our
law wherever we could End it. and
law books were scarce. After my state
ment Of the facts ] produced my Chit
ty and read what the great LEGAL light
had to say on the subject Of a verbal
guarantee.
And then, while working up to my
perioratiOn,' clgsod the book and laid
it on the table Tie opposing counsel
who, by the way. was a local rousla-
bout that had never been admitted to
the Bar-took up The book and open
ed it at the title page He read it care
fully, his bleary eyes following slowly
his dirty thumb. He looked up at me
with a scowl threw a fierce glance
around the room, and then fixed his
eyes on the Judge.
''When I was through. quite salts
fed that the Judge had been impress
ed by my argument and authorities.
Jim Burton-that was the other fell
lows name-bounced to his legs. Yer
honor he said. this is most extraor-
nary way for a lawyer to defend his
cause in YOUR court. / hold in my hand
the authority from which so much has
been quoted. You may like to hear
something about this wonderful au-
thority law. Here it is, right on the
first page. This old book, with the
broken back to indicate the rottenness
of the law it preteads to eXpound. was
written, 1t seems by a man named
Joseph Chitty, Esq barrister-at-law,
of LincOln's Inn London, ENGLAND.
Your honor never heard of Joseph
Chitty, Esq. no mOre'n | did. | bet.
No man in this court ever heard tell
Of him. Nobody in this township
knows who he is or was Barrister-
at-law!
Whats that? In the name of all
that's holy! We've heerd of attorney,
and solicitor, counsel, advocate. Judge,
jury and prisoner at the bar but who
ever heerd tell of harrister before this?
The only fair presumption, yer Honor,
is that It's some scallywag that was
brought up to the bar to have a drink
the whiskey bar-an' they call such
fellows in England barristers! An We
see such presumption must be right
because the writer-who, for all we
know, may be nCthin' more than a
plaguerist-lives in an inn, common,
low dive of place, tavern. a third
rate hotel, as yer Honor knows such
places are called in England.
eyer Honor, are we here in Iowa to
take our law from some travelin' cir
Gus man that was brought up to the
whisky bar an lives in one of them
dens of infamy, that the Britishers call
an inn? Yer Honor, l want to ask the
Court if the law made here in the
United States of America isn't good
enough for us? When we have to decide
on the merits of horse, owned by a
reputable farmer in the State of Iowa,
must we go for instructions to one of
them bloody, brutal Britishers that we
kicked out of this country so many
years ago? Yer Honor will, of course,
dismiss this case, an send my friend
with the plug hat back to his home
with "A flea in his ear, an broken
backed Chitty, ESQ, of the London tav-
ern TO keep him company.
This was said with fury that
reused the angry passions of the Court
and court room. The case is dismiss
ed, said the Judge: we don't want no
British law from the jewellers in Lon
don taverns in this court. You're right.
Jim Burton. The Court is with you
Leaving the room, had a talk with
my client. and told him that of course
we would take an appeal. YOUNG
man. he said. is that straight what
Jim Burton says? Was that ID
book of yours writ by an Englishman?
replied that Chitty was the greatest
living authority ca the law of con.
tracts.
"He looked at me viciously as he
chewed his tobacco and said with infin.
lite scorn: Young man. with the plus
hat, go home. Have no more to dc
with my business I'll get some fell
lows in future that knows the law O
this Congressional Deestrict You an
your British law be blanked!'