The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1902-02-02
AN AMUSING DECISION.
West Virginia Jurist Delivered
One Devoid of Technicalities.
GEM FROM STATES HIGHEST COURT

Choice Extracts From judge Dents |
judicial Philosophy Rendered In n !
Case which Originated In thc
County Of Randolph aud Was In
stitutcd By n Daughter Against ucr
Father.
Judge Marmadukc II Dent has scnt
out from that august and sedatc body, |
the West Virginia supreme court Of
appeals at Charleston, a gem in the
way Of a decision wherein he departs |
from the additionally technical and
gives an exposition Of law so refresh
ingly simple and amusing that he who
runs may read and laugh, says n spe
cial dispatch from Wheeling TO the
New York World The decision has
caused mild sensation among the
lawyers aud has brought the judge SO
prominently before the people as al
| turst that. although he Is the only
Democrat on the supreme bench, heI
has been elected president by his Re.
| punncun tollcuEutss
The case In point originated in Ran.
dolph county. Eli Moore made an as
| slgnmcnt fer his creditors, but hoped
TO reserve something from the wreck.
Accordingly he got his fathcr-in-law,
the Rev. Anthony Mustoc, to invest
| this secret reservation in lands for his
daughter Clara, wife of the assignee
But the reverend sire neatly bought
the land at a low figure and kept it,
His daughter brought suit in the cir
cult court and lost, She appealed to
the supreme court and won, the lower
court being reversed. Here are some
bits from Judge Dents judicial philos
ophy:
"This is a suit from the peaceful
shades Of Randolph county instituted
by Clara, intermarried with Eli Moore
of Montrosc, against her pa, the Rev.
Anthony Mustoc of Brietz near the
happy land of Canaan, the neighboring
county of Tucker.
ELI entered the contest badly dis.
figured The backbone of his evidence
had been broken by the obstruction put
I'm its way in the execution of the deed
of trust and note under seal-solemn
acts which cannot be easily explained
away and by which he is estoppcd from
telling the truth. and not a great hard
ship on Ell. In addition, n number OF
his neighbors. notably among them two
of his brothers-in-law, pas sons, who
are in position 10 know, say his repu
tation for truth and veracity is moi
the best, and they do not hesitate to de
clare that they would not believe hin
under oath.
"The evidence tends TO show thai
while Pa Mustoc does n little preaching
trying TO gather the lost sheep into the
fold, and has one eye on the pearly
! gates. where the wicked cease from
troubling and the weary are at rest, he
keeps the other to windward in an en-
deavor to make friends with the nam
mon of unrighteousness. While trying
to serve two masters, he gives bis pres
cnt allegiance TO the one he can see
taste, hear feel and smell and put
the other OFF with little preaching anC
the promise of more convenient sea
son.
"He makes a big effort to outswea
several other witnesses. His attain
ments in this direction will hardly vii
! him a crown when he presents his ere
dentials at the golden gate of the New
Jerusalem. The good book saith ther
is place without for whosoever lovetI
and maketh a lie and they shall In no
wise enter therein.
Therefore the money that Ell sue
: ceeded in blutfing his creditors out o
must remain the money of his trustee
father-in-law. He justly Furnishes El
by keeping II. The fowler is caught II
his own snare.
"With Clara 1t is somewhat different
She must suffer for the company sh'
keeps. yet the sins OF both father an'
husband should not be imputed TO her
Woman has always been a favorlt
with equity, and It always throws III
willing arms around her to protect he
from the importantly and duress Of he
impecunious husbands.
. "If pa is to continue preaching-ant
Il Is to be hoped. for from the conduc
of this suit and the testimony Of tn
witnesses Eli is not the only one II
need thereof-he should cultivate
n greater regard for the truth and try &
overcome his lust for the feshpots o
Egypt.
'As to this one-half acre lot, pa mus
be held TO be the holder OF the lega
title in trust for Clara. The deere
complained of must therefore be re
versed, and this cause is remanded I
& the circuit court, with directions TO Sc
cure Clara, the wife of Eli. the legp
title to the one-half acre tract, retain
: ing thereon lien for any unpaid pun
. chase money, If her pa eXacts It, sui
ject to the credit of $9710. with inter
= est 10 the costs Of this suit and an
other just demand she may show hel
coli IaI 10 IA, N,I