Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1902-01-31
AN UNIQUE DECISION.
THERE MAY BE MUCH HUMOR
IN A GRAVE SUBJECT.

Judge Dent. Of West Virginia. Delivers De-
cision That is Devoid Of Technicalities, But
is Full Of Suggestions and Sound ConcIu.
siOns.
Judge Marin ,duke H. Dent has sent
out from that august and se1ate body,
the West Virginia Supreme Court OF
Appeals, at Charleston, gem in the
way of decision wherein he departs
from the additionally technical and
gives an exposition of law 50 refresh
ingly simple and amusing that he who
runs may read and laugh. The decis-
ion has caused mild sensation among
the lawyers, and has brought the
judge so prominently before the people
as a jurist that, although he is the
only Democrat on the Supreme bench,
he has been elected president by his
republican colleagues.
The case in point originated in Ran
dolph county. Eli Moore made an
assignment for his creditors, but hoped
to reserve something from the wreck.
Accordingly he got his father.in-law,
the Rev. Anthony Mustoe, to invest
this secret reservation in lands for his
daughter Clara, wife OF the assignee.
But the reverend sire neatly neatly
bought the land at a low figure and
kept it. His daughter brought suit in
the Circuit Court and lost. She ap-
pealed to the Supreme Court and won,
the lower court being reversed. Here
are some bits from Judge Dents judi
cial philosophy:
"This is a suit from the peaceful
shades of Randolph County instituted
by Clara, intermarried with Eli Moore,
OF Montrose, against her pa, the Rev.
Anthony Mustoe, of BRENT, near the
happy land of Canaan, the neighbor.
ing county OF Tucker.
eli entered the contest badly dis
figured. The backbone of his evidence
had been broken by the obstruction
put in its way in the execution of the
deed of trust and note under seal SOL
emn acts which cannot be easily ex-
planned away. and by which he is es-
topped from telling the truth-and
not great hardship on Eli. In addi.
tion, number of his neighbors, nota.
bly, among them two of his brothers
in-law, pas sons, who are in position
to know, say his reputation for truth
and yeracity is not the best, and they
do not hesitate to declare that they
would not believe him under oath.
"The evidence tends to show that
while Pa MustOe does q little preach.
ing, trying to gather the lost sheep
into the fold. and las 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 endeaver to make friends with
the mammon OF unrighteousness.
While trying to serve two masters, he
gives his present allegiance to the own
he can sec, taste, hear, feel and smell,
and puts the other off with a little
preaching and the promise of a more
convenient season.
"He makes big effort to outsewear
several other witnesses. His attain
ments in this direction will hardly win
him crown when he presents his ere.
dentials at the golden gate of the New
Jerusalem. The Good Book sayeth
there is place without for whosoever
loveth and maketh . lie, and they
shall in no wise enter therein.
Therefore. the money that Eli sue.
ceeded in blufing his creditors out OF
must remain the money of his trusted
father-in-law. He justly Furnishes Eli
by keeping it. The fowler is caught
in his own snare.
"With Clara it is somewhat differ
ent. She must suffer for the company
she keeps, yet the sins of both father
and husband should not be imputed
to her. Woman has always been a
favorite with equity, and it always
throws its willing arms around her to
protect her from the importantly and
duress Of her impecunious husbands.
eff Pa is to continue preaching
and it is to be hoped, for from the
conduct of this suit and the testimony
of the witnesses Eli is not the only
one in need thereof-he should culti-
vate a greater regard for the truth and
try to overcome his lust for the flesh
pots OF Egypt.
Gas to this one-half acre lot pa
must be held to be the holder OF the
legal title in trust for Clara. The de-
cree complained of must therefore be
reversed, and this cause is remanded
to the Circuit Court with directions to
secure Clara, the wife of Eli, the legal
title to the one.half acre tract, retain
ing thereon lien for any unpaid pur-
chase money, il her pa exacts it, SUBJ
iect to the credit of 1910, with inter-
est to the costs OF this suit, and any
other just demand she may show her.
self entitled to, except the bluff
money, which if not really belonging
to pa, coming from a corrupt source,
would pollute her otherwise chaste
home"
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