Barre evening telegram. (Barre, Vt.) 1898-19??, 1902-02-08

Choice Extracts FROM Ju0&e Dentb
Judicial Philosophy Rendered In q
Case which Originated In the
County Of Randolph and Was In
stituted by a Daughter Against Her
Father.
Judge Marmaduke II. Dent has sent
out from that august and sedate body,
the West Virginia supreme court Of
appeals at Charleston, a gem in the
way of 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 a spe
cial dispatch from Wheeling to the
New York World. The decision has
caused a mild sensation among the
lawyers and has brought the Judge SO
prominently before the people as 2
jurist that. although he is the only
Democrat on the supreme bench, he
has been elected president by his Re-
publican colleagues.
The case in point originated in Ran
dolph county. Eli Moore made an as
signment 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 bought
the land at 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 Montrose. against her pa, the Rev.
Anthony Mustoe 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
in it's 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 estopped from
telling the truth, and not great hard.
ship on Eli. In addition, number of
his neighbors, notably them two
of his brothers-in-law pas sons, who
are in a position to know say his repu-
tatioh for truth and veracitJ is not
the best, and they do not hesitate to de-
clare that they would not believe him
under oath.
1.-The evidence tends to show that
while Pa Mustoe does a little preaching.
trying to gather the lost sheep into the
fold, and has one eye on the pearly
gates, where the wicked cease from
keeps the other to windward in an en-
deavor to make friends with the man.
mon of unrighteousness. While trying
to serve two masters, he gives his pres
ent allegiance to the one he can see.
taste, hear, feel and smell and puts
the other off with little preaching and
the promise of more convenient sea-
son.
lie makes a big effort to outswear
several other witnesses. His attain
ments in this direction will hardly win
him a crown when he presents his Gre
fentials at the golden gate Of the New
Jerusalem. The good book saith there
is place without for whatsoever loveth
and maketh lie and they shall in no.
wise enter therein.
"Therefore the money that Eli sue
ceeded in bIuffing his creditors out Of
must remain the money of his trusted
He justly Furnishes Eli
by keeping 1t. The fowler is caught in
his own snare
with Clara it is somewhat different.
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 favorite
with equity, and it always throws its
willing arms around her to protect her
from the Importantly and duress of her
husbands.
"lf 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 cultivate
greater regard for the truth and try 10
overcome his lust for the feshpots 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 decree
complained of must therefore be re-
versed. and this cause is remanded to
the circuit court. with directions to So
cure Clara. the wife of Eli. the legal
title to the onehalf acre tract, retain
ing thereon lien for any unpaid pur.
chase money. II her pa eXacts it. sub
iect to the credit of $91.10. with inter
est to the costs of this suit and any
other just demand she may show her.
self entitled to. except the bluff mon
ey, which if not really belonging to pa,
coming from corrupt source. would