Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1902-01-25
AN AMUSING DECISION.
West Virginia Jurist Delivered
One Devoid of Technicaiities.
GEM FROM STATES HIGHEST COURT
Choice Extracts From Judge Dents
judicial Philosophy Rendered In "a
Case which Originated In the
County of Randolph and Was In
Father.

County of Randolph and Was In
ssitnted by n 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. gem in the
way of a decision wherein he departs
from the additionally technical and
gives an exposition of law so refresh
fngly simple and amusing that he who
runs may read and laugh. says 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
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.
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 suit from the peaceful
shades of Randolph county instituted
by Clara interlnarried with Eli Moore
of Montrose. against her pa, the Rev.
Anthony MGstoe 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
fin its way in the execution of the deed
of trust and note under seal-solemn /
acts which cannot be easily explained I
away and by which he is estopped from
telling the truth. and not a great hard I
ship on Eli. In addition. number of
his neighbors. notably among them two
of his brothers in-law. pas sons. who
tatior for truth and veracity 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 little preaching /
trying TO gather the lost sheep into the |
fold, and has one eye on the pearly /
gates. where the wicked cease from |
frnnhIips, nh no At he !
keeps the other to windward in an en-
deavor to make friends with the mann
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 big effort to outswear
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 saith there
As a place without for whosoever loveth
and maketh lie and they shall in no
wise enter therein.
Therefore the money that Eli sue
StSbto III Ills oht VI
must remain the money of his trusted
father-in-law. He justly Furnishes Eli
by keeping il. 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
IA - al
willing arms around her to protect her
from the importantly and duress of her
tmpecunious husbands.
IF pa is to continue preaching-and
1t 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 to
overcome his lust for the tieshpots OF
Egypt
LAS 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-
verseo.. anu TINS cause IS remanded 10
the circuit court. with directions to Sc
cure Clara. the wife of Eli. the legal
title to the one-half acre tract. retain
fng thereon a lien for any unpaid pur-
chase money. IL her pa exacts il. sub
oect to the credit Of $9T.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
<y. which IL not really belonging to pa.
coming from a corrupt source. would
poliute her otherwise chaste home
Wants 100000 TO Fight Mosquitoes.
Professor j. h. Smith. state entomol-