The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1903-07-08

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In chanccry practice there are
three steps admissible viz: bill.
answer and replication. either gener-
al or special. In practice along
three to wit: declaration, demurrer
and pleas, the plaintiff having the
right 10 allege aud declare; the de-
PENDANT TO answer and deny, but the
replication and pleas cannot allege
any new matter. A. this sage the
issue is made, and they must go to
the country (Jury), or court Of
chancery, upon evidence. or proof.
Assuming, for sake of argument,
that the undersigned was plaintiff,
the defendants right was TO move to
dismiss, and il motion we're over
ruled, answer, but after replication,
be prevented from further answer
ing and assigning new matter. Every
good lawyer first learns this, some
never do, and the court 10 compell-
ed to teach them.
In an argument, out side of court
between members of the Bar Asso-
citation, as J presume all local law
yers are members Of the County
Bar Association, unless dropped for
good cause with notice, there APP
pears no rules, or courtesy, and the
public is the sole Judges Of the law
and evidence, said evidence, or testi-
mony, being procured without no.
tice, and introduced without any OPP
portunity for objection, or permits
sion from the tribunal before whom
it is being heard, or tried.
As new untrue, and personal
matter has been presented after the
issue had been fairly met thereby
placing at disadvantage the plead
err, 1t becomes necessary for me to
recall my promise. and simply meet
the new matter, which | trust you
will deem due me. i shall endeavor
to analize this new matter from q
legal stand point, keeping aloaf from
personal insinuations, leaving the
adjustment OF personal nature for
future consideration and disposition
which insist Is not only my duty,
but my privilege.
shall be as brief as possible and
as logical as required.
LIST. If more than one were re-
sponsible for the effort, why was the
pronoHn "he' and "him," and noun
party used in the singular number.
2nd. III promised Hatfield TO
erect the steps, at the time he pur-
chased, long prior to date OF lease,
the idea of the steps was existing
long before the great II Am" awoke
to the realization that he was a
product of Nature, destined to occu
py the "mis-iit" department. Surely
IL promised Hatfield the steps long
before the lease, hey must have been
conceived, and the writer Of the
article signed "Citizen,' must have
been mistaken when he imagined he
had conceived the steps.
l have heard of persons having
wheels" but not steps. But we
cannot tell what some people will
have, until tried.
3rd. If he enjoyed the "conti
dence" of my father, which very
seriously doubt, the law forbidding
one to testify against one deceased
why did he violate that trust, and
for money, bring the suit to renowned
his will?
4th. Ii he be such successful
barrister, why were other counsel
employed in his stead9
9TH. II my father had no conf
dence in me, why did be leave three
fourths of his estate to my children
and me, one moiety to them and one
to me?
9th Is it not strange he remem-
bered me, at all, surrounded in lis
illness and old age by such an enemy
of mine, F. S. Glasscock?
The truth is my father was too
able lawyer TO place confidence in
such as he.
Father had great respect for his
partner or Glasscock would never
! uaNC Dccu III tuC hOu5C
7th. 1t requested him to pro-
cure lease, why did he come to my
house insisting on my taking the
lease?
Sth. If he took it for me, why
does be retain it, unless it Is in
escrow, as it was not in duplicate?
If there are any of the conditions
of the lease with which l have not
complied. 1T must lie the cutting of
the filth as 1 have the receipts for
the rental, and l have twice sent a
man To 'cut the filth" but | was in
formed there was none to cut. The
other day l saw something on the
ground that should be cut and
will have it done as soon as l can
find man to do it, because the
seed may scatter. to the injury OF
the county.
9th. Why did be come back to
me, placing the county in Jeopardy,
if he were doubtful of my "compe
tency?" Was he not looking to his
own interests, and ignoring the
county's?
10th Did he not know that, at
that time my sight had almost failed
and that had to retire temporarily
from all labor, professional or manu-
al, under the direction of an eye
specialist, Dr.. Lippincott of Pitts
burg2
Thanks to him my eyes are CON-
pletely restored, and as soon as fin
ish my improvements, will give
him an opportunity to learn how to
practice law legitimitly.
My clients did not leave me, l had
to send them 10 other lawyers. He
is7enjoying clientage | sent to his
par ner
1lth. What would he do if it
were not for the ability of his reput-
able partner?
| = 18th. Why did he become part
ner? Every one knows there was a
time when democratic lawyer had
a poor show here. and it was policy to
acquire political as we'll as judicial
prestige.
was not the only lawyer WHO had
10 fight for just consideration, and
| rften fail then to receivcit. l know
two Others. able lawyers, and repub.
licans. Sho had to bear the flesh and
receive the spear He knows why
b. has made some money, and under
whose wing he has been housed
Thank Goo that time has passed
land a new era has dawned, and under
its benign influence and protection,