The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1905-07-27
AH AHMsTo MaR.
ASIsR HAHZES 6AI/N.

, hens were at frst on the land Of
Widow Peabody. they had flown over
the fence. and were. as matter of
fact. on the land OF the plaintiff. when
one OF them was pursued and killed BY
the defendants dog.
Martindals felt his heart sink within
him. IL was not only evident that hs
had been sworn out OF court. ou.
he felt q sickening sense that he must
nj the same time lose suit OF FAR more
importance than that he was osten-
sibly defending.
The squire knew his advantage. and
10 do him justice. he made the most oi
it. In a straightforward. forcible man.
ner he showed that he had made Out
his case. and asked that the damages
prayed for be awarded.
The one foible OF the court was not
unknown 10 Martinda.e. IL he only
bad one OF the revered authorities
at hand all might yet so well But
where was such a treasure to be found
In q barren country school house?
These doubts and fears were stu
chasing each other through his mind,
when just as the squire was sitting
down hts eyes fell upon n battered
copy Of Caesar some schoolboy had
left behind
II was a bold expedient. but the prize
was great and he felt sure that ne
could rely upon the ignorance OF all
the parties at interest.
lie opened the volume very deliberately
and turned TO the beginning OF the frsi
book
May II please the court" he said. II
have listened with interest and admira-
ton to the argument OF the plaintiff. I
must say that I'm conducting his own
cause he has negatived the proverb ira
ditionaliy applied Ia similar instances. In
deed. his reasoning has been 80 clear and
cogent that / should have nothing TO cay
but for one fact: he has mistaken the
fundamental principle OF the law. i
need not remind this honorable court that
however conclusive may appear the ar
guments drawn from the polluted wells
OF modern learning. We who truly VEN
crate the law must admit the superior ex-
cellencc OF the original fountains"
The Justice took his pipe from his mouth
and concentrated upon the young attor-
ney n look which Indicated that he had
found a man after his own heart.
I'VE must 70 back, your honor. TO the
approved authorities. Fortunately hold
On my hand work which has been con-
secrated by the ages. IL is taught today
Il has been taught for centurics-in the
schools from which come the future lights
OF the law. i am sure that 1 need do no
more than suggest TO your honor that I
hold In my hands the immortal Common
taries.'"
A happy smile began 90 spread itself
until Justice Grcenfenncis countcnance.
like the we'll OF the tabernacle was rent
IN twain. Had there ever been but one
set OF commentaries In the history OF the
world,
Since the point at issue II 80 directly.
so happily. I may well say NO rnassail-
ably. decided. ! shall content myself with
reading the time honored apothegm IT.
self:
"Gaiiia est
while Gallia. as your honor well knows.
strictly interpreted. means a hen. take
IL for granted that the term includes
Guinea hens"
Justice Gr~enfcnnei nodded his approval
"Gailia est omnis dvisa In parties tres.
II need not even add:
"Quarum imam incolunt BelEne"
MartindaIe sat down. Every eye IN the
room had been turned upon him I'm adj
mlration. The proposition TO which they
had listened with absolute awe warmed
the very cookies OF Justice Greenfenners
heart
He adjusted his spectacies. resumed his
pipe waited "A space for the unJudicial
smile 10 fade away. aud said:
Squire. I'm sorry TO have to say H..
Even a Guinea hen Is entitled TO the pro-
lection OF this court. But In this special
case the weight OF authority Is against
YOU We must bow to the authorities,
squire"
The court adjourned.
Martindale left the magistcrial pres
ence with the speed OF a happy man who
realized that he had pleaded one cause
and won two suits.