The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1905-07-27
Ag AEMsTo GGaR.
SIRA AllES 64I/JE.

, hens were at frst on the land OF
Widow Peabody, they had flown over
the fence, and were, as a matter OF
fact. on the land OF the plaintiff: when
one OF them was pursued and killed By
the defendants dog.
Martindai. felt his heart sink within
him. IL was not only evident that ne
| had been sworn out or court. buv
he felt . sickcning sense that he must
At the same time lose suit of far more
Importance than that he was osten-
sibly defending.
The squire knew his advantage. and,
Ia do him justice. he made the most OF
&c. In a straightforward. forcibie man
ner he showed that he had made out
his case. and asked that ths damages
prayed for be awarded.
The one foible OF the court was not
unknown to Martindals. IL he only
had one OF the revered authorities"
Mt hand all might yet go well. But
| where was such n treasure to be found
In barren country school house? :.
These doubts and fears were still
chasing each other through his mind.
down his eyes fell upon battered
copy OF Caesar some schoolboy had
left behind.
II was a bold expedicnt. but the prize
was great aud he felt sure that he
could rely upon the Ignorance OF NIL
the parties at interest.
lie opened the volume very deliberately
and turned TO the beginning Of the frst
book
May IL please the court" he said. II
have listened with interest and admira-
ton TO the argument OF the plaintiff. 4
must say that In conducting his own
cause he has negativcd the proVerb ira
dltionaliy applied in similar instances. In
deed. his reasoning has been 30 clear and
,t..s N ah han tn m ~
but for one fact: he has mistaken tho
fundamental principle OF the law.
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-
cellence OF the original fountains"
Tho justice took his pipe from his mouth
and concentrated upon the young attor-
ney a look which Indicated that he had
found a man after his own heart.
we must 70 back. your honor. 20 the
approved authorities. Fortunately hold
IA my hand n work which has been con-
secrated by the ages. IL IL taught today
Il has been taught for ccnturics-in the
schools from which come the future lights
OF the law. / am sure that 1 need do no
more than suggest TO your honor that
hold In my hands the immortal 'Commen-
tarics."
A happy smile began TO spread itself
until Justice Grcenfenncrs countcnance.
like the veil OF the tabernacle. was rent
In twain. Had there ever been but ono
set OF commentaries In the history Of the
world.
Since tho point nj issue Is so directly.
30 happily. I may well say 40 unassaii-
ably, decided. I shall content myself with
reading the time honoted apothcgm 1t
self
"GaIlia est
while Galiia as your honor well knows,
strictly interpreted. means hen. l take
IL for granted that the term includes
Guinea hens"
Justice Greenfcnnei nodded his approval.
''Gallia est omnis dvisa In parties tres.
ii need not even add:
"Quarum imam Incolunt Bclgne."
Martindale sat down. Every eye Ia the
room had been turned upon him In adj
mlration. The proposition to which they
had listened with absolute awe warmed
the very cookies OF Justice Greenfenners
heart
lie adjusted his spectaclcs. resumed his
pipe. waited IA space for tho unJudicial
smile 10 fade away. and said:
Squire. I'm sorry TO have TO say IL.
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 IL the authorities,
squire"
The court adjourned.
Martlndale left the magistcrial pres
ence with the speed OF happy man who
realized that he had pleaded one cause
and won two suits.