Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-09-21
Che Courts
....xndecision
fOriginai.1


Mr.. Mcrrimnn called and sent up his
card Miss Lee came down with hat
and gloves on.
II have come" he said, ito spenk
about the matter Of which
II believe TINT matter was settled"
she replied. "by my handing down an
adverse decision"
"From which propose to appeal"
II assure you, 80 far as this case is
concerned. l am the court OF Inst re-.
sort. There can be no appeal from my
decision"
I'm that case beg leave to file Pc
tition for rchearing."
Such petitions are a mere formality
and usually denied"
"f3ut am sure the court in this case
will grant the petition"
ION the contrary. the court denies II
without argument"
But you have not yet heard the
grounds on which I make it,"
"What are they?"
'My proposal was made in writing.
and I contend that a case OF this sort
cannot be properly presented by briefs.
but needs oral arguments, The omis-
sion OF these arguments should be held
to be nm error"
Miss lee scratched her temple with
her gloved finger. She had spent much
thought upon her decision and consid
cred her finding to be strictly in nc.
cordance with the law. But here was
new view OF the case.
Il Will take the case under advise
ment," she said. land hand down my
answer tomorrow evening"
The next evening Mr.. Merriman
called and got his answer.
your petition for n rehearing" she
said. Il am loath to grant, having be-
fore handing down my decision con-
sidered the case In oil its bearings and
having spent hours Of indecision which
l do not wish to endure again. But ]
am convinced that good practice would
entitle you to rehearing. l therefore
am compelled to reopen the case and
listen to your oral arguments. But
make a counter appeal to you as a
man not to subject me to the pain of
again deciding adversely"
You admit them
"Your expectation Is that shall
forego the pleasure Of strenuous life
Mt the bar to embrace one for which !
have no taste. in the nursery
II object"
''On what grounds7"
1.-THE case being reopened, It is who
am to he heard, not the court"
Proceed"
Marriage is made up Of three parts
husband, wife aud children"
'1n reverse ORDER
1.-THE point Is not essential to this
case. The husbands duties are to
provide No man does his part in the
aforesaid matrimonial copartnershp
(see Contracts. volume 2. page 475, un-
less lie is n good provider. No woman
does her part unless she takes care Of
the home and attends 10 the education
Of the children. Said children have no
responsibilities In the cOpartnership said
responsibilities in their case coming
when they are old enough to marry and
have children Of their own. Now, In
the case OF Lee versus Johnston
II care nothing about that case My
brother was very unreasonable, and
Bessie Johnston was little more than
wax doll"
Nevertheless the court held in that
case that so long as the party Of the
second part proposed to delay marriage
for three years in order to circumnavi-
gate the globe the party Of the first
part (her favorite brother was very
badly treated"
ANY evidence on that point would
be ruled out as not pertinent in this
case. Therefore there Is no necessity
for denial or affirmation"
ITO sum up. the plaintiff in this
case makes fair proposition to the
defendant. In which he pledges himself
to love, honor and cherish IN good for
tune and adversely. to be at once friend
and lover. All he asks Of the defend
ant Is that she will not deprive her
family Of her care by entering n pro-
fession for which admit she is far
better adapted than the plaintiff both
by the vigOr OF her brain and the bril-.
liancy of her talents"
He paused. Miss Lee sat plucking
the petals from n chrysnnthemum she
wore Mt her glrdie II was evident she
had been much impressed with his mr.
guments. but he felt that en- immediate
verbal decision would be moro likely to
be In his favor than written one do
livercd after consideration. Hesat down
beside her and laid his hand on hers.
"Fnr be it from me-" he said. ito Mt.
tempt TO influence the court to my side
by any undetermined means"
I'm this case the means ore over.
handed"
Il swear
I'm modern practice witnesses do not
kiss the book
THAT II you grant my suit WILL
III You propose to take the court into
custody It 10 not necessary to put your
arm round the waist. A grip on tho
bracelet would sufiicc"
II rest my case DO not send me
away In an uncertainty. Tell me now
that you accept my love. that you will
BE- my wife. that I may work for you.
slave for you II necessary, and that
you will live for me alone"
THE court finds for the plaintiff"
shc whispered. r.. A. MITCHELL.