The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1906-04-27

the nrSC ClHlC ever Saw COl.
John B. Sale, but who was then
called Judge Sale, was at the
1859 September Term Of the Cir
cult Court of Itawamba county,
He represented the plaintiff in
the case of DR.. Barnes VS.. Josh
ua Ward, a civil suit, wherein
Barnes was seeking to recover
for the value Of a negro man
slave by the name Of Nelse, who
had been shot and killed, and
Barnes claimed that Ward did
the killing. Itwas a famous tri-
al, the plaintiff being represen-
ted by Judge Sale. Col Beene and
probably Mayor Gather, and
the defendant by Bullard &
Kitchener and Houston & Rey-
nolds. There was pending against
Ward at the same time an indict-
ment charging him with the mur-
der of the same negro, and the
same counsel represented the re-
spective sides, Col. Beene being
then District Attorney. The ev-
| idence was altogether circum-
stancial, the only eye witness to
the transaction having left the
country soon after the killing
| took place. l was then young
man just beginning the prac-
tice of law, and | paid particular
attention to the trial, and was
very much charmed by Col. Sales
presentation of the case. Sale
was a tall man, about six feet
three inches, would suppose,
having a magnificent physique,
| weighing over two hundred lbs: 3,
head large and forehead promi.
nent, very dark complexioned. |
have seen only a few men SO
dark as he who were white men
| | remember a pun Duke Shelley
once got off on him that few men
would have risked, but Duke was
almost as deep brunette as Sale.
Sale was philosophizing on the
manner In which different fami-
lies acquired their names, con-
ten ling that the names came to
each family bv reason of their
calling or business; and Shelley
interposed with the suggestion
that some of his ancestors must
have been sold as the means by
which he acquired his name! Of
course it was a pleasantly, but
few men would have been will
ing to have made the remark,
Coming back to the trial OF the
celebrated case Of Barnes VS..
Ward. Sale made the last argu-
ment in the case for the plaintiff,
and | know that it impressed me
as a superb effort. know that
it was so convincing that it car
ried the Jury off their feet, so to
speak, and the plaintiff won all
he claimed, and the result was
very discouraging to the defend
ant and his lawyers in the Grim
inal prosecution for the murder
of the negro. But the amount
of evidence in the criminal case
necessary to convict being so
much more than that required in
the civil, the prosecution was
never pressed, but the case
was mol pressed, and no appeal
ever taken in the civil case, and
it was generally supposed that
there was a compromise to that
effect.
Col. Sale was a good student
and a very hard worker. He
prepared all his cases elaborately
and we'll. In fact, do not think
| | have ever known a lawyer who
did so much work on his cases as
he. He had a rather slow work
| ing mind, but every idea he took
| in was treasured up and laid
away on the proper shelf of his
memory ready for use at the
proper time, and when the prop
er time came, no man could use
his words more readily. | al
ways considered him the finest
practitioner of law of any man |
ever met. He had very fine
appear lnce, erect as a chieftan.
calm and unrufled amid the most
exciting conflict. and very i'm
pressive in his address to the ju-
nv or before the court. | was
more intimately associated with
Col. Sale than any lawyer who
did not live ia NV county, and
was frequently at his home IN
Aberdeen and associated with
him in his family, and my opin-
ion of him was SO high that ]
named one of my sons for him.
While Col. Sale was of a rather
sedate and kinder solemn turn,
he enjoyed a good joke ndegood
company as we'll as most men.
In his family he was kind, but
firm, believing in the doctrine,
Spare the rod and spoil the
child.
| He was willing to give every
man his true and proper military
rank or civil title, but if he was