CHAPTER XXIV.

A LAW-SUIT (TO BE SKIPPED).

A young lover's first kiss, a young hunter's first deer, and a young

lawyer's first case, doubtless linger in their several memories, as

events of moment.

Bart had tried his first case before a justice of the peace, been

beaten, and was duly mortified. It is very likely he was on the wrong

side, but he did not think so; and if he had thought so, he would

not have been fully consoled. A poorer advocate than he could have

convinced himself that he was right, and fail, as he did, to convince

the court. It was a case of little importance to any but the parties.

To them, every case is of the gravest moment. He acquitted himself

creditably: showed that he understood the case, examined his

witnesses, and presented it clearly.

Others came to him, and he advised with caution and prudence; and as

Fall approached, he was in request in various small matters; men were

surprised at the modesty of his deportment, and the gentleness of his

speech. Instead of provoking his opponents, and answering back, as was

to be expected of him, he was conciliating and forbearing.

A case finally arose, of unusual importance in the domestic tribunals;

it attracted much attention, helped to bring him forward in a small

way, and gained him much reputation among some persons whose esteem

was enviable.

Old man Cole, "Old King Cole," as the boys derisively called him, an

inoffensive little man, with a weak, limp woman for a wife, and three

or four weaker and limper children, had for many years vegetated on

one corner of an hundred-and-sixty acres of woods, having made but

a small clearing, and managed in some unknown way to live on it. His

feeble condition exposed him to imposition, and he was the butt for

the unthinking, and victim of the unscrupulous and unruly. For some

years his land, a valuable tract, had been coveted by several greedy

men, and especially by one Sam Ward. Failing to induce Cole to sell

what right it was admitted he had, Ward, as was supposed, attempted

to intimidate, and finally to annoy Cole to such an extent, that for

peace and safety he would willingly part with his possession. He was

one of the earliest settlers, had become attached to his land, and

declined to be driven off.

A lawless set of young men and boys were Ward's agents, although his

connection with them was never made very apparent, and had committed

various depredations upon the old man; until one night they made a

raid upon his premises, cut down several fruit-trees, filled up his

spring, tore down his old barn, and committed various acts of trespass

of a grave character. It would seem as if some intelligence controlled

their movements; no act criminal by the statutes of Ohio had been

committed, and, so far as was suspected, none but those under age had

been concerned in the affair.

Poor old Cole, an object of derision, was barely within common

sympathy; and living remote, few knew of, and fewer cared for his

misfortunes. He applied for advice to Bart, who was indignant at the

recital, and entered upon an investigation of the outrage with great

energy. He was satisfied that the fathers of the trespassers could not

be held for their acts, that no breach of the criminal laws had been

committed; but that the boys themselves could be made liable in an

action, and that on failure to pay the judgment, they could themselves

be taken in execution and committed to jail. He at once commenced

a suit for the trespass before a magistrate, against all whom he

suspected.

The commencement of the suit caused greater excitement then the

perpetration of the outrage. Many of the young men belonged to

respectable families, while many were old offenders, who had been

permitted to escape for fear of provoking graver misdemeanors. It was

known that Bart had taken up the case, and there was a feeling that he

had at least the courage to encounter the dangerous wrath of the young

scamps; the only ground of apprehension was that he had mistaken the

law. The popular impression was that an action could not be maintained

against minors.

On the return-day of the summons Barton appeared, and demanded a jury,

then allowable, and the time for trial was fixed for the fifth day

afterwards.

In that day, with the exception of one or two small lawyers at

Chardon, and Ford at Burton, there were none within twenty-five

miles of Newbury, and the legal field was gleaned in the magistrates'

courts, as in all new countries, by pettifoggers, of whom nearly every

township was made luminous with one. Of these, the acknowledged head

was Brace. In ordinary life he was a very good sort of a man, not

without capacity, but conceited, obstinate, and opinionated; he never

had any law learning. In his career before justices of the peace, he

was bold, adroit, unscrupulous, coarse, browbeating, and sometimes

brutal; anything that occurred to his not uninventive mind, as likely

in any way to help him on or out, he resorted to without hesitation.

At this time he was in full career, and was constantly employed,

going into two or three counties, occasionally meeting members of the

profession, who held him in detestation, and whom he was as likely to

drive out of court as he was to be worsted by them.

He had been employed by the young scamps to defend them. He and Bart

had already met, and the latter was worsted in the case, and had

received from Brace the usual Billingsgate. He was on hand well

charged on the day for the appearance of the defendants, and was at no

pains to conceal the contempt he felt for his young opponent.

Bart said no more than the occasion demanded, and seemingly paid no

attention to Brace.

The magistrate, a man of plain, hard sense, adjourned the case to a

large school-house, and invited Judge Markham to sit in, and preside

at the trial, to which the Judge consented, which secured a decorous

and fair hearing.

On the day, parties, witnesses, court, jury, and counsel, were on

hand--a larger crowd than Newbury had seen for years. The case was

called and the jury sworn, when Brace arose, and with a loud nourish

demanded that the plaintiff be nonsuited, on the ground of the nonage

of the defendants, and concluded by expressing his surprise at the

ignorance of the plaintiff's counsel: everybody knew that a minor

could not be sued; he even went so far as to express his pity for

the plaintiff. Bart answered that it did not appear that any of the

defendants were under age. If they were infants, and wanted to escape

on the cry of baby, they must plead it, if their counsel knew what

that meant; so that the plaintiff might take issue upon it, and the

court be informed of the facts. The court held this to be the law, and

Brace filed his plea of infancy. Bart then read from the Ohio statutes

that when a minor was sued in an action of tort, as in this case, the

court should appoint a guardian _ad litem,_ and the _parol_ should not

_demur_; and he moved the court to appoint guardians _ad litem_, for

the defendants.

Brace's eyes sparkled; and springing to his feet, he thundered out:

"The parol shall not demur--the parol shall not demur. I have got this

simpleton where I wanted him! I didn't 'spose he was fool enough to

run into this trap; I set it on purpose for him: anybody else would

have seen it; anything will catch him. The case can go no farther;

the phrase, may it please the court, is Latin, and means that the

case shall be dismissed. The _parol_, the plaintiff shall not _demur_,

shall not have his suit. Why didn't Ford explain this matter to this

green bumpkin, and save his client the costs?"

Barton reminded the court that the statute made it the duty of the

court to appoint guardians _ad litem_, which was a declaration that

the case was to go on; if it was to stop, no guardians were needed.

Brace had said the terms were Latin; he presumed that his Latin

was like his law; he thought it was old law French. He produced a

law--dictionary, from which it appeared that the meaning was, the

case should not be delayed, till the defendants were of age. Guardians

should be appointed for them, and the case proceed, and so the court

ruled.

Bart went up immensely in popular estimation. Any man who knew a word

of Latin was a prodigy. Bart not only knew Latin, but the difference

between that and old law French. Who ever heard of that before? and

he had lived among them from babyhood, and they now looked upon him in

astonishment. "It does beat hell, amazingly!" said Uncle Josh, aside.

After brief consultation the court appointed the fathers of the

defendants their guardians, when Bart remarked that his learned and

very polite opponent having found nurses for his babies, he would

proceed with the case, and called his witnesses.

Against two or three of the ringleaders, the evidence was doubtful.

When Bart moved to discharge three of the younger of the defendants,

Brace opposed this. Bart asked him if he was there to oppose a

judgment in favor of his own clients? The court granted his motion;

when Bart put the young men on the stand as witnesses, and proved his

case conclusively against all the rest.

What wonderful strategy this all seemed to be to the gaping crowd; and

all in spite of Brace, whom they had supposed to be the most adroit

and skilful man in the world; and who, although he objected, and

blustered, and blowed, really appeared to be a man without resources

of any sort.

Barton rested his case.

Brace called his witnesses, made ready to meet a case not made by

the plaintiff, and Bart quietly dissmissed them one after the other

without a word. Then Ward, who had kept in the background, was called,

in the hope to save one of the defendants. Him Bart cross-examined,

and it was observed that after a question or two he arose and turned

upon him, and plied him with questions rapid and unexpected, until

he was embarrassed and confused. Brace, by objections and argument,

intended as instructions to the witness, only increased his

perplexity, and he finally sat down with the impression that he had

made a bad exhibition of himself, and had damaged the case.

It was now midnight, when the evidence was closed, and Barton proposed

to submit the case without argument. Brace objected. He wanted

to explain the case, and clear up the mistakes, and expose the

rascalities of the plaintiff's witnesses; and the trial was adjourned

until the next morning.

When the case was resumed the following day, Bart, in a clear, simple

way, stated his case, and the evidence in support of it, making two or

three playful allusions to his profound and accomplished opponent.

Brace followed on full preparation for the defence. Of course it was

obvious, even to him, that he was hopelessly beaten; and mortified and

enraged, he emptied all the vials of his wrath and vituperation upon

the head of Bart, his client and witnesses, and sat down, at the end

of an hour, exhausted.

When Bart arose to reply, he seemed to stand a foot taller than he

ever appeared before. Calmly and in a suppressed voice he restated

his case, and, with a few well--directed blows, demolished the legal

aspects of the defence. He then turned upon his opponent; no restraint

was on him now. He did not descend to his level, but cut and thrust

and flayed him from above. Even the Newbury mob could now see the

difference between wit and vulgarity, and were made to understand that

coarseness and abuse were not strength. His address to the court was

superb; and when he finally turned to the jury, with a touching sketch

of the helplessness of the plaintiff, and of the lawless violence

of the defendants, who had long been a nuisance, and had now become

dangerous to peace and good order, and submitted the case, the crowd

looked and heard with open-mouthed wonder. Had a little summer cloud

come down, with thunder, lightning and tempest, they would not have

been more amazed. When he ceased, a murmur, which ran into applause,

broke from the cool, acute, observing and thinking New Englanders and

their children, who were present.

Judge Markham promptly repressed the disorder, and in a few words gave

the case to the jury, who at once returned a verdict for the largest

amount within the court's jurisdiction; judgment was promptly

rendered, execution for the bodies of the defendants issued, and they

were arrested.

The excitement had now become intense. Here were half a score of young

men in the hands of the law, under orders to be committed to jail. No

one remembered such a case in Newbury. Breaches of the law, in that

usually orderly community, were unknown, until the acts which gave

rise to this suit, and some fainter demonstrations of the same

character. The poor youths and their friends gathered helpless and

anxious about Brace, who could suggest nothing. Finally, Barton came

forward, and offered to take the promissory notes of the parties and

their fathers, for the amount of the judgment and costs, and release

them from arrest, which offer they gladly accepted, with many thanks

to their prosecutor; and the blow which he thus dealt was the end of

disorder in Newbury.

For the time being Cole was left at peace, and enjoyed more

consideration than had ever been conceded to him before. He was

destined, however, not long after, to appear in the higher court,

to defend the doubtful title of his property, as will appear in the

progress of this narrative.

As a general rule, the people of new communities are more curious

and interested in law--suits, and trials, and lawyers, than in

almost anything else to which their attention can be called. Lawyers,

especially, are the objects of their admiration and astonishment.

Unaccustomed to mental labor, conscious of an inability to perform it,

and justly regarding it as holding the first place in human effort,

the power and skill to conduct and maintain a long-continued mental

conflict, to pursue and examine witnesses, answer questions as well as

ask them, make and meet objections, make impromptu speeches and argue

difficult propositions, and, finally, to deliver off-hand, an

address of hours in length, full of argument, illustration, sometimes

interspersed with humor, wit, and pathos, and sometimes really

eloquent, is by them always regarded, and not without reason, as a

marvel that cannot be witnessed without astonishment.

And here was this young Bart Ridgeley, who had been nowhere, had read

next to nothing, whom they had esteemed a lazy, shiftless fellow,

without capability for useful and thrifty pursuits, and who had in

their presence, for the last two days, taken up a hopeless case, and

conducted it against a man who, in their hearts, they had supposed was

more than a match for Joshua R. Giddings or Chief Justice Hitchcock,

beaten and baffled him, and finally thrashed him out of all semblance

of an advocate.

When the case was over, and he came out, how quickly they made way for

him, and eagerly closed in behind and followed him out, and looked,

and watched, and waited for a word or a look from him. "What did I

tell you?" "What do you say now?" "I allus knew it was in 'im." "He'll

do," etc., rained about him as he went into the open air.

Greer had attended the trial, and was one of the warmest admirers of

Bart's performance. Nobody knew much about this man, except that he

was often on hand, well dressed, drove good horses, was open, free and

pleasant, with plenty of leisure and money, always well received, and

often sought after. He had, at the first, taken a real liking to Bart;

and now, when the latter came out, he pleasantly approached him, and

offered to carry him home in his carriage, an offer the tired youth

was glad to accept.

On their way, he mentioned to Bart something about a very profitable

and pleasant business, conducted by a few high-minded and honorable

gentlemen, without noise or excitement, which consisted in the sale

of very valuable commodities. They employed agents--young, active, and

accomplished men, and on terms very remunerative, and he thought it

very likely that if Bart would enter their service, it could be made

much for his advantage to do so; he would call again after Bart had

thought it over.

His remarks made an impression on Bart's mind, and excited his

curiosity, and he remembered what Henry had said about Greer when at

home.

Judge Markham had been very much impressed by Bart's management of his

case; perhaps to say that he was very much astonished, would better

express its effect upon him. He had always given him credit for a

great deal of light, ready, dashing talent, but was wholly unprepared

for the exhibition of thought, reflection, and logical power which he

had witnessed; the young man's grave, cautious and dignified manner

won much upon him, and he was surprised when he reflected how slender

was the ground of his dislike, and how that dislike had somehow

disappeared. Then he recalled the favorable estimate which his wife

had always put upon the qualities of Bart, and that he had usually

found her opinions of persons accurate. The frank appeal of Bart to

him was manly, and almost called for some acknowledgment; and he felt

that the invisible barrier between them was unpleasant. After all, was

not this young man one of the few destined to distinction, and on all

accounts would it not be well to give him countenance? And in this the

Judge was not wholly politic. He felt that it would be a good thing to

do, to serve this struggling young man, and he came out of the crowded

room with the settled purpose of taking Bart home to his mother's, if

he would ride with him, let what would come of it. He would frankly

tell him what he thought of his conduct of his case, and at least open

the way to renewed intercourse.

He was detained for a moment, to answer questions, and got out just

in time to see Bart, apparently pleased, get into Greer's carriage and

ride away. The Judge looked thoughtful at this; and a close observer

would have noticed a serious change in the expression of his face.

Of course he was well and intimately known to all parties present,

and his frank and cordial manners left him always open to the first

approach. He listened to the comments upon the trial, which all turned

upon Bart's efforts, and the Judge could easily see that the young

advocate had at once become the popular idol. He was asked what he

thought of Bart's speech, and replied that one could hardly judge of

a single effort, but that the same speech in the higher courts would

undoubtedly have gained for its author much reputation, and that if

Bart kept on, and did himself justice, he was certainly destined to

high distinction. It was kind, judicious, and all that was deserved,

but it was not up to the popular estimate, and one remarked that "the

Judge never did like him"; another, "that the Judge was afraid that

Julia would take a liking to Bart, and he hoped she would"; and a

third, "that Bart was good enough for her, but he never did care for

girls, who were all after him."

How freely the speech of the common people runs!

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