CHAPTER II
Lawsuit: Filkins against Beadle. – Squire Longbow and his Court. – Puddleford assembled. – Why Squire Longbow was a Great Man. – Ike Turtle and Sile Bates, Pettifoggers. – Mrs. Sonora Brown. – Uproar and Legal Opinions. – Seth Bolles. – Miss Eunice Grimes. – Argument to Jury, and Verdict.
My intercourse with the inhabitants of Puddleford had been frequent during the summer, and my acquaintance with them had now become quite general. One morning, in the month of September, I was visited by a constable, who very authoritatively served upon me a venire, which commanded me to be and appear before Jonathan Longbow, at his office in the village of Puddleford, at one o'clock P. M., to serve as a juryman in a case, then and there to be tried, between Philista Filkins, plaintiff, and Charity Beadle, defendant, in an action of slander, etc. The constable remarked, after reading this threatening legal epistle to me, that I had better "be up to time, as Squire Longbow was a man who would not be trifled with," and then leisurely folding it up, and pushing it deep down in his vest-pocket, he mounted his horse, and hurried away in pursuit of the balance of the panel. Of course, I could not think of being guilty of a contempt of court, after having been so solemnly warned of the consequences, and I was therefore promptly on the spot, according to command.
Squire Longbow held his court at the public house, in a room adjoining the bar-room, because the statute prohibited his holding it in the bar-room itself. He was a law-abiding man, and would not violate a statute. I found, on my arrival, that the whole country, for miles around, had assembled to hear this interesting case. Men, women, and children had turned out, and made a perfect holiday of it. All were attired in their best. The men were dressed in every kind of fashion, or, rather, all the fashions of the last twenty years were scattered through the crowd. Small-crown, steeple-crown, low-crown, wide-brim, and narrow-brim hats; wide-tail, stub-tail, and swallow-tail, high-collar, and low-collar coats; bagging and shrunken breeches; every size and shape of shirt-collar were there, all brought in by the settlers when they immigrated. The women had attempted to ape the fashions of the past. Some of them had mounted a "bustle" about the size of a bag of bran, and were waddling along under their load with great satisfaction. Some of the less ambitious were reduced to a mere bunch of calico. One man, I noticed, carried upon his head an old-fashioned, bell-crowned hat, with a half-inch brim, a shirt-collar running up tight under his ears, tight enough to lift him from the ground (this ran out in front of his face to a peak, serving as a kind of cutwater to his nose), a faded blue coat of the genuine swallow-tail breed, a pair of narrow-fall breeches that had passed so often through the wash-tub, and were so shrunken, that they appeared to have been strained on over his limbs: this individual, reader, was walking about, with his hands in his pockets, perfectly satisfied, whistling Yankee Doodle, and other patriotic airs. Most of the women had something frizzled around their shoes, which were called pantalets, giving their extremities the appearance of the legs of so many bantam hens.
The men were amusing themselves pitching coppers and quoits, running horses, and betting upon the result of the trial to come off, as every one was expected to form some opinion of the merits of the case.
The landlord of the Eagle was of course very busy. He bustled about, here and there, making the necessary preparations. Several pigs and chickens had gone the way of all flesh, and were baking and stewing for the table. About once a quarter "Old Stub" "moistened his clay," as he called it, with a little "rye," so as to "keep his blood a-stirring." Mrs. "Stub Bulliphant" was busy too. She was a perfect whirlwind; her temper was made of tartaric acid. Her voice might be heard above the confusion around giving directions to one, and a "piece of her mind" to another. She was the landlady of the Eagle beyond all doubt, and no one else. Better die than doubt that.
"Bulliphant!" screamed she, at the top of her lungs, "Bulliphant, you great lout, you! what in the name of massy sakes are you about? No fire! no wood! no water in! How, in all created natur, do you s'pose a woman can get dinner? Furiation alive, why don't you speak? Sally Ann! I say, Sally Ann! come right here this minute! Go down cellar, and get a jug of butter, some milk, and then – I say, Sally Ann! – do you hear me, Sally Ann? – go out to the barn and – run! run! you careless hussy, to the stove! the pot's boiling over!"
And so the old woman's tongue ran on hour after hour.
At a little past one, the court was convened. A board placed upon two barrels across the corner of the room, constituted the desk of Squire Longbow, behind which his honor's solitary dignity was caged. Pettifoggers and spectators sat outside. This was very proper, as Squire Longbow was a great man, and some mark of distinction was due. Permit me to describe him. He was a little, pot-bellied person, with a round face, bald head, swelled nose, and had only one eye, the remains of the other being concealed with a green shade. He carried a dignity about him that was really oppressive to by-standers. He was the "end of the law" in Puddleford; and no man could sustain a reputation who presumed to appeal from his decisions. He settled accounts, difficulties of all sorts, and even established land-titles; but of all things, he prided himself upon his knowledge of constitutional questions. The Squire always maintained that hard drinking was "agin" the Constitution of the United States, "and so," he said, "Judge Story once informed him by letter when he applied to him for aid in solving this question." "There is no such thing as slander," the Squire used to say, "and so he had always decided, as every person who lied about another, knew he ought not to be believed, because he was lying, and therefore the 'quar-animer,' as the books say, is wanting." (This looked rather bad for "Filkins's" case.) Sometimes Squire Longbow rendered judgments, sometimes decrees, and sometimes he divided the cause between both parties. The Squire said he "never could submit to the letter of the law; it was agin' personal liberty; and so Judge Story decided." "Pre-ce-dents", as they were called, he wouldn't mind, not even his own; because then there wouldn't be any room left for a man to change his mind. "If," said the Squire, "for instance, I fine Pet. Sykes to-day for knocking down Job Bluff, that is no reason why I should fine Job Bluff to-morrow for knocking down Pet. Sykes, because they are entirely different persons. Human natur' ain't the same." "Contempt of court," the Squire often declared, "was the worst of all offences. He didn't care so much about what might be said agin' Jonathan Longbow, but Squire Longbow, Justice of the Peace, must and should be protected;" and it was upon this principle that he fined Phil. Beardsley ten dollars for contradicting him in the street.
"Generally," the Squire says, "he renders judgment for the plaintiff," because he never issues a process without hearing his story, and determining the merits. "And don't the plaintiff know more about his rights than all the witnesses in the world?" "And even where he has a jury," the Squire says, "that it is his duty to apply the law to the facts, and the facts to the law, so that they may avoid any illegal verdict."
The court, as I said, was convened. The Squire took his seat, opened his docket, and lit his pipe. He then called the parties: —
"Philista Filkins!" "Charity Beadle!"
"Here," cried a backwoods pettifogger, "I'm for Philista Filkins; am always on hand at the tap of the drum, like a thousand of brick."
This man was a character; a pure specimen of a live western pettifogger. He was called Ike Turtle. He was of the snapping-turtle breed. He wore a white wool-hat; a bandana cotton-handkerchief around his neck; a horse-blanket vest, with large horn-buttons; and corduroy pantaloons; and he carried a bull's-eye watch, from which swung four or five chains across his breast.
"Who answers for Charity Beadle?" continued the Squire.
"I answer for myself," squeaked out Charity; "I hain't got any counsel, 'cause he's on the jury."
"On the jury, ha! Your counsel's on the jury! Sile Bates, I suppose. Counsel is guaranteed by the Constitution – it's a personal right – let Sile act as your counsel, then."
And so Sile stepped out in the capacity of counsel.
"Charity Beadle!" exclaimed the Squire, drawing out his pipe and laying it on his desk, "stand up and raise your right hand!"
Charity arose.
"You are charged with slandering Philista Filkins, with saying, 'She warn't no better than she ought to be;' and if you were believed when you said so, it is my duty, as a peace-officer, to say to you that you have been guilty of a high offence, and may the Lord have mercy on your soul. What do you say?"
"Not guilty, Squire Longbow, by an eternal sight, and told the truth, if we are," replied Bates. "Besides, we plead a set-off."
"I say 'tis false! you are!" cried Philista, at the top of her lungs.
"Silence!" roared Longbow; "the dignity of this court shall be preserved."
"Easy, Squire, a little easy," grumbled a voice in the crowd, proceeding from one of Philista's friends; "never speak to a woman in a passion."
"I fine that man one dollar for contempt of court, whoever he is!" exclaimed the Squire, as he stood upon tiptoe, trying to catch the offender with his eye.
"I guess 'twarn't nothing but the wind," said Bates.
The Squire took his seat, put his pipe in his mouth, and blew out a long whiff of smoke.
"Order being restored, let the case now proceed," he exclaimed.
Ike opened his case to the jury. He said Philista Filkins was a maiden lady of about forty; some called her an old maid, but that warn't so, not by several years; her teeth were as sound as a nut, and her hair as black as a crow. She was a nurse, and had probably given more lobelia, pennyroyal, catnip, and other roots and herbs, to the people of Puddleford, than all the rest of the women in it. Of course she was a kind of peramrulary being. (The Squire here informed the jury that peramrulary was a legal word, which he would fully explain in his charge.) That is, she was obliged to be out a great deal, night and day, and in consequence thereof, Charity Beadle had slandered her, and completely ruined her reputation, and broken up her business to the damage of ten dollars.
Bates told the court that he had "no jurisdiction in an action of slander."
Longbow advised Bates not to repeat the remark, as "that was a kind of contempt."
Some time had elapsed in settling preliminaries, and at last the cause was ready.
"We call Sonora Brown!" roared out Ike, at the top of his lungs.
"No, you don't," replied the Squire. "This court is adjourned for fifteen minutes; all who need refreshment will find it at the bar in the next room; but don't bring it in here; it might be agin' the statute."
And so the court adjourned for fifteen minutes.
There was a rush to the bar-room, and old Stub Bulliphant rolled around among his whiskey bottles like a ship in a storm. Almost every person drank some, judging from the remarks, "to wet their whistle;" others, "to keep their stomach easy;" some "to Filkins;" others, "to Beadle," etc., etc.
Court was at last convened again.
"Sonora Brown!" roared Ike again.
"Object!" exclaimed Sile; "no witness; hain't lived six months in the state."
Squire Longbow slowly drew his pipe from his mouth, and fixed his eyes on the floor in deep thought for several minutes.
"Hain't lived six months in the state," repeated he, at last; "ain't no resident, of course, under our Constitution."
"And how, in all created airth, would you punish such a person for perjury? I should just like to know," continued Sile, taking courage from the Squire's perplexed state of mind; "our laws don't bind residents of other states."
"But it isn't certain Mrs. Brown will lie, because she is a non-resident," added the Squire, cheering up a little.
"Well, very well, then," said Sile, ramming both hands into his breeches-pocket very philosophically; "go ahead, if you wish, subject to my objection. I'll just appeal, and blow this court into fiddle-strings! This cause won't breathe three times in the circuit! We won't be rode over; we know our rights, I just kinder rather think."
"Go it, Sile!" cried a voice from the crowd; "stand up for your rights, if you bust!"
"Silence!" exclaimed Squire Longbow.
Ike had sat very quietly, inasmuch as the Squire had been leaning in his favor; but Sile's last remark somewhat intimidated his honor.
"May it please your honor," said Ike, rising, "we claim there is no proof of Mrs. Brown's residency; your honor hain't got nothing but Sile Bates's say so, and what's that good for in a court of justice? I wouldn't believe him as far as you could swing a cat by the tail."
"I'm with you on that," cried another voice.
"Silence! put that man out!" roared Longbow again.
But just as Ike was sitting down, an inkstand was hurled at him by Sile, which struck him on his shoulder, and scattered its contents over the crowd. Several missiles flew back and forth; the Squire leaped over his table, crying out at the top of his lungs, —
"In the name of the people of the State of – , I, Jonathan Longbow, Justice of the Peace, duly elected and qualified, do command you."
When, at last, order was restored, the counsel took their seats, and the Squire retired into his box again.
Sonora Brown was then called for the third time. She was an old lady, with a pinched-up black bonnet, a very wide ruffle to her cap, through which the gray hairs strayed. She sighed frequently and heavily. She said she didn't know as she knew "anything worth telling on." She didn't know "anything about lawsuits, and didn't know how to swear." After running on with a long preliminary about herself, growing warmer and warmer, the old lady came to the case under much excitement. She said "she never did see such works in all her born days. Just because Charity Beadle said 'Philista Filkins warn't no better than she ought to be,' there was such a hullabalu and kick-up, enough to set all natur crazy!"
"Why la! sus me!" continued she, turning round to the Squire, "do you think this such a dre'ful thing, that all the whole town has got to be set together by the ears about it? Mude-ra-tion! what a humdrum and flurry!"
And then the old lady stopped and took a pinch of snuff, and pushed it up very hard and quick into her nose.
Ike requested Mrs. Brown not to talk so fast, and only answer such questions as he put to her.
"Well, now, that's nice," she continued. "Warn't I sworn, or was't you? and to tell the truth, too, and the whole truth. I warn't sworn to answer your questions. Why, maybe, you don't know, Mr. Pettifogger, that there are folks in state's prison now for lying in a court of justice?"
Squire Longbow interfered, and stated that "he must say that things were going on very 'promis'cusly,' quite agin the peace and dignity of the state."
"Just so I think myself," added Mrs. Brown. "This place is like a town-meeting, for all the world."
"Mrs. So-no-ra Brown!" exclaimed Ike, rising on his feet, a little enraged, "do you know anything about what Charity Beadle said about Philista Filkins? Answer this question."
"Whew! fiddle-de-dee! highty-tighty! so you have really broke loose, Mr. Pettifogger," for now the old lady's temper was up. "Why, didn't you know I was old enough to be your grandmother? Why, my boy," continued she, hurrying on her spectacles, and taking a long look at Ike, "I know'd your mother when she made cakes and pies down in the Jarseys; and you when you warn't more than so high;" and she measured about two feet high from the floor. "You want me to answer, do you? I told you all I know'd about it; and if you want anything more, I guess you'll have to get it, that's all;" and, jumping up, she left the witness-stand, and disappeared in the crowd.
"I demand an attachment for Sonora Brown!" roared out Ike, "an absconding witness!"
"Can't do it," replied the Squire; "it's agin the Constitution to deprive anybody of their liberty an unreasonable length of time. This witness has been confined here by process of law morn-a-nour. Can't do it! Be guilty of trespass! Must stick to the Constitution. Call your next witness."
Ike swore. The Squire fined him one dollar. He swore again. The Squire fined him another. The faster the Squire fined, the faster the oaths rolled out of Ike's mouth, until the Squire had entered ten dollars against him. Ike swore again, and the Squire was about to record the eleventh dollar, but Ike checked him.
"Hold on! hold on! you old reprobate! now I've got you! now you are mine!" exclaimed he. "You are up to the limit of the law! You cannot inflict only ten dollars in fines in any one case! Now stand and take it!"
And such a volley of oaths, cant phrases, humor, wrath, sarcasm, and fun, sometimes addressed to the Squire, sometimes to the audience, and sometimes to his client, never rolled out of any other man's mouth since the flood. He commenced with the history of the Squire, when, as he said, "he was a rafting lumber down on the Susquehanna;" and he followed him up from that time. "He could tell the reason why he came west, but wouldn't." He commented on his personal appearance, and his capacity for the office of justice. He told him "he hadn't only one eye, any way, and he couldn't be expected to see a great way into a mill-stone; and he didn't believe he had as many brains as an 'ister. For his part, he knew the law; he had ransacked every part of the statute, as a glutton would Noah's Ark for the remnant of an eel; he had digested it from Dan to Beersheba; swallowed everything but the title-page and cover, and would have swallowed that if he warn't mortal; he was a living, moving law himself; when he said 'law was law, 'twas law;' better 'peal anything up from predestination than from his opinion! he would follow this case to the backside of sundown for his rights!"
During all this time there was a complete uproar. Philista's friends cheered and hurrahed; the dogs in the room set up their barking; Beadle's friends groaned, and squealed, and bellowed, and whimpered, and imitated all the domestic animals of the day, while the Squire was trying at the top of his lungs to compel the constable to commit Ike for contempt.
Ike closed and sat down. The Squire called for the constable, but he was not to be found. One man told him that "he was in the next room pitching coppers;" another, that the last time he saw him "he was running very fast;" another, that "he rather guessed he'd be back some time another, if he ever was, because he was a sworn officer;" another asked the Squire "what he'd give to have him catched?" but no constable appeared; he had put himself out the way to escape the storm.
A long silence followed this outburst; not a word was said, and scarcely a noise heard. Every one was eagerly looking at the Squire for his next movement. Ike kept his eyes on the floor, apparently in a deep study. At last he arose.
"Squire," said he, "we've been under something of a press of steam for the last half 'our; I move we adjourn fifteen minutes for a drink."
"Done," answered the Squire; and so the court adjourned for a second time.
It was now nearly dark, when the court convened again. The trial of the cause, Filkins vs. Beadle, was resumed.
Seth Bolles was called. Seth was a broad-backed, double-fisted fellow, with a blazing red face, and he chewed tobacco continually. He was about two thirds "over the bay," and didn't care for all the Filkinses or Beadles in the world.
"Know Filkins and Beadle?" inquired Ike.
"Know 'em? thunder, yes."
"How long?"
"Ever sin' the year one."
"Ever heard Beadle say anything about Filkins?"
"Heard her say she thought she run'd too much arter Elik Timberlake."
"Anything, Seth, about Filkins' character?"
"Now what do you 'spose I know about Filkins' character? Much as I can do to look arter my own wimmin."
"But have you heard Beadle say anything about Filkins' character?"
"Heard her say once she was a good enough-er-sort-a body when she was a-mind-er-be."
"Anything else?"
"Shan't answer; hain't had my regular fees paid as witness."
Squire Longbow informed Seth that he must answer.
"Shan't do it, not so long as my name is Bolles."
The Squire said he would commit him.
"W-h-e-w!" drawled out Bolles, stooping down, and putting his arms a-kimbo, as he gave the Squire a long look straight in the eye.
"Order! order!" exclaimed the Squire.
"Whew! whew! whew uo-uo-uo! who's afraid of a justice of the peace?" screamed Seth, jumping up about a foot, and squirting out a gill of tobacco-juice, as he struck the floor.
Seth's fees were paid him, at last, and the question was again put, if he heard "Beadle say anything else?" and he said "he never did;" and thus ended Seth's testimony.
Miss Eunice Grimes was next called. She came sailing forward, and threw herself into the chair with a kind of jerk. She took a few sidelong glances at Charity Beadle, which told, plainly enough, that she meant to make a finish of her in about five minutes. She was a vinegar-faced old maid, and her head kept bobbing, and her body kept hitching, and now she pulled her bonnet this way, and now that. She finally went out of the fretting into the languishing mood, and declared she "should die if somebody didn't get her a glass of water."
When she became composed, Ike inquired if "she knew Charity Beadle?"
"Yes! I know her to be an orful critter!"
"What has she done?"
"What hain't she? She's lied about me, and about Elder Dobbin's folks, and said how that when the singing-master boarded at our house, she seed lights in the sitting-room till past three – the orful critter!"
"But what have you heard her say about Philista Filkins?"
"O! everything that's bad. She don't never say anything that's good 'bout nobody. She's allers talking. There ain't nobody in the settlement she hain't slandered. She even abused old Deacon Snipes' horse – the orful critter!"
"But what did she say about Philista Filkins?" repeated Ike again.
"What do you want me to say she said? I hain't got any doubt she's called her everything she could think on. Didn't she, Philisty?" she continued, turning her head towards the plaintiff.
Philista nodded.
"Did she say she warn't no better than she ought to be?"
"Did she? well, she did, and that very few people were."
"Stop! stop!" exclaimed Ike, "you talk too fast! I guess she didn't say all that."
"She did, for Philista told me so; and she wouldn't lie for the whole race of Beadles."
Squire Longbow thought Eunice had better retire, as she didn't seem to know much about the case.
She said she knew as much about it as anybody; she want "going to be abused, trod upon; and no man was a man that would insult a poor woman;" and bursting into tears of rage, she twitched out of her chair, and went sobbing away.
Philista closed, and Sile stated, in his opening to the court on the part of the defence, that this was a "little the smallest case he ever had seen." His client stood out high and dry; she stood up like Andes looking down on a potato-hill; he didn't propose to offer scarcely any proof; and that little was by way of set-off – tongue against tongue – according to the statute in such case made and provided; he hoped the court would examine the law for himself. (Here Sile unrolled a long account against Philista, measuring some three feet, and held it up to the Squire and jury.) This, he said, was a reg'lar statement of the slanderous words used by Philista Filkins agin Charity Beadle for the last three years, with the damage annexed; everything had been itemized, and kept in tip-top style; all in black and white, just as it happened. Sile was about reading this formidable instrument, when Ike objected.
"That can't be did in this 'ere court!" exclaimed Ike; "the light of civilization has shed itself a little too thick for that. This court might just as well try to swallow a chestnut-burr, or a cat, tail foremost, as to get such a proposition a-down its throat."
Squire Longbow said he'd "never heer'd of such law – yet the question was new to him."
"Laid down in all the law-books of the nineteenth century!" exclaimed Sile, "and never heard on't!"
"Never did."
"Why," continued Sile, "the statute allows set-off where it is of the same natur of the action. This, you see, is slander agin slander."
"True," replied the Squire.
"True, did you say!" exclaimed Ike. "You say the statute does allow slander to be set off; our statute – that statute that I learned by heart before I knew my A B C's – you old bass-wood headed son – " But the Squire stopped Ike just at this time. "We will decide the question first," he said. "The court have made no decision yet."
Squire Longbow was in trouble. He smoked furiously. He examined the statutes, looked over his docket, but he did not seem to get any light. Finally, a lucky thought struck him. He saw old Mr. Brown in the crowd, who had the reputation of having once been a justice in the State of New York. The Squire arose and beckoned to him, and both retired to an adjoining room. After about a half an hour, the Squire returned and took his seat, and delivered his opinion. Here it is: —
"After an examination of all the p'ints both for and agin the 'lowing of the set-off, in which the court didn't leave no stone unturned to get at justice, having ransacked some half a dozen books from eend to eend, and noted down everything that anywise bore on the subject; recollecting, as the court well doz, what the great Story, who's now dead and gone, done and writ 'bout this very thing (for we must be 'lowed to inform this 'sembly that we read Story in our juvenil' years); having done this, and refreshing our minds with the testimony, and keeping in our eye the rights of parties – right-er liberty, and right-er speech, back'ards and for'ards – for I've as good a right to talk agin you, as you have to talk agin me – knowing, as the court doz, how much blood has been shed 'cause folks wern't 'lowed to talk as much as they pleased, making all natur groan, the court is of the opinion that the set-off must be let in; and such is also Squire Brown's opinion, and nobody will contradict that, I know."
"Je-hos-a-phat!" groaned out Ike, drawing one of his very longest breaths. "The great Je-mi-ma Wilkinson! and so that is law, arter all! There's my hat, Squire," Ike continued, as he arose and reached it out to him; "and you shall have my gallusses as soon as I can get at 'em."
The Squire said "the dignity of the court must be preserved."
"Of course it must! of course it must!" replied Ike, who was growing very philosophical over the opinion of the Squire; "there ain't no friction on my gudgeons now; I always gins in to reg'lar opinions, delivered upon consideration; I was just thinking, though, Squire, that as their bill is so much the longest, and as the parties are both here, Charity had better let her tongue loose upon my client, and take out the balance on the spot."
The Squire said "the cause must go on." Sile read his set-off, made up of slanderous words alleged to have been used; damages fifty dollars; and calling Charity herself, upon the principle, as he said, "that it was a book-account, and her books were evidence; and her books having been lost, the paper which he held, and which was a true copy —for he made it out himself– was the next best evidence; all of which Charity would swear to straight along."
The court admitted Charity, and she swore the set-off through, and some fifty dollars more; and she was going on horse-race speed, when Sile stopped her "before," as he told her, "she swore the cause beyond the jurisdiction of a magistrate."
Here the evidence closed. Midnight had set in, and the cause was yet to be summed up.
The court informed Ike and Sile that they were limited to half an hour each.
Ike opened the argument, and such an opening, and such an argument! It will not be expected that I can repeat it. There never lived a man who could. It covered all things mortal and immortal. Genius, and sense, and nonsense; wit, humor, pathos, venom, and vulgarity, were all piled up together, and belched forth upon the jury. He talked about the case, the court, the jury, his client, the history of the world, and Puddleford in particular. "The slander was admitted," he declared, "because the defendant had tried to set off something agin it; and if his client didn't get a judgment, he'd make a rattling among the dry bones of the law, that would rouse the dead of '76!" He was "fifty feet front, and rear to the river;" "had seen great changes en the t'restial globe;" "know'd all the sciences from Neb-u-cud-nezzar down;" "know'd law – 'twas the milk of his existence." As to the court's opinion about the set-off, "his head was chock full of cobwebs or bumble-bees, he didn't know which;" "his judgment warn't hardly safe on a common note er-hand;" "he'd no doubt but that three jist such cases would run him stark mad;" "Natur was sorry she'd ever had anything to do with him; and he'd himself been sorry ever since; and as for ed'cation, he warn't up to the school-marm, for she could read;" "the jury had better give him a verdict if they didn't want the nightmare." And thus he was running on, when his half hour expired, but he could not be stopped – as well stop a tornado. So Sile arose, and commenced his argument for the defendant; and at it both labored, Ike for plaintiff, Sile for defendant, until the court swore a constable, and ordered the jury to retire with him, the argument still going on; and thus the jury left the room, Ike and Sile following them up, laying down the law and the fact; and the last thing I observed just before the door closed, was Ike's arm run through it at us, going through a variety of gestures, his expiring effort in behalf of his client.