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A Judge's Charge. With Variations

A Judge's Charge. With Variations image
Parent Issue
Day
5
Month
January
Year
1882
Copyright
Public Domain
OCR Text

Tho following comes from Georgia, aud Hs accuracy ií vouched for by Ihe stenographer who took it down: Judge was noled for the way be got mixed in bis cbargeB lo the jury. "On one occasion a case was tried before bim tbe points of wbicb m:iy be briefly staled tlius: Bmith brougbt .suit against Jones upou a prora issory note giveu for a borse. Jones' defense was failure of considera, tion, be averr'ing that at tbe lime of the pinchase the horse liad Ihe glanders, of wliicli lie died, and tbat Smith knew it. Smitb replied that ihe horse did not have Ihe glaaders, but bad the distemper, an:l that Jones kuew it when be bouirut. The Judge churged llie jury: " Gentlemen of the jury, pay attention to the charge of ihe court. ïuu have already made one mis trial of lliis case because you did not pay attenti'ju to the charge of the court, and I don't want you to do it agaiu. 1 mtend to maku t so citar to you tuis time tliat you cannot possibly muke iny mistake any mistake. Th is .suit is upoii a note gireu foi' a promissory horse. 1 hope you underatand Uiai. 2sow, if you önd ihat at the time of the sale CSmith had the glauders, and Jones knew il, Jones cannot recover. That is clear, gentlemen. I will state it agaia. If you hud ihat at the Urne of tile sale Jones had the distemper, and Sinitli knew it. then Siuitb eannot possibly recover. But, gentlemen, 1 wlll state it a third time, so that you cannot poaaibly raake a mistake. If at the lime of llie sale Stnith had the glanders, and Jones liad tlic distemper, and the horse knew it, llitn neilhcr Smith. 'Jones, nor the horse eau ïecover. Let the record be given to the jury."

Article

Subjects
Old News
Ann Arbor Democrat