Newspaper Page Text
SOUTHERN RECORDER*
BY CRANTLAND & ORMB.
MILLGDGEVILLG, GG^IGIA, THURSDAY, JUNE 23, 1831.
NO. 22 OF VOL. XII.
plague on nature ! slic is a female,
and there is no trusting tier. As thus
uheeding all hut themselves and lie
present moment, Nature had been at work lu
te u ill the forenoon auil three in tlie afternoon, at the | f ur th 0 exertion lie had made. ’ quite hid tile opuosito shores makiiur it I lit-
1 The,iU,e »*“* •«—“ a " d pursued their t'le world
lie iratetto sixty day* previous to the any of sale. pleasures in separ.ito groups, or couples, ns gathered in the west hud therefore escapef the
[Voticesofthe side or personal property must he giv-1 chance or inclination prompted. In those notice of the purty, until the moment w(cn a
en in like manner, roiirv days previous t» the day of days ot Doric innocence and simplicity—and hurst of merriment was interrupted by allash
I' ii 1 »»»inii!,o„,'i„pp, ..riisi,.1,4cmi.’.rI
* Notice that application will beinnile to the Courtofl country—young people ol dillerent sexes der. When the Creator speaks, all natule is
Ordinary fir leave to sell land, must he published fur could enjoy the pleasures of a rural ramble, in silent; and if, as some suppose, the leiping
rouit months. . . parties or in pairs, without the remotest idea of lightning is thequick glanciugof his ausrvevtT.
n^ltp. «!LTkco P k" « W, * U ‘^propriety, & without waking a single breath the thunder the threatening of his voict/no
LKTrmis (an hua«inoR4) must bp pont paicl | of scandal. If there be any tiling hi the tnu* wonder if every sound is hushed when liny
sic, the repose, the fascinating and quiet beau- break forth from the pitchy darkness of the
FROM TI1E DUTCHMAN’S FIRESIDE. I tie “ ot nature that excites to love, it is gentle heavens. The laugh ceased; the birds be-
by j. k. PAOLUiNn. and virtuous love; an awakening impulse ra- came silent in their lel'y bowers; llte trees
It was a cheerful and inspiring morning as ther than an ungovernable passion; and if stilled their sweet whisperings; the insects
ever shone upon the rich plains of the happy perchance it works to final mischief, it is ra- chirped no longer, and the river murmured no
Hudson
whose bosom —
fro ; on whose delicious borders dwell, in rus- passions acquire their overpowering energie
happy in being the chosen river on ■ l Her from accident than purpose—nature than more. There was a dead pause in the air, tho
oni floats the tide of fashion to and depravity. It is not here that the sensual earth, the waters, save when the Creator of
nu , ui, T, hose delicious borders dwell, in rus- passions acquire their overpowering energies ; 1 them all spoke from the depths of his vast ob-
tic competency, thousands of contented human but at midnight revels where dazzling lights, scurity.
beings, enjoying the fruits of their labors amid artificial splendor, seducing music, high sea- ' Ihe merry-makers looked at each other in
the fruitions of a blameless life and a quiet snnc “ viands, and luxurious wines, pamper the | silence, and in silence sat, until Ariel ventur-
spirit. The day was such a one ns 1 myself senses into lascivious longings, and swell the i cd to clear his voice with “ ahem !” which, to
prefer to all others ; when the sun diffuses his imagination to exaggerated conceptions of say the truth, lacked much of its wonted vigo-
influence through a gauzy veil of semi-trans- ^ pleasure, which carry us away we know not | rous energy and clearness. Sybrandt gained a
parent clouds, which temper his rays into a ; | l, V* caru not whither. Long may it he before position whence he could overlook the island
mild genial warmth, that, while it takes, per-. **. *“ *bc fashion to abridge the freedom of vir- harrier, and came back running to announce
1 1 that a thunder-storm was coming on rapidly—
so rapidly that it would he impossible to eross
the river and gain the nearest house in time to
escape its fury. The damsels looked at the
young men, and the young men looked at the
damsels. One had on her best hat, another
a new shawl, a third her holiday chintz gown,
and each and all wore some favorite piece of
finery, which though peradventuro Dolly the
cook and Hetty the chamber-maid would
scorn to wear, even on week days, in this age
blended with the skies ; the different shades j «ory telling. Sybrandt by degrees n'lread
baps, from the vigor of the body, cominuni- j gins, and extend that ol wives, in our country,
cates to the mind a delicious and luxurious 1 ^ atalimi having carried her point in making
aptitude lor the indulgence of the gentler e-1 Sybrandt one ol the party, was rather in a bet
motions. In such days, and through such n 1 humor with him than usual. She plagued
medium, the beauties of nature exhibit only biin now and then in various wavs, and sotne-
their softest features, and display their great- j t ' niC:i ri| ised a laugh at his expense. The
cat varieties of shade and coloring; the winds . b |st bpe edge ol the leeling, fortunately for
are hushed ; the waters smooth and glassy • j ***trt>kind, both in pleasure and in pain, is
the foliage wears a fleecy softness; the hills : worn off by the first enjoyment and the first
appear more beautiful; the mountains, magtii- j “offering. Were it nut so—but I am insensi-
tied in the misty vagueness of distance, seem i becoming a moralist, when I only aspire to
the different shades j ^otry tell ' n
of green that deck the bosom of the earth be- I*. 1 h e a musical instrument, in belter tune
come more distinct, yet more harmonious j ^ (>r being played upon, and two or three times
than when basking ill the glare of the sun ,• j himself actually enjoying the scene
and every sound that meets the car, like every ] :ui ’' thelestivily ol his companions. The ri-
ohject that attracts the eye, partakes in the j uicule ol women sometimes make men only
gentle harmony that reigus all around. H is ,m,re bold and-confident ; and 1 have known
in the remembrance of such scenes in after- | a most exemplary modest person made down-
life, and amid the struggles, hopes, and diap
poiutineots, which checker the course of man
hood, that we are apt to contrast our present
cares with our former enjoyments, exaggerating
both, and giving a false estimate of the dilfer-
eut periods of an existence, which, if we fair
ly hold the balance, will be found pretty much
the same in all its various changes, from the
cradle to the grave.
Our little party consisted of .Master com
mandant Ariel, chief manager, factotum, fee.
as busy as a bee, as noisy as a oatv did, and as
merry as a cricket. Catalina, Sybrandt, and
some half a score of the beaux and belles of
Albany, who had come to the mansion house
■bright and early in the morning, all dressed
in neat and simple attire, befitting a ramble a-
tnong the wild roses and clambering vines of
the happy island. This little paradise, to
speak in learned phrase, was an alluvial forma
tion of times long past, composed of the rich
poils of the surrounding lands, deposited by
the river. It was an level as the surface of the
stream in which it was embosomed, and co
vered with a carpet of rich, luxuriant verdure,
which, when it was not pastured, gave to the
scythe a glorious harvest three times a year.
On every side and all around, the hanks were
fringed with the light silvery foliage of the
water-willows, mingled with tufts of wild roses,
.md growths of nameless wild flowers of eve
ry hue and various odours; and canopied at
intervals with clambering vines, whose long
tendrils sometimes bent down and waved to
and fro on the gliding waters, as they passed
slowly by. Within this leafy barrier was
nothing hut a green sward, shaded, at various
intervals by the vast giants of the alluvial
growth—elms and plane-trees, of such tower
ing majesty, that they overlooked the gentle
eminences which bounded the flats on either
side. The witching murmurs of the waters,
as they glided along under the willow branch
es and nodding vines, mingled with the cho
rus of a thousand birds, who remained all
summer in undisturbed possession ; and tho’
the pipe of the shepherd was never heard in
these pleasant abodes, it was'aptly supplied
by the music of harmonious nature, the mur
muring waters, and tho warblers of the wood-
tan ds.
Under the skilful guidance of the active, in
right saucy by the freedoms of others. Indeed
there is not in the world so impudent a being,
as a shy man forced out of his shyness. The
very impulse carries him to the opposite ex
treme. The bent of Syhrandt’s mind had,
however, been too long and too rigid to he re
laxed all at once.
I pity the most exalted of all created beings
who cannot feel the inspiration of the balmy
air, the music and the smiles of nature ; for he
can have neither sensibility nor imagination.—
It was not so with Sybrandt; though appar
ently a most unpromising pupil for the school
ol romance, there were, if we. mistake not,
certain springs of action and certain latent
fires hidden and buried in Ins head and heart,
which only required to be touched or lighten
to make him a far other being than lie seemed
just now. As the morning passed, he insen
sibly began to feel less awkward, and his shy
ness gradually wore away. He ventured to
speak to sotne.of the young damsels, and fi
nally had the unparalleled intrepidity to at
tach himself to the side of his cousin in a
stroll under the vines and willows that skirted
the shores of the li'tle island.
Hy degrees the feelings which nature had
implanted in his heart opened and expanded,
like the seeds which lay dormant in the deep
shades ol' the forest fur years, until the trees
being cut down, the warm sunbeams waken
them to life and vegetation. The emotions
of rapid and unparalleled improvement, was
still dear to their simple, innocent tiff ctions.
'l'lic boys too, as they were called, and still
are called among the old lords of the land, had
on their Sunday gear, which, as they never
ran in debt to the taylor, it behoved them to
ered from top to bottom like a reed. The ex
plosion fur a moment stilled the tempest of
rain, during which interval the vast dissevered
trunk stood trembling and nodding, like one
suddenly struck hy the hand of death. A-
nothcr moment, and the winds resumed their
empire, the vast monarch of the isle fell to the
ground with a tremendous crash, and the force
ol Omnipotence was demonstrated in the in
stantaneous destruction of a work which long
ages had brought to maturity.
The young women screamed, and the youths
shuddered as they beheld this vast giant of
nature yielding in an instant to a mightier
power. Hut soon they were drawn ofl‘ to the
contemplation of a new danger. It is well
known how sudden, nay, almost instantaneous
is the swelling of our rivers, especially near
their sources, and where they traverse a hilly
ormountuincous region. The little isle where
our scene is laid, was but a few feet above the
ordinary level of the stream, and its surface as
flat as the stream itself, which now began to
dash its waves beyond tho usual harrier, until
at length the situation of the little party be
came extremely critical. The land had be
come less safe than the waters, and immediate
measures were taken to prepare for the inuuda-
tion, hy turning the boat upon her bottom a-
g*in. The party was arranged on the bcnch-
csitothc best advantage, anil the young men
stood prepared to ply the oars the moment the
bojt was floated olf. Soon the tremendous
tolrent rolled over the surface of the whole isl
and in one mighty mass of dark waters speck
led with white foam; and the boat nascarricd
down the stream with the swiftness of nu ar
row. Tho difficulty was to escape the trees
and hushes, which still reared their heads a-
bovc the waters, since it was obvious that noth
ing could preserve tho boat but her being kept
from the slightest interruption in her course.
The great object, therefore, was, to avoid eve
ry obstacle, and to keen her head directly
down the stream, till they met with some little
nook, or cove where the current was less vio
lent. In times of danger the master spirit in
stinctively takes the lead, and the lesser ones
instinctively yield obedience.
Ever since the coming ot the storm Sy-
hramlt had seemed a new being, animated hy
a newly awakened soul. The excitement ol
the scene had hy degrees caused him to for-
nnrse with special care. What was to he get his shyness ; and now the presence of dan-
done in this sore dilemma; for now the quick, ger and the necessity ot' exertion roused into
ually keen crashes that action those qualities which neither himself
keen flashes, (lie equally k
came with them, and the dead, dull calm that
intervened, announced that the rain and the
tempest was nigh.
Ariel was as busy as any assistant-alderman
at a fire, and about as useful. Being a man
that was always in a hurry when there was no
occasion, it may be naturally supposed, that
when there was occasion he would he in such
a great hurry that his resolves would tread up-
nor other
Mr Drift.,..Argument, Sir....Wo are ready
on both sides.
Judge Buzz....Co on, then, Mr. Drift*.
Mr. Gripe....I believe your honor has passed
the case ot' Taylor v. Cabbage.
Judge Huzz....I think net, Mr. Gripe : what
is the term and number?
Mr. Gripe....It is at the head of the list, Sir;
I have not heard it called.
Judge Huzz....It is so, Sir: I have it here,
Mr. Uripc : it is at the very tup of the list, and
to-day \ve begin at the bottom, Mr. Gripe. It
shall he heard in its turtle..the court will hear
you Mr. Gripe, when tho case is reached....go
on Mr. Drill.
Mr. Drift....May it please tho court..,.
Mr. Grumble....[To the court.] I have not
hoard tho case of Hump v. Hump called, Sir.
Judge Buzz....llump v. Hump ? what is the
term and number, Mr. Grumble 1
Mr. Grumble....It is at tho foot of the list,
Sir.
Judge Buzz.—It is so, sir; I have it here,
Mr. Grumble : it is at the eery bottom of the .
list: It has been called and continued, Mr.
Grumble : it is a very late motion, Sir, it can
wait.
Mr. Count.—Wo are very noxious, on both
sides, to have it disposed of, Sir.—[The threo
Judges confer together.]
Judge Huzz.—Arc you ready, gentlemen on
both sides, in llump v. Hump '?
Messrs. Grumble Count.—[Speaking, to
gether.] Yes, Sir.
Mr. Drift.—May it please your Honours;
in the case of Drieshach v. Smashpipcs. 1
Judge Buzz.—You hear what is said Mr.
Drift; 1 pray you to stay for the present, Sir;
you will be heard ; the court will hear you,
Sir, sit down, Mr. Drift. The court will now
take up the case of Hump v. Bump.
Mr. Count.—May it please the Court—A .
judgment was obtained in this Court by Hen
ry Dump against Benjamin Hump, at April
term, 11)28, on which a fi fa has now been is
sued returnable to July term. I have taken a
rule to show cause why the execution should
not be set aside, as having issued irregularly
and improvidently—and proceed to lay before
tho Court the grounds on which the present ap
plication is founded, lit order that the lucts
of the case may he understood, it will he ne
cessary for me to submit to your honors an an
alysis of
Judge Bullet.—Tho meaning of Analysis I
take to he this; it means, when a man takes a
thing, and divides it into parts—that he pro
ceeds to consider it in a—an—analytical man
lier—that is, you sec he analysis it. You see?
that is the meaning of analysis. Now 1 view
it in this light—that analysis is sometimes ve
ers were conscious lie possessed. lie
who had trembled at the idea of being intro
duced into a drawing-room, and shrunk from
the encounter of a smiling female eye, now
stood erect in the composure of unuwed man
hood, with a steady hand and steady eye, guid-1 ry difficult to make, for this reason; that when
ing the little skiff through roaring whirlpools i you consider any subject it is hut one subject;
and angry currents furiously conflicting with j J "*d tlie mind considers one subject [at least
each other, almost as skilfully as a veteran die minds of most meu can consider but one
one another's heels, or impede their ope-1 Mississippi boatman. All the rest sat still in I subject] with more facility, because it is
rations by running athwart each other, and | the numbness of irrepressible apprehension. | bul 0110 i hut my view is this, that when you
breaking their heads. And so indeed, it hap- Even the busv Ariel was motionless in his scat, divide a thing into parts, though you may call
i . i • • .r s .. . ♦ l. . i • r.»A .... .In’
them //arts, yet they tire in fact so many dif
ferent things ; [because unless they are differ
ent why do you divide them ?] and then in
stead of considering out, [as tile whole was
tnil OUC liiing si III si j tvlly, rrlion you linvo ili
vided that into a number of things, then the
mind is compelled to consider just as many
different things as you have divided the sub
ject into ; which is more difficult; [and I have
known many men, men of education too—I
pencil; lie was ten times more busy than I and his active tjpfigue silent as the grave.—
when he had nothing to do; swore at the lads But neither human skill nor human courage
for out doing something ; suggested a him-lcould struggle any length of time with the
Wici impraciiotUK. o., t».,J oo..-1-j.j.jjJrurc. ,ii„ „ niors. rv'-ry moment: aggravut
good man I hy wishing with all his soul they | ed hy new accessions. In turning a pro-
were safe housed in the old mansion. jjecting point, round which the current whirled
Catalina had been brought up at the board- ' v dh increased impetuosity, the boat struck
ing-scliool in the fear of thunder. The ^ IC edge ol an old stump of a tree, just be-
seliool mistress, indeed, always encouraged p ea ^ ^ ,e surface, and was upset in a single
the young ladies by precept not to be frighten- instant. Fortunate (or some, though, alas I _
ed ; hut she never failed to disappear in a j not for all, the current made a sudden inflex- have myself often experienced it, and I dare
thunder-storm, and was one time discovered I ion immediately below the projecting point in- “ay others have—though I never saw this view
between two featherbeds almost smothered to a little shallow cove, where it subsided into
dentil. It is to he regretted that this natural ] repose. It was in making for this harbour that
and proper feeling of awe which aceompanies , ie . unfortunately encountered tho stump,
the sublime phenominn of nature should de- \ "ddeh us 1 stated, was not visible above the
generate into abject fear or irrational super- [ waters. It is with sorrowful emotions I record
stition- Divested of these, the approach of a i that tFie accident was latal to two of the inno
thunder-storm is calculated to awaken the 1 cent girls and otic ol the young men, who sat
mind to the most lofty associations with the * n die * )n ' v °* die boat which unfortunately,
great Being who charges and discharges this ! as “be overturned, sheered out Into the stream
of his heart for a while overpowered his lun^
cherished timidity, and lent to his tonge an e- n „ ra . _ Q _ _
loquence that pleased, while it surprised Cata- vast artillerv, and to exalt the imaginati-' nnl ' launched them into the whole force of the
lina. The rich stores of imagery, which long on into the highest regions of lofty contem-1 current. They were carried away and their
reading and contemplation had gathered initiation. Hut fear is an abject soul-subduing i bodies found a^day or two afterwards many
his mind, where they had lain enchained in the
icy fetters of timidity, were let loose hy the
new-born warmth that thrilled through his
frame, and flowed forth without his study or
effort into striking observations, tender asso
ciations, and sparkles of a rich & glowing fancy.
Catalina listened with astonishment to the ani
mated statue ; and as she looked him in the
fase while pouring forth the treasures of his
mind, de- tulles below. The others, with the exception
out every , Catalina, were shot directly and in an in-
in of it before, become very much confus
ed in consequence ;] besides which, after di
viding it, is of no use until you put till the
parts together again, [because it is necessary
to have a view of the whole together] and this
also is sometimes, not easy for any man ; I
have found it not easy; therefore the result of
my opinion is this—-1 meant to say that I should
he very glad to hear of an analysis for this rea
son that it is so very difficult.
Mr. Count.—May it please your Honors, I
shall proceed to state the facts just as they oc
curred, without any attempt
Judge Buzz.—[Knocking on the desk as
before]—Hear me ! 1 pray you listen to me,
Mr. Count, let me break this case for you—to
save lime 1 will just break this ease for you ;
then the point wfll present themselves, and you
cau proceed with your argument Mr. Count.
Listen to tnc you move to set aside this fi fa,
alleging that the judgment of which it issued
was fraudulently obtained and that therefore
the court should interfere to stay or avoid the
execution ; the court have the power to do so,
happy, save our friend Sybrandt, . , , - ....
[from the moment he joined the group, felt the j pangj)f tlie keenest mortification,
spell of the demon besotting him sorely.— ' '' r ' ‘‘ ^
His gayety was repressed, his faculties be-
iitmbed, and his youthful vigor changed to a
sentiment, which monopolizes the
bases the physical man, and shuts
feeling allied to genuine piety and faith. staut, by the sudden angle made hy the etir-
Suddenly an idea struck Sybrandt, which r,, ut, into the little shallow quiet cove, where
was instantly adopted and put into execution. >hey were all preserved. Catalina was not
The boat, abroad flat skiff, was drawn on one these. Less strong, and less inured to
the bank, and placed bottom upwards, with ]he sports and perils ol rural life, she became
one side supported by sticks, and the other j insensible the moment the accident occurred,
reclining on the ground towards the west, so and would have quickly perished, had not Sy-
niind, and saw the divinity that sparkled in ! that the rain might run off in that direction.— I brandt swam into the edge of the turhulatir
his qyes, she once or twice detected herself The few minutes which intervened between j whirlpool where she^^was floating, and brought
in thinking Sybrandt almost as handsome as this operation and the bursting of the torrent! h er safely to the land. .
an aid-de-camp. He, too, felt elevated in his of rain were employed hy the young men in' Sadly the remnant of our little party re-1 doubtless sir; nay this court has often done so
own estimation ; for the first time in his life covering the open spaces about the sides of) turned to their respective homes without their to prevent injustice. Fraud, therefore, in the
he had listened to his own voice without feel- the boat with grass and branches, as well as l° st companions, and sadly they contrasted the plaintiff, Henry Hump, is the point in the case;
is it not so? Have 1 not said it aright Mr.
Count ? In very truth is that not the point of
your case ?
Mr. Count.---Xu, Sir, wo do not allege fraud
in the judgment, hut are prepared to show that
this execution has issued irregularly and im
properly, which I apprehend will —
Judge Buzz.—[Knocking as before.] How
-is this, sir 1 lei me understand this ! you allege
no fraud in tho judgment?—shall you then say
to the court, that a party holding a valid judg-
defatigable Ariel the little party arrived at the 'ȣ his heart beat with apprehension, and for the time would admit. There was only space beauty of the quiet genial morning, and the
scene of their anticipated pleasures, all gay the first time lie could look hack upon an hour enough under this shelter for the young wo- happy anticipations that beckoned them for-
and happy save our friend Sybrandt, whol s P ent in ,hc society of a female, without a men, though Ariel managed to find himself a » artl to sportful revelry, with the uproar of
place among them. He was in the main a nature, and gloomy shadows ot the evening.
Sybrandt, [at length said Catalina,] why good nntured kind-hearted man, hut he did . which closed in darkness, ^orrow and death,
don’t you talk so every day ?” not like being out in a storm any more than his —:oooo:—~
“ Because every day is not like to-day ; nor neighbors. The young men stood cowering I ^ From the Journal of Law.
idea inertness hy that habitual shyness and ;,ye you my cousin, always what you are now.” under a canopy of thick vines, which shaded DIES JUH1D1CA.*— Day l.
vkwardness, the very consciousness of which i A silence ensued, from which they were the boat and a little space besides. It was oh- Scene. A court in Vandalia :—Judges,
revented all efforts to shake it off. He was roused hy the cheerful joy-inspiring shouts servfi d that Sybrandt placed himself nearest Buzz, Burley and Pallet on the bench. OJfi-
llways either behind or before the party, and of Ariel, who had prepared his collation, and that end of the boat under which Catalina cers, Lawyers, etc. etc. [The Court having.., v B B
enerally too lar (rom it to hear what was said. ; summoning all the rambling lads and lasses to was sheltered, and that he. was particular in been opened by the cryer in the usual form.] j ment shall not have execution—that he shall
hus, when the hilarity ol the youthful spirit coine and partake of his prudent forethought. ^ ie disposition ot the grass and branches in Judge Buzz.—[Knocking on the desk with | not have the process of this court, to recover
ffervesced into a sprightly laugh, the demon To him eating was an affair of the first conse- that quarter. the handle of his penknife-] Gentlemen of\his debt? do you say that sir? You shall have
it pride, suspicion, and consciousness, whis- quetice ; he never joined a parly, either of A few, very few minutes of dead silence on t/ie Bar. 1 hand in your motions. Come, let strong grounds to lay before tho court;—-go on
lered that the laugh was at him. The other Inisioess or pleasure, without first reducing it the part of our little group intervened before ,,s hear Iron) you gentlemen of the Bur. sir; go on, Mr. Count,
ouug men were, indeed, quite as awkward,! t„ a certainty that there would he no starva- the tempest sent forth hoards of wind and rain, Cryer.—[The cryer.] Silence! you must
ind without his knowledge and acquirements ; tion attending it ; and it was almost as affect- smiting the groaning trees, and deluging the in't talk, gentlemen.
at they made an excellent figure notwiih- ,„g a3 a last dying 9peee.l1 to hear him relate thirsty earth till it could drink no more, but Mr. Modicum.—May it please the court—
anding, and performed their parts with a the melancholy story of the ruin of a brace of voided the surplus into the swelling stream, I beg leave to move for —
| a y. gallant frankness, such as women in all (he finest wood-ducks he ever saw, by the j that began anon to rise and roar in angry vio-1 Judge Buzz.— Give me leave, Mr. Modicum;
Ituations love. They had lived in the world ,| d stupid folly” of his cook, who roast-j lence. This storm was for a long tirafi tradi- —the court will hear you in good time, Mr.
It Albany, mixed in its business, and dissipat- Pl i them in a pot instead of before the fire.— I tionary for its terrible violence; and for more Modicum; stay for a short space. Sir. [Judge
Hr) til,.,. 1 »L - .. * * _ /• • .... ■ . 1.1 I . If _ . . I. ...II ] / .I. . ! _ _ ii'liijnnrj m ilia liie lientlmr I * • 1 I 1 ♦ • m nn>.
Mr. Count.—Why really sir,—
Judge Pallet.—Yes, and another thing—-you
| ought to have proof of the facts, because the
statement of counsel alone, is not proof, how
ever respectable, for this reason, that suppose
counsel on opposite sides make different statc-
. . . .... _____ . . _ _ i ments—equally respectable—or disagree in
their self-love in the pursuit of various ob- r fhe good Ariel had spread his stores on a J thau half a century people talked of the inces- Buzz whispers with his brother Pallet; mean- their statements ; how is tho court to deter-
pcts, while poor Sybrandt had passed his snow-white table-cloth of ample dimensions, 1 sant flashes of lightning, the stunning and while a general conversation commences in the
^uth in nursing the offspring of solitude laid upon the rich green-sward beneath a cano- j harsh violence of the thunder, the. deluge of courtroom.]
■•sensibility, pride, and selfishness. It is so- py c f the vines, that clambered over the tops 1 rain, the hurricane which accompanied it, the Peter.—Silence! ,
al intercourse alone that, hy calling us off of a clump of sassafras, whose aromatic buds ; lofty trees that were either split with lightning Judge Buzz.—[Happing the desk with his j davit of a party is sufficient evidence on which
inn self-contemplation, and making it ncecs-j scn t forth a grateful fragrance. Here he mar-1 or torn up by the roots by the wind, and the penknife.] In very truth gentlemen of the Bar, to grant a rule to show cause; but when you
mine ? And even the affidavits of the parties
arc not evidence on the hearing of a rule to
iosv cause. The distinction is this ; theaffi-
pry to remember and to administer to the shaded his forces with great discretion, placing . the damage done by the sudden Swelling of: there is conversation which disturbs the court..
lams or the enjoyments of others, can make ' tfi e lads and lasses alternately around the ru- j the river on that remarkable day
>an happy himself, and an instrument of hap- ra l repast, and enjoining upon the former the I The party that found shelter under the boat
puess to others. ■ - ■ • ■
When they came to the river-side, where
*y the little boat which was to take them to
1“ island, Sybrandt had sworn to himself
|at he would offer his hand to Catalina to as-
j 81 aer ' n embarking. But he was so long be-
Tc he could screw himself up to the direful
fl| , that one of the Albany lads, more gallant
1'yell as alert, was beforehand with him. A
Mhlul man is like a tyger: he makes hut one
F orl - a| id if that fails, slinks away to his jun-
l e . and essays not another. I myself have
ly own experience to vouch for this ; having
[ “ ,e far off days of my gallantry, full many
1 time and oft, in dining out, gathered my-
F.t together with a gallant ferocity to ask the
strictest attention to his nearest neighbor.— fared indifferently well ; hut the others were
As for himself, he could never sit still where | in a few moments wet to the skin. The little
there was room for action. He curvetted a-; flexible willows bent down to let the storm
round the little circle like a merry spaniel— j pass over them ; but the sturdy elms and plane
cracked his jokes, and laughed only the loud- trees stood stiff' to the blast rh 2 t wrung their
er when no body joined ; helped himself and ' arms from their bodies, and scattered them in
ate and talked, all at the same time, with a j the air like straws and feathers. The rushing
zest and hilarity, and honest frankness that j winds, the roaring of the troubled waters, were
communicated themselves to all about him, mingled with incessant flashes of lightning,-
infecting them with a contagious merriment. I accompanied by those quick, sharp explosions
The birds chirped over their heads, the flow-! of thunder that proclaim the near approach of
ers grew beneath their feet, 'he mild summer ! tho electric power. At length the little party
breezes played upon their cheiks, hope glow- was roused by a peal that seemed to have rent
ed in their hearts, and youth and health were | the vault of heaven, and beheld with terror
their handmaids; why then should they, and dismay a vast planetree, within a hundred
not laugh and he mcriv ? ' yards’ distance, directly in front of them, shiv-
the court is disturbed....I have said it; 1 pray
you, let there be an end, gentlemen ; nay, this
must not be!....Prothonotary! hand me the
motion list. [The prothonotary hands the mo
tion list.] Judge Buzz whispers with his bro
ther Burly (....general conversation comnien
come to the hearing of the rule, it is not evi
dence ; and my view of it is this:—that such
an affidavit ought not—or the court ought not
to suffer it to be even read on the hearing of
the rule to show cause; for two reasons be
cause the party is interested, and cannot he a
witness in his own cause; and besides, the
ces as before....after some time Judge Buzz opposite party has had no opportunity for cross
Lnnitiu tn nail ihp mutinn lifit.T Wiimnn It • ■ v • • .. :
begins to call the motion list.] Humpv. Bump!
Mr. Grumble! Mr. Count! Continued! Pe
ter! Peter! Peter! Where is Peter?
Peter.—[Starting up !] Sir!
Judge Buzz.—Come hither, Peter....oh !....
What is your first name, Peter?
Peter.—Sir!....my name, Sir, is Peter Pip
kin, Sir.
Judge Hiizz..-.Yes...it is so....right....” Peter
Pipkin"...it is so indeed....Drieshach v. Smash-
pipes ! Mr. Modicum, Mr. Drift! Con.
examination; which-is a very important objec
tion, because a witness may toil a very straight
story as long as lie is allowed to go on in his
own way, hut when you come to question him,
....to....sift him then you very often destroy
the effect of the testimony which he has given
on his examination in chief, and that is the - . . .
practice of this court, always to require depo-! f’er her, the substantial fare ot the tablto at
sitions on the hearing of the rule; [the distinc- that moment caught the eye of her admirer,
tion is between the granting of tho rilin' to | and completely occupied all his faculties fot
show cause anil the hearing of that rule.] bg- the next hc’.t hour-
cause on depositions the opposite party alwaya
has an opportunity of cross-cxaminirtg; and
it' he does not choose to cross-examine when
he has the opportunity, why then, he has no
right to complain ; for he has had an opportu
nity-—you see ? the court has given him an
opportunity, but he did not make use of it.
Mr. Count.—I have several depositions, re
gularly taken, which will establish all (he
facts on which wo rely, and 1 will now read—
Judge Buzz.—Ah ! you have depositions?
Well, well—stay. [The three judges confer
together.] This case has alroady occupied
more time than was expected; 1 mean to cast
no reflection, Mr. Count, 1 beg that 1 may not
he so understood. GentlclRbn of the bar are
more intent upon the performance of their
duty to their clients, than on saving the time
of court. Let this suffice. This court is
much oppressed with business; the court will
hear you Mr. Count; you shall have justice
sir; no party shall have cause to complain that
he has not received substantial justice at the
hands of this court; this court will do justice
between the jiarties in this cause! Judge Bur
ley is about to call hid trial list for the next pe
riod ; after that, the court will dispose of this
case, if there he time ; I have said, if there be
time.
Judge Burley now calls the trial list—dur
ing this time Judge Buzz whispers with his
brother Pallet, and then retires quietly. The
calling of the trial list being over, Judge Buzz
is missed from the bench.
Mr. Grumble.—[To the court after a pause.]
Will Judge Buzz return, Hir?
Judge Burley.—Humph! 1 don't believe be
will to-dav.
Judge Dullct.—Why, 1 don’t think it -cer
tain, because just before he went away, he said
to me, “ Arc you going to slay ?” and I said
I was for this reason: that perhaps there might
be time, after the trial list was called, to dis
pose of the ease of Hump v. liump. " Well,"
said lie to me, " 1 am going,” and tlieu he
went away : that was all lie said to me, and
e did not tell me whether he was coming back
again, nr not. Now my view of it is that it is
very uncertain whether lie does come back a-
gain or not. to-day; because he said noth
ing about coming back when he we/it away.
Judge Burley.—Humph I adjourn the court,
Tlie court is accordingly adjourned in the u-
sual form.]
->•€>•“-
TIIH MAN WITH THE MUSTACHIOS.
It was a warm Saturday afternoon iu An
gust that a horseman turned up to the inn
which fronts the stecplcless meeting house of
a small village in the interior of New England.
As usual in the warm Saturday afternoons of
Summer, the male portion of the villagers were
assembled at the tavern,...some drinking punch
like water, and others, the regular old soak
ers, discussing the merits of pure ‘New Eng
land.’ Some were stretched out half-asleep,
and if the truth must be told, half-intoxicated,
under the shade of .two venerable elms which
overlooked the highway in front of the inn,
and others were, seated in the window scats ol'
the bar-room gravely arguing upon matters
ipiritual and political.
iJur the unusual appearance of the stranger
roused every one into ihe attitude of curiosi
ty. He was mounted on an elegant horse,
and, as lie reigned him up in a graceful man
ner before the door, every eye was turned upon
him. He was somewhat tall; with a diminu
tive waist, which would have answered to the
similitude of F'alstaff—“an Eagle's talon”—
and legs of most inordinate length, furnished
with close covering of light cloth: looking for
all the world like a couple of ox goads with
ell skins drawn over them. His dark frock
was finely contrasted with bis light vest, and
open bosom ornamented with pearl, studs and
glittering safety chains. A broad stock of
black silk elevated bis chin to an angle of about
forty five degrees, and supported a collar of
linen, starched to the stiffness of sheet iron,
and which protruded on each side of his chin
like the horn of a Rhinoceros. Above, a huge
pair of whiskers extended from ear to ear with
the trifling exception of a square inch or two
of his chin, over which the tousorial imple
ment had evidently recently passed. His up
per lip was garnished by enormous mustachios,
which bristled fiercely upward, and covered a
moiety of either cheek. His hat was most
exquisitely small, cone like, and pitched with
admirable effect upon the left side of his head,
while huge masses of hair, tumbled lip care
lessly at bis temples, were left wholly, unco
vered.
The stranger dismounted and entered the
inn without deigning to glance to the right or
left, “lie’s a Spaniard or Fortuguese,” said
one in a low whisper to his companions.—
“Look at his beard,” said another. “Oh,
what legs,” said a third. One after ano
ther the loungers gave in their opinion, and
none could agree as to the precise character
of the walking phenomenon before them. Ati
old sailor insisted that he was a Turkish Ba
shaw; while an itiuerent preacher as strenu
ously affirmed that the being who had appeared
“in such a questionable shape” was none other
than the famous Lorctizow Dow.
The stranger had in the mean time reaehed
the center of the bar room. Elevating a glass
to his eye be looked round for the first time up
on the company. “Landlord,” said he, “show
me my room, aud let me have supper immedi
ately.”
“Our supper is just ready, will you take a
scat with us," said the landlord.
The man of mustache and whiskers, took off
his hat, ran his lingers through his hair, until
it stout] out as widely ns the locks of a lap-
land wind stealer. "Sir,” said he, “I am u
gentleman, and choose to eat alone—damlce
if I don’t.” And he looked round ou the com
pany with the most sovereign contempt.
F rom this there was of course np appeal,
and the man of whiskers was shown to his a-
partment, and supper was prepared agreeable
to his directions. The waiting maid was nono
otiier than the fair daughter of the innkeeper,
a girl in her seventeenth year, with a bright
black eye, and dark natural ringlets falling o>
ver her plump shoulders. The whiskered
gentleman, as the bright Hebe seated her
self at tlie table to wait upon his gastronomic
operations, stared at her for some time with
tho most provoking assurance. The girl
blushed up to the dark shadow of her ring
let?
“Curse me.” said the gentleman at last,
“but yov area devilish handsome girl.”
The lair waiter blushed yet deeper; and
icd-'o finllo away her confusion. Luckily