eard them
discussed over breakfast at his boarding-house. "You have the plainest
case in the world. We'll soon put him through a course of sprouts."
"How do you think we had better proceed?" said Davenport.
"Why," replied the other, opening the Statute Book, "you have at least
two causes of action; you can bring a civil action for the slander,
and also proceed against him on the part of the State for the
interruption of the meeting."
"I don't care about suing him on my own account," said the client,
who, perhaps, not reposing unlimited confidence in the young man's
knowledge of law, and doubting the success of a civil action, had
visions of possible costs he might be obliged to pay floating before
his imagination. Besides, Davenport was a shrewd fellow who had been
"in the law" before; and experience taught him how to make allowance
for the natural anxiety of a new practitioner to obtain business.
"No, I have no feeling about it myself," said Davenport, "and it is my
opinion we had better take him on the part of the State."
"It is just as well," said the attorney; "one suit will not interfere
with the other. We can first proceed against him criminally, and
afterwards bring an action for damages."
"Well, well," said Davenport, "now about the prosecution."
"Then," said Ketchum, opening the Statute Book at the title
"Meetings," after first running though the index; "we can take him
under the Act on the 492d page, entitled, 'An Act for preserving due
order in town meetings, society meetings, and in the meetings of other
communities, and for preventing tumults therein,'" and he read the act
aloud.
"I don't exactly like that," observed Davenport, "The fine, in the
first place, is only eighty-four cents, except the case is aggravated,
when it is a binding over, and then the County Court cannot go over
thirty-four dollars fine. There's no imprisonment and Tom Pownal or
Armstrong would go bail, and pay the fine too, if it comes to that; so
there would be nothing gained by the operation."
"Let as see if we cannot find something else," said Ketchum, "to suit
your taste better I think (for he now perfectly understood the temper
of his client, and read the vindictive purpose of his soul, and,
alas! was willing to descend to the meanness of ministering to its
gratification,)--I think it would be a reproach to the law if such a
high-handed outrage should be permitted to pass unpunished." He again
referred to the inde
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