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
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