he had the
company's witnesses on hand and carried to the court house the file,
which included the title papers and an abstract; but he had never
examined them.
When the case was called the other side announced ready and they, not
being able to show cause for a continuance, were forced into trial.
While the jury was being empaneled Judge Finch leaned over and
whispered:--"Go ahead and help select the jury, the panel looks pretty
good. I have to leave." He picked up his hat and hastened from the court
room, giving Cornwall no time to object. In about twenty minutes the
jury was selected; Cornwall being assisted by one of the company's
witnesses.
Then the court called upon him to state his case to the jury.
"Judge I know nothing of the case, Judge Finch was here a few minutes
ago and was to try it."
"The case must go on; do the best you can. The court will take a recess
of fifteen minutes to give counsel an opportunity to examine the papers
and familiarize himself with the case. Mr. Sheriff, call Judge Finch."
The case proceeded in the absence of Judge Finch and the next day in the
mid-afternoon was completed; the jury returning a verdict in favor of
the company.
Cornwall ordered a horse and inquiring the road to Judge Finch's house,
who lived on Wallins Creek, rode out to see him. There he sat on his
porch, coatless, in carpet slippers, playing cinch with three farm
hands.
"Hello John, have a cheer, do you play cinch?"
"No, sir."
(One of the hands) "Jedge, your corn is mighty weedy, you better let us
go back to our hoeing."
"By gosh! You are working for me aint you; and if I want you to play
cards instead of hoe, that's my business."
"John, how did you come out with the Asher case?"
"The jury returned a verdict for the company. Judge you certainly left
me in a hole running off like you did."
"By gosh! the family was out'er meal and I just had to go to mill for a
turn."
* * * * *
When one of the witnesses in the Asher case told Mr. Rogers of the
desertion of Cornwall and the case by Judge Finch he said; "I suppose we
must depend upon Cornwall alone or get Mr. Low or Judge Hall to help
him. This company is through with Finch. I certainly would have trembled
in my shoes, had I known Cornwall was handling it alone. He's a good
boy. I hope the verdict won't make a fool of him. I think not, since he
never mentioned Finch's desertion."
Two days later court
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