requently to render a verdict,
ostensibly at variance with the testimony, but almost always in aid of
the ends of equitable justice.
The system was eminently promotive of honesty and good morals, as well
as the ends of justice; for men's rights before it were not
unfrequently determined by the reputation they bore in the community in
which they lived. This fact stimulated uprightness of conduct, and
often deterred the wrong-doer. It has passed away; but I doubt if what
has replaced it has benefited the interests or morals of the people of
the State.
Like Mr. Crawford, Judge Dooly relied more upon the practical good
sense of the people as jurors, for justice between man and man, than
upon the technicalities of the law; and especially upon that of special
juries. Dooly had great contempt for petit juries, and evinced it upon
one occasion by declaring in open court that he thought, if there was
anything not known to the prescience of the Almighty, it was what the
verdict of a petit jury would be, when they left the box for the
jury-room. Dooly was an opponent of Crawford through life--a friend and
intimate of John Clark, Crawford's greatest enemy. But his character
was devoid of that bitterness and persistent hatred characteristic of
these two. Crawford and Judge Tate were intimate friends, and between
these and Clark there was continual strife. Tate and Clark were
brothers-in-law; but this only served to whet and give edge to their
animosity. Dooly, in some manner, became entangled with Tate in this
feud; and an amusing story is told of the final settlement of the
difficulty between these men.
Tate, it seems, challenged Dooly to mortal combat. Mr. Crawford was
Tate's friend. Dooly, contrary to all expectation, accepted, and named
General Clark as his friend, and appointed a day of meeting. Tate had
lost a leg, and, as was usual in that day, had substituted a wooden,
one. On the appointed day, Tate, with his friend, repaired to the place
of meeting, where Dooly had preceded them, and was alone, sitting upon
a stump. Crawford approached him, and asked for his friend, General
Clark.
"He is in the woods, sir."
"And will soon be present, I presume?" asked Crawford.
"Yes; as soon as he can find a gum."
"May I inquire, Colonel Dooly, what use you have for a gum in the
matter we have met to settle?"
"I want it to put my leg in, sir. Do you suppose I can afford to risk
my leg of flesh and bone against Tate's woo
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