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BY GOULD,ELWELL, PICKARD & C0., we F SS a Re ¢ < eb o> @ . TERMS: $150 PER YEAR. .
. Office Fox Block Number 82 Exchange St SS “ -, One Dollar for Eig wena in advance, ‘
i
,
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fas . VOL. XIX. .
»PORTLAND, ‘SATURDAYS
NO. 33...
rene ae
eLD FRIENDS AXD AND OLD TLUES.
ty >
©, Thinking of old times, *
‘ ‘Hopes ne'er to be;
Bpeaking of old friends
* roe
under his great ungainly exterior. “We began
to see that Sam had ‘in him the material of a
warm, steadfast friend ; and once in a while,
when I heard him express his fow dislikes,
the conviction came over me that I would
: not much like to have Sam Sanders for an
my!
"Sessie Littleton was “the belle of Pleasant
But if I expected it to be visible in her face,
it was because Idid not fally know, Miss
Bessie Littleton, or young-lady nature in
general. . She never! had given even.me a
sweeter smile than that with which she re-
warded my fellow-student’s clumsy polite-
ness, when his long strides had overtaken
her; and Sam returned blushing like one of
clients eyen if they were” not my own,’ and
to'see that fees and retainers still existed, ‘and
were not, as my own experience had almost
Jed me to believe, traditions derived from a
by-gone age. - md
“Quidam,” said my "Tearmed comes Flour-
ish to me, “you studied Jawi in Pleasant Vale
ley, did you not?
part, bhe had given the plaintiff en unequivo- .
cal promise of her hand and heart; and sec-.2
ond, that some time after, and when Sam had ’
already commeneed arrangements for their -
union, she had dismissed him ina manner
equally decisive, and had ever since persisted .:
in. treating the matter as a tiresome jest,
which none but ‘the yery daollest of suitors a
8 : Valley... She claimed that title on a variety | his father’s blood-red beets., Two or three| I nodded. Vie would ever have considered earnest.
at \/ © © | of grounds, She was the only child of the | evenings after, I met him in unusual array. «Wouldnt you ike take atu up there |) Here the plaintiff rested. Evidence for
ott ola Squire; and the old ’Squire was a great | To see him away from the office at that time | next week? Iam going up to try a case.” “| the defense there was none, for the nature of *
7 ‘Thus, in the twilight, man, even throughout the country. More- | was a wonder ; but imagine my astonishment] I could not help ¢xpressing my wonder | the caso‘ rendered it impossible. ‘Bliss Bes- _
‘v2 & 3 Fond thoughts will stray over, Bessie, in her own right, was » bright- | when he told-me he was going to call at] that any case should arise there of sufficient | sie could hardly deny her own delicate hand- *
3° 9) © Baek to the old hemes— eyed, brown-haired, red-lipped little beauty; *Squire Littleton’s! That evening sealed importance to call from the city a counsel so | writing; and it was in to attempt showing
# «.. 5» Homes foraway! | his fate. The little flirt had played her cards | enrinont as Flourish.
. Oh! ‘mid the old friends
and to crown all,she was the most artful and
bewitching little coquette that ever proved,
well; she had tramped Sam’s heart.
“Tt is a queer case,” he said, “a breach of
anything in the life or conduct of the staid,
sober, prosperous lawyer, which would justi-
Be Sy there a kiwd thought : in a village church, how much a natural gen-| The poor fellow was strangely. affected at | promise ; and the queerest part of it is that | fy the breaking of a solemn engagement.
- “Byer for me? ius for flirting can surpass the studied art of | first by his novel sensations, Ife dreamed | the plaintiff is of our own profession.”” Squire Littleton, therefore, who was his ‘
oot Te there’s bat one hope, city belles. “Every one. of the ’Squire’s stu- | over unopened books ; he scribbled many} -Taking up the bundle of papers which he danghter’s only counsel, addressed himself 8
: ~. % One wish, though vain, dents fell in love with ber before they had | things which heafterwards carefully destroy- | drew from’ the great heap on his desk, the | atonce to tho jury, ‘ He spoke to them not
» Ufthere’s but one sigh,
pee Tit not complate, “| one except Sam Saunders. . And every one | tions of which his fingors could render it sus- | ing “declaration.” which became an old man reasoning with his .
. eters oft wil ay, had some sweet treasured reminiscence-some | ceptible ; he took long solitary rambles ; he SUPREME COURT. ' neighbors. All that the plaintif had shown, 7°
vt “ @hinking of old filendas— “| particular word, or look, or smile, upon which | committed all the follies which from time im- ie he said, was undoubtedly true. It was his
wee Friends far away, Caantes Swat.’ | he built particular hopes. To be sure, ifany memorial have been the signs of first love.— »,{ hard lot to stand there, in his old age, and
S| one of them had cxamined the subject in | But this stage did not Jast long, for it was | not Euzamen Tarmeros. confess that his darling child had done much
"ey a Good . Stor : “’} | connection with Phillips on Evidence, or any in accordance with his earnest, sorious “na- : Elizabeth Littleton | to grieve a fond parent’s heart. She’ had
‘ , D. : “" .) other good work on that branch of his stud-| tare. , After a week or two, he came back to ri fetched to answer Samael Saunders of committed what, in his own eyes, seemed a»
= lies, he might have known that there was | his books with redoubled energy, I thought BP erouwek eae grievous sin; forshe had broken her word.
Putnam's Monthly.
[From
“THE ATTORNEY: 8 REVENGE
Mie Twenty years: ago, ; Sam Saunders! and I
Wore reading law together. with old Squire | -
Lit#leton, of, Pleasant Valley. “ That is to
say, we both ‘read, or professed to read, sat
Le. “the same time in his office; but to own the
truth, that together must be taken in a vory
metaphorical, sense.
Sam, iadeed, read patiently ‘and plodding
~ ly, He went at Blackstone, as he approach-
* edevery other new acquaintance, somewhat
timorously atfirst; but after a little he clung
finished the first chapter in Blackstone ; every
hardly a prima fucie case in his favor. But
perhaps this is a Process hardly to be expect:
ed of lovers... .
If the trath must be ‘told, I ‘flatter myself
that Icould give a shrewd guess at the trae
state of Bessie’s feclings. It would hardly
be proper for me to, speak very plainly on
such a matter, eve at this late period; and
as Mrs. Quidam is of @ slightly jealous turn,
I do not like to cé{nmit myself. Suffice it to
say, thatalthough Miss Littleton never ex-
pressed herself to me in so many words, yet
Lhave always been convinced that certain
ed, reducing the paper to the minutest frac-
first one which met my eyes was the follow-
he had escaped from the toils. ©
fice to loo’ for her father.
was gone to try acase at N——.
bewitching little gipsey as ever.
But one day Miss Bessie came to the of-
She might have
recollected had she taken the pains, that he
' But it so
happened that she did not; and ‘only Sam
and I were in the office when she entered.—
There was nothing in‘ her manner which
gave me a chance to guess at the true state
of affairs; she was to soth of us the same
. But when
Iglanced at Sam, I could read his heart like
anopen book. His broad face lit up with a
and thereupon the seid Samuel Saunders in
hi is own proper person complains. For that
whereas, heretofore, to wit, on the frst day
of Apt, in the year al wo of
Pleasant Valley, in the County au Oudamon
aforesaid, in consideration that the said Sam-
there undertaken and faithfully 3 promised the
aid Elizabeth . Littleton to he
said Elizabeth Litfiston, she the said Eliza-
beth Littleton undertdok and then and there
faithfully pros romised the said Samuel Saund-
ers to marry him, the said Samuel Saunders,
in a reasonable time then next following.—
And the said Samuel Saunders avers that hey
rtak-
so much as an advocate, as in the manner
But this, he argued, was not the place or he
manner to punish such offences. The law of -
contracts never was intended to be substi-
tute for the tribunal of conscience. If the
. | plaintiff could show that he was pecuniarily
fhe loser by her fickelness, the jury. might
compensate him. If he could show that ang
more advantageous match had been lost, ang
prospect of advantage blighted, any outward
were matters of which they might properly ~
take cognizance. But of this there was no
pretense. The injury inflicted had spent it-
loss or suffering entailed upon him, thse: ~
. A marks of attentlon to your humb! | smile that made it almost handsome; and | confiding in the said promise and undert self in the inmost heart. , That it was an ia- Y
to him, as he clung to every ‘one of his new | little 3 of attentlon to y lo ser- | smilo that_ ma ; fonaniee :
friends, with 6 tena Li i th always Ma therto remained and con- ‘
‘ends, wit ‘cedike tenacity, Many a| Vant were not without their meaning. Bat from out his great eyes there gleamed such tiete dand still is and ied, and jory, a deep and galling one, he most hum-
clear, crisp October day, when the hills around
Pleasant Valley were echoing the quick re-
, Ports of my fowling-piece, the dingy, office
*. walls only échoed Sam’s droning voice, as he
toiled through contingent remainders and ex-
ecutory devises, reading aloud as if in hopes
that the intricate meaning which eluded his
eyesight might, perchance, creep in by the
2 warm summer afternoons, as, with
|, my feet on tho .window-sill, I watched the
: fumes of an after-dinner cigar,” those same
measured cadences would lull me to sleep.
In winter evenings when Bessie. Littleton
and I were going home from singing school,
we usod to peep in at the-window and sce
* Sam poring over his task. That, as I have
said, was twenty years ago; Sam is quoted
‘now with great respect in tho~ Reports, as
v¢ Saunders, J.; he non-suited me, last week,
“00 one of the very points that I’ first drilled
‘into his skull, twenty years ago! That skull
had such a happy thickness’ that no idea,
once lodged, ever made its escape. ‘But I
am wandering from my sto: :
°. When Sam first came into ‘old Littleton’ 3
Office, we all thought him. an incorrigible
dunce, ‘As such, he was made the subject
of numerous tricks. Practical jokes of all
descriptions he bore with immovable gravity.
Tom Littleton, the ’Squire’s nephew, the wit
-* Of the office and the village, spent his shafts
upon him in vain. “Scott, our. managing
, Clerk, delivered long lectures to him, replete {| %
with such law as never had entered the head
© of mortal man; and when, oar gravity ex.
y heusted, Tom and I rushed out to give our
lnnghter yent, Sam,would gravely reach
down his vast common-place book, and treas-
ure up. Scott’s mendacious. maxims and
a Spocryphal anthoritios with the most ‘Painful
* Ailigence. «
e
Bat theso things soon. iow titesome, even
~ to ourselyes, Sam was too easy a victim to
» afford Jasting sport, and after the first month
ot two we left him to plod on his way alone.
_ By and by the impression gradually grew on
- that Sam was not a man to be despised
Mer all. Slow and plodding he certainly
Was; but there was a world of po fecling
“
this is not to my present purpose, -
Lazily smoking one July afternoon, it in ‘the
position [have described before, a, rustling
of gauze upon the walk struck my ear.’ My
eyes opencd just in time to catch a glimpse
of Bessie as shé passed the open door. Some-
thing white fluttered to the ground as she
vanished. Bessio had dropped be iT handker-
chief.
Now, I don ‘not mean nto say that Bessie i in-
tended to drop her handkerchief, or was cog-
nizant of the loss.” I am aware that hand-
kerchiefs are often dropped by young ladies
in sitaations which entirely Preclude the sus-
picion of, any ulterior purpose. "Iam even
prepared to admit that (except on the stage)
handkerchiefs are more often. dropped acci-
dentally ‘than otherwise.
"Bat yet in the present instance, it was sin-
gular that she should have dropped her hand-
kerchief in that very place. ‘She might have
been aware that I was at that time particu-4
larly’ disengaged, so far #8 office business
was concerned. “Indeed, if the reader: will
remember the position I was occupying, she
could hardly have passed the window with-
out having Ker attention called to that fact.
These reflections, to a mind accustomed, as
that of a student at Jaw in ‘his second year
must be, to the weighing of evidence, led to
anirresistible conclusion. It was clearly my
daty to restore the bandkerebiet to-its fair
owner. ©. <*
Rapidly as “tis train of argument had
passed through my mind, it yet occupied
somé seconds ; and still more were required
to gather myself up and proceed to the exe-
cution of.my mission, with such deliberation
as its importance and the heat of the weath-
er demanded. ° These few. scconds were of
‘vast importance in the! Ife of Samuel Saun-
ders,
Treached the ‘dccrway just in time to see
his ‘huge | figure bending to pick up the deli-
cate fabric, which he bandied as gingerly as
if ithad been one of the cobwebs of the law.
Chagrined as I was to be thus, forestalled, I
could not help smiling at what I flattered
myself would be Bessie's § diseppointments
through them toward the beautiful girl.
glimpse into his character. »
ding labor.
tion and pity 5 for I felt that she had chosen
a very odd couple!” .
_Ayear and more passed Trithout Shakin
times with Sam, sometimes with me, often
with any new comer that relieved the mo-
notony of village socicty. She danced be-
fore my comrade’s_ eyes like a ‘will of the
wisp, or the tempting miragé towards which
the laden caravan toils its weary way/always
sustained by seeing it just ahead, . yet never
diminishing the distance that geil remains to
be passed. »
Our admission to the bar came at last, and
we separated, I to puild air-castles and blow
smoke-wreaths from a fourth story window
in Wall street, and Sam to open an office in
his native village, some ten miles from Pleas-
city life, our village scones, and interests, and
fricadships, soon grew dim and distant. I
began to think of them as of a different
sphere, with which Thad lost my connection ;
and I even found myself speaking and think.
ing of the fascinating Bessie as a pretty Tittle
girl whom I once knew in the country.
my professional lifo—I can hardly say of my
practice—that Istrolled into the rooms of Mr.
Flourish, the eminent counsel, whose office
habit of doing this, for it was pleasant to sce
ee aS
tenderness as if his whole heart were flowing
+ With a smile and a gay word, she flitted
away, and Sam turned back to his desk, and
his eye grew dull and his lips compressed
once more over Chitty. I watched him with
strange interest, for I had just caught a new
Te loved Bessie
Littleton with all the power of his deep, slow
nature, and he had set himself down to win
her by the only: means he knew—patient, plod-
And the next time, I saw. her I
gazed at her with an odd mixture of admira-
a most unfit subject for her arts if she were
but flirting—and if she were not, that Sam
Sannders and Bessie Littleton would snake
much change in Pleasant Valley. , Sam sta-
died, and I smoked, and Bessie flirted, some-
ant Valley. Amid the novel excitements of
Tt was some time in the third summer of
was two floors below mo. » I had got intoa
hath been and sell ° ready an illing to
the said Elizabeth Littleton ; and. al-
though @ reasonable time for the said Eliza-
beth Littleton :to marry him, the said Samu-
el Saunders, hath elapsed. since the making
of the said jast-menti ioned promise un-
dertaking, yet the said Elizabeth Littleton, |.
not regarding her said last-mentioned m=
ise and un ing, but contriving and frand~
ulently intending xnftlly awd, subtly to de-
ceive and injure the said Samuel Saunders
in this bebalf, did not nor would within such
reasonable ‘time as aforesaid, or at any time
afterwar im the said: Samue
Saunders, ‘but hath hitherto wholly neglect-
1 refused so to do, to wit, at the. town
ot Pleasant “Valley aforesaid, in the county
aforesaid. Wherefore the said Samucl Saund-
Cotes cuapren Ik .
° From time immemorial, court week had
beén & ‘period of high festival in Pleasant
Valley; but I could not help faneying, as
we reached the inn, that a more than ordina-
ry interest attended the term which was to
decide the great c case of Saunders vs. Little-
on.
Or : Having casoally remarked that I had ¢ come
up in company with, the distinguished Mr.
Flourish to try that ease on the part of the
plaintiff, I speedily found myself the object
of almost as much curiosity as that eloquent
counsel himself, “That the. very ingenious
efforts made to acquire’ information respect-
ing the private affairs of my former_fellow-
student and Miss Bessie failed, was owing
partly to my natural discretion, and partly
to the fact, that, of all which had‘transpired
since I left the village, I was even more ignor-
ant than my inquisitors themselves,
The next morning after.our arrival the
ease was called, and, in the presence of a
more crowded auditory than Oudamon Court
House had ever before contained, Mr. Flour-
ish opened for the plaintiff.’
The evidence was brief, but decidedly to
tho point. * It consisted chiefly of a scrics of
Ictters from the defendant, which established,
very conclusively, the following facta: first,
after a long and sssiduous courtship, on bis
« toa %
bly confessed; but it was ono which could
not be estimated in ‘dollaré and cents. The
highest verdict claimed would not mend the
plaintifi’s: heart one whit ; the lowest possi-
ble would more than compensate his pocket,
* All this seemed to me very good sense ;
and yet I was convinced that it would have
but little weight. with the jury. In private
life those twelye men would probably have
‘reasoned inthe same manner; butin the ja-
pensate, with pecuniary damages, all the
sufferings and evils of the world, .
\ Flourish knew well this idiosyncrasy of ©
jurymen, for it is one by no means confined
_ | to the panel of Oudamon county; and he*
fr
framed his reply accordingly. Under the
“'| charm of his forvid eloquence, Sam (who,
in rugged health, and with a bag full of bricfs
sat just behind him) became the most deject-
ed, the most blighted, the most broken-heart-
ed of sufferers. Bessie (who sat on tho oth-
er side, with that same bewitching smile as .
of old, rendered only still more fascinating”
by a puzzled look, as hardly knowing whethe
er télaugh or try,) grew into the most artfal
and dangerous of foes to human happiness!
whose power for ill those intelligens jury?
men were called upon to destroy, by the ail:
powerful spell of exemplary damages,
Mr. Flourish wiped the perspirstion from
his brow, and sat down ;‘and the jury. were
charged in the’ most approved manner.
“If the gentlemen of ‘tho j jury were convin-
cod, said his Honor, that the plaintif? should
have a verdict, they would,
im one, unless, i
discretion,
the facts in the case, they thou ht fit to find
for the defendant, Ag "tor the raeasure of
damages, that, of course, was entirely with-
in their province; yet, at the samo time, he —
might be allowed to suggest that if they took.
one view of the case, those damages might
be estimated at a high rate; while if, on the .
contrary, they took a different view, it would:
be highly Proper ack to give | Ee) Inge & Yer...
dict. .
, of course, * give
in tho exercise of a sound
ry-box they felt it thoir solomn duty to com~ |
and upon a careful review of all .
