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his legions, and nobody to blame.' It is by no means hooped skirts, and perked-up bonnets, but the high-bedizened semi-barbarous contadini, and their like, that assort well with Trevi mountains, the ivy-draped Coliseum and aqueducts, the bare Campagna, with its flashing sunshine, and the Albanian hills, with their towered eyrie-like villages, their burnt steeps and gorges, their vineyards, and their interspersing groves of olive, ilex, and stone pine.
THE UPRISING OF THE NORTH.
BY MRS. M. E, HEWITT STEBBINS.
THEY are coming! Lo! their banners !
Lo! the freemen of the North!
They have come resistless forth.
There are swart and sturdy farmers
From the clover-fields in bloom,
From the spindle and the loom.
Lo, they come! men rough and hardy
Give them welcome from your lips !
Weavers of broad sails for ships;
They who force abundant harvests
From a cold and sterile soil ;
And the furnace-blast of toil;
And the scholars from their chambers —
These have risen at our call,
Beats in the breast of all.
And these with trust in PROVIDENCE,
Are bearing on the swore;
With the blessing of the LORD.
A LEGAL FACT.
BY FRANK FELTON.
On! yes, oh! yes, oh! yes! The Circuit Court is now met, pursuant to adjournment,' cried the Sheriff, and Judge Melvin took his seat upon the bench. Immediately hats were off, seats were assumed, and every thing became as still as a country school-house upon the entry of the grim old pedagogue.
The record of the proceedings of the day before was read by the clerk. Judge Melvin signed his name, and then motion-hour began, proceeded, and ended at the expiration of one hour. Judge Melvin then called the people's docket, but none of the defendants were ready.
Gentlemen,' said the Judge, the court has adopted the following rule: Upon the calling of the docket, each case, as it is called, must be disposed of or continued, before the calling of the next cause. This rule will go into operation to-morrow morning.
The business of the court then proceeded in the usual manner, interrupted only by adjournment for dinner, until by the sheriff it was aloud proclaimed : • Circuit Court is now adjourned until to-morrow morning, eight o'clock.'
"Well, Beauchamb,' said James Morris, one of the members of the bar in attendance upon the court, 'I want you to come over to the hotel to-night, and we will have an oyster-supper. Beaumont, Joe, and several other young lawyers will be there, and we can have a good time.'
Well, Morris, I'm obliged to you; but I cannot come to-night, as I have two cases to try to-morrow, and I must post up on the law, or I shall not be ready for trial when the cases are called.'
“Now, Beauchamb, that is too bad. You must come. What cases are they? Am I interested in them?'
"You are for the plaintiff in one of them, and Murray is for plaintiff in the other. The first is Holt o. Smith, and the second is Horton v. Black.'
That is better than I expected. I am interested in both cases. I am Junior Counsel in Holt v. Smith ; but I heard old Murray say this morning that we would have to continue it, as one of our witnesses is absent. And in Horton v. Black, you are mistaken, it does not come up till day after tomorrow. What number is it?'
‘One hundred and ten,' said Beauchamb, turning to his private docket.
“Yes, that's right. But I have it on my docket the first case for the fourth day, and you have it the last on the third day. But one hundred and nine is the last case for the third day, and one hundred and ten is the first for the fourth day.'
• Are you certain of it?'
Just as certain as I am that I am standing here.' •Well, then, I guess I shall be over to-night.'
'I hope so. Be there as early as you can.' 'I will.'
So saying, Beauchamb proceeded on toward his office, while Morris went into the hotel. On his way, Beauchamb met Murray, who told him not to be uneasy about Holt v. Smith, as he should continue it in the morning. Beauchamb thus assured of Morris' honesty in one case, felt reässured as to the other, and thought no more about the matter.
“Now, boys! We're all right now for a good time. Here's the oystersoup, the wine is on the way, and I say emphatically, we 're bound for a good time,' said Morris to his assembled cronies prior to Beauchamb's arrival. “Now, boys, we must get Beauchamb drunk to-night. I intend to drug whatever he drinks, so as to keep him out of the way to-morrow, as a case in which I intend to make three hundred dollars if I win it, will come up to-morrow earlier than he expects. It is set the last case for to-morrow, but it will be reached tomorrow morning, as nearly all the cases before it will be continued. So you see, if Beauchamb is not there, under the rule of to-day, he will lose the case.'
"Well, we 're all right,' said one of them, and a few moments afterward Beauchamb entered. They soon demolished the oysters and other edibles. Morris then passed around the wine, handing Beauchamb a glass drugged with morphine.
* Excuse me, Morris, as I am opposed to the use of wine. I never drink it. But please to hand me a cup of coffee, and I'll endeavor to be sociable with that.'
Well, so be it. I never wish to force a man to do any thing against his will,' said Morris, as he poured out the coffee. As soon as he had poured it out, he affected to hear some one at the door, and walking to the door, he opened it and stepped out, cup in hand. While there, he poured some morphine from a small paper into the coffee, and then returning to the room, handed it to Beauchamb, who unsuspectingly drained the cup, and ere long his head was upon the table fast asleep. They put him to bed in one of the rooms at the hotel, and left him.
‘Holt v. Smith: are the parties ready for trial,' said Judge Melvin after motion-hour next morning.
“We are ready, your honor, on the side of the plaintiff,' said Morris.
"Stop, Mr. Morris, you are entirely too fast,' said Murray, the senior counsel. : 'I have, your honor, just filed an affidavit for a continuance, and as Mr. Beauchamb, the counsel on the other side, is absent, I would suggest that the question be postponed until to-morrow morning.'
"Very well,' said the Judge, making the entry upon his docket. The next case was then called, and upon motion of counsel continued, and so with the next, and the next; then some cause in which there was judgment by default, then one or two brief jury-trials, and then Horton o. Black was called,
"Are you ready, Mr. Morris,' said the Judge.
Henry Beauchamb, Henry Beauchamb, Henry Beauchamb!' called the Sheriff, but no answer came.
Mr. Sheriff,' said Murray, 'send a messenger to Beauchamb's office. Perhaps he is busy there.'
The messenger went and came. Beauchamb was not there, and after some delay Judge Melvin gave judgment by default.
Next morning Beauchamb came into court, and soon as motion-hour began, rose and moved a continuance in the case of Horton v. Black.
That case was disposed of yesterday,' said the Judge.
'It was the first cause for to-day, so Morris told me night before last,' said Beauchamb.
“You lie,' said Morris ; 'I told you no such thing.'
Scarcely had the words left Morris' mouth ere he lay sprawling on the floor, prostrated by one powerful blow from Beauchamb.
The sheriff then stepped between them, and the Judge, after fining each of them, one for a blow and the other for disgraceful and ungentlemanly language in the presence of the Court, proceeded with the business as if nothing unusual had happened.
A few days after Court was over, a young man called upon Beauchamb in his office, and told him that he wished to sue the hotel-keeper for wages, etc., and after talking a while about the business, said to him, that he could not afford to pay him much of a fee, as having lost his place and having his mother to support, he needed all the money he could get.
"Oh! never mind. I'll not charge you any thing now, and you can pay me whatever you please, when you feel able, and I shall not care if I never get any thing.'
"God bless you, Mr. Beauchamb. Whenever you want any thing done, just call on me, and if I am able, I'll do it for you.'
• All right, Billy. How long have you been at the hotel ?'
About a year.'
“You know, then, that I was asleep up there nearly all of the next day. Now I would like most devilish well to know what made me so sleepy.'
'Did you drink any thing, Sir ?'.
Nothing but coffee.' 'Did that lawyer Morris pour out and hand you the coffee ?' “Yes, he did. 'Did he ever give you any coffee after he came in from the hall ?'.
“Yes, I remember he did go out in the hall after he had poured me a cup of coffee. But what has that to do with the question ?'
"A good deal, for I was standing at the top of the stairs when he came out with the cup in his hand and poured something white in it out of a little white paper he took out of his vest-pocket, and then went back into the room.'
'Oh! yes, I see it all now, and I'll make him suffer for it yet.'
Not amb told him bout an hour be. I ca
Not long after this, Mr. Horton, the defendant in Black v. Horton, called in. Beauchamb told him how it was that he lost his case. Horton was satisfied and went out. In about an hour he came back.
'Look here, Beauchamb,' said he, “I can't understand this. Here is a judg. ment against me on a note of four hundred and fifty dollars and interest and costs. The note is on file at the Clerk's office, and it is undoubtedly signed by me; but I'll swear that I never gave Black a note for that amount in my life. I gave him one for one hundred and fifty ; and I'll be d—d if I ever pay him the four hundred and fifty.'
Well,' said Beauchamb, “I never noticed it. I had not yet drawn up my plea in the case, and never noticed the copy of the note. You had better go and see what Black says about it. Perhaps it is a mistake.'
Next day Horton came back, and handed Beauchamb a paper, which Beauehamb took, and read as follows:
0—, N., Nov. 18th, 1855. Received of Samuel Black, for collection, 'a note for one hundred and fifty dollars, with ten per cent, after due, payable one year after date to Samuel Black, or order; dated June 18th, 1853, and signed by Henry R. Horton.
'JAMES MORRIS, Attorney, etc.' “Well, Horton, we'll have to head Morris in this rascally way of stealing. We will first file a bill to restrain and enjoin the collection of that judgment, and then see if we can't catch him for forgery.'
"Oh! yes, Oh! yes, Oh! yes!' and the Circuit Court was began. Record is again signed, and motion-hour is again over, and Judge Melvin again calls his docket.
Gentlemen, the first case this morning is, “The People v. James Morris.' Is the defence ready ??
“Yes, Sir,' said Sloan, the counsel on that side. * Very well, let a jury come to try the cause.'
‘Your honor has not asked whether the prosecution is ready,' said the State's Attorney.
"The Court supposes that “The People are always ready,' said the Judge.
"Well, Sir, as it happens, we are ready now,' said the State's Attorney, “but, your honor, you go upon a very violent presumption.'
“Yes, Sir, very violent indeed.'
The jury was then slowly empannelled, and the opening statements of coun. sel were made.
'Is Mr. Black, Samuel Black, in court ?' said the State's Attorney.
Mr. Black was then sworn, and took his place upon the stand ; that place, wherever it may be, that most coïncides with the ideas that counsel have of the best place for a witness to stand.
He then identified the receipt that Morris had given him for the note, and also the note, and swore to the alteration and changing of the figure 1, in the body of the note, to a figure 4.