Bart Ridgeley: A Story of Northern Ohio

by A. G. Riddle

A case finally arose, of unusual importance in the domestic tribunals; it attracted much attention, helped to bring him forward in a small way, and gained him much reputation among some persons whose esteem was enviable.

Old man Cole, "Old King Cole," as the boys derisively called him, an inoffensive little man, with a weak, limp woman for a wife, and three or four weaker and limper children, had for many years vegetated on one corner of an hundred-and-sixty acres of woods, having made but a small clearing, and managed in some unknown way to live on it. His feeble condition exposed him to imposition, and he was the butt for the unthinking, and victim of the unscrupulous and unruly. For some years his land, a valuable tract, had been coveted by several greedy men, and especially by one Sam Ward. Failing to induce Cole to sell what right it was admitted he had, Ward, as was supposed, attempted to intimidate, and finally to annoy Cole to such an extent, that for peace and safety he would willingly part with his possession. He was one of the earliest settlers, had become attached to his land, and declined to be driven off.

A lawless set of young men and boys were Ward's agents, although his connection with them was never made very apparent, and had committed various depredations upon the old man; until one night they made a raid upon his premises, cut down several fruit-trees, filled up his spring, tore down his old barn, and committed various acts of trespass of a grave character. It would seem as if some intelligence controlled their movements; no act criminal by the statutes of Ohio had been committed, and, so far as was suspected, none but those under age had been concerned in the affair.

Poor old Cole, an object of derision, was barely within common sympathy; and living remote, few knew of, and fewer cared for his misfortunes. He applied for advice to Bart, who was indignant at the recital, and entered upon an investigation of the outrage with great energy. He was satisfied that the fathers of the trespassers could not be held for their acts, that no breach of the criminal laws had been committed; but that the boys themselves could be made liable in an action, and that on failure to pay the judgment, they could themselves be taken in execution and committed to jail. He at once commenced a suit for the trespass before a magistrate, against all whom he suspected.

The commencement of the suit caused greater excitement then the perpetration of the outrage. Many of the young men belonged to respectable families, while many were old offenders, who had been permitted to escape for fear of provoking graver misdemeanors. It was known that Bart had taken up the case, and there was a feeling that he had at least the courage to encounter the dangerous wrath of the young scamps; the only ground of apprehension was that he had mistaken the law. The popular impression was that an action could not be maintained against minors.

On the return-day of the summons Barton appeared, and demanded a jury, then allowable, and the time for trial was fixed for the fifth day afterwards.

In that day, with the exception of one or two small lawyers at Chardon, and Ford at Burton, there were none within twenty-five miles of Newbury, and the legal field was gleaned in the magistrates' courts, as in all new countries, by pettifoggers, of whom nearly every township was made luminous with one. Of these, the acknowledged head was Brace. In ordinary life he was a very good sort of a man, not without capacity, but conceited, obstinate, and opinionated; 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.