Bart Ridgeley: A Story of Northern Ohio

by A. G. Riddle

On the day, parties, witnesses, court, jury, and counsel, were on hand—a larger crowd than Newbury had seen for years. The case was called and the jury sworn, when Brace arose, and with a loud nourish demanded that the plaintiff be nonsuited, on the ground of the nonage of the defendants, and concluded by expressing his surprise at the ignorance of the plaintiff's counsel: everybody knew that a minor could not be sued; he even went so far as to express his pity for the plaintiff. Bart answered that it did not appear that any of the defendants were under age. If they were infants, and wanted to escape on the cry of baby, they must plead it, if their counsel knew what that meant; so that the plaintiff might take issue upon it, and the court be informed of the facts. The court held this to be the law, and Brace filed his plea of infancy. Bart then read from the Ohio statutes that when a minor was sued in an action of tort, as in this case, the court should appoint a guardian ad litem, and the parol should not demur; and he moved the court to appoint guardians ad litem, for the defendants.

Brace's eyes sparkled; and springing to his feet, he thundered out: "The parol shall not demur—the parol shall not demur. I have got this simpleton where I wanted him! I didn't 'spose he was fool enough to run into this trap; I set it on purpose for him: anybody else would have seen it; anything will catch him. The case can go no farther; the phrase, may it please the court, is Latin, and means that the case shall be dismissed. The parol, the plaintiff shall not demur, shall not have his suit. Why didn't Ford explain this matter to this green bumpkin, and save his client the costs?"

Barton reminded the court that the statute made it the duty of the court to appoint guardians ad litem, which was a declaration that the case was to go on; if it was to stop, no guardians were needed. Brace had said the terms were Latin; he presumed that his Latin was like his law; he thought it was old law French. He produced a law—dictionary, from which it appeared that the meaning was, the case should not be delayed, till the defendants were of age. Guardians should be appointed for them, and the case proceed, and so the court ruled.

Bart went up immensely in popular estimation. Any man who knew a word of Latin was a prodigy. Bart not only knew Latin, but the difference between that and old law French. Who ever heard of that before? and he had lived among them from babyhood, and they now looked upon him in astonishment. "It does beat hell, amazingly!" said Uncle Josh, aside.

After brief consultation the court appointed the fathers of the defendants their guardians, when Bart remarked that his learned and very polite opponent having found nurses for his babies, he would proceed with the case, and called his witnesses.

Against two or three of the ringleaders, the evidence was doubtful. When Bart moved to discharge three of the younger of the defendants, Brace opposed this. Bart asked him if he was there to oppose a judgment in favor of his own clients? The court granted his motion; when Bart put the young men on the stand as witnesses, and proved his case conclusively against all the rest.

What wonderful strategy this all seemed to be to the gaping crowd; and all in spite of Brace, whom they had supposed to be the most adroit and skilful man in the world; and who, although he objected, and blustered, and blowed, really appeared to be a man without resources of any sort.

Barton rested his case.

Brace called his witnesses, made ready to meet a case not made by the plaintiff, and Bart quietly dissmissed them one after the other without a word. Then Ward, who had kept in the background, was called, in the hope to save one of the defendants. Him Bart cross-examined, and it was observed that after a question or two he arose and turned upon him, and plied him with questions rapid and unexpected, until he was embarrassed and confused. Brace, by objections and argument, intended as instructions to the witness, only increased his perplexity, and he finally sat down with the impression that he had made a bad exhibition of himself, and had damaged the case.

It was now midnight, when the evidence was closed, and Barton proposed to submit the case without argument. Brace objected. He wanted to explain the case, and clear up the mistakes, and expose the rascalities of the plaintiff's witnesses; and the trial was adjourned until the next morning.