Bart Ridgeley: A Story of Northern Ohio

by A. G. Riddle

Basil Hall went to that spring, and built and occupied, because he owned it. His very settlement and occupancy was a proclamation of ownership—an assertion of right—the most satisfactory, and so the Court would say. Here he read from the Ohio Reports, to show that a parol claim, without any written color of title, was sufficient to make the claim. He then referred to the evidence of Bullock, that Hall did by word claim such right; that the claim was acknowledged by Cole, who bought and paid for it. If Hall had been without claim of right, Cole would have turned him out; but he acknowledged it, bought, got it, and held it. The word of Ward could not be taken; he was interested; if taken, it could not be believed; if believed, it proved nothing, for the admission of Hall to him, that he had no right, was made after Hall had sold out, and hence not evidence against the purchaser, all of which he forcibly illustrated; and the proposition was conceded to be law. He claimed that this defence under the purchase from Hall, was perfect in itself.

His defence of Bullock from the attack on him, was forcible and beautiful. The old man was a hunter, had been a soldier, etc., and the unforgotten Indian battles of the recent war flashed before the jury, and all the sylvan romance of a hunter's life was reproduced as by magic.

In the second place he contended that Cole made an absolute defense on his claim of title under his deed; no matter though John Williams, Junior, was the bastard of a bastard; his deed was good to make a claim of title under, by the common law of England, and that of every State of the United States; and he read authorities to the Court.

He then showed pretty conclusively that Cole left Connecticut in the spring of 1817, and was not a year and two months on the road; that he came in in 1817, and not in 1818; and this, he said he would demonstrate. John Fowler, Hiram Fowler's son, had sworn positively that his father worked for Cole, repairing the fence on the north. Ward swore to the same; he had told this one bit of truth by some unaccountable accident; so that the plaintiff had also proven that Hiram Fowler had worked for Cole on this land, and hence Cole was in possession of it in the lifetime of Fowler. When did Fowler die?

"Now," said Bart, "I will read from this probate record, already put in evidence, but not read," and he opened and read from the record of the Court, begun and held in the court house at Chardon, for the county of Geauga, commencing April 17, 1818, the appointment of an administrator on the estate of "Hiram Fowler, late deceased, of the township of Newbury, in said county," and closed the book with a clap. "Thus this record of absolute verity declares that Hiram Fowler had died before April, 1818, and the plaintiff and defendant both prove that he was alive, after Cole came into this State. Beyond the possibility of doubt then, Cole came to the possession of this land in 1817, and his title is perfect in law, equity and morality."

When he closed this part of his case, a murmur almost of open applause ran through the densely packed house. Here he rested the argument.

In a rapid resume of the case, he seemed to have stumbled upon the two little grass-grown graves of Cole's children, up under the old maples. He paused, hesitated, faltered, and stopped, tears came to his eyes, and his lips quivered. No art could have produced this effect, and a sob broke from many in the court room. Suddenly resuming, he finished his grouping in a saddened voice, and paused for a moment, sending his eager glance through the court room, till it finally rested on the face of Sam Ward. Looking at him, in half a dozen sentences, he pilloried him for the scorn and derision of the jury; and then turning to them, in a voice of wonderful sweetness, half sad and regretful, he committed the case to them, and sat down.

A great hum like that of swarming bees, ran through the court house, and men who had looked often into each other's eyes, looked again, with a joyous sense of relief.

During some parts of his speech, which occupied an hour and a half, men at times leaned from all parts of the room towards him, open-eyed and open-mouthed. At others they swayed gently to and fro, like tree tops in a breeze; and when he sat down, the oldest at the bar—the President on the bench—felt that it was among the best speeches they had ever heard, if not the best. The youthfulness of the orator of course enhanced its effect. It had some faults of redundancy, both of words and imagery, but its tone and manner were admirable. At times his delivery was very rapid and vehement, but his voice, always rich and full, never broke, or seemed strained; while in the moments of excitement, every nerve and fibre of his form quivered with the intensity of his emotion. His form was lithe and elastic, and admitted of easy, rapid and forcible action, which was never more than was allowable to one of his passionate temperament.

When he closed, almost everybody supposed the case was ended. Wade arose with a radiant face, and said the defense rested the argument on that which had just been delivered.