But stop. To be regular, and provide for fresh causes, we must take no notice of the borough and lands, the real objects in view, but stick fast to the tree, which is of no importance at all.
ALL.
True, true.
Sir LUKE.
Brother Circuit, you may proceed.
Mrs. CIRCUIT.
Gentlemen of the Jury.—I am in this cause counsel for Hobson, the plaintiff.—The action is brought against Nebuchadonezer Nobson, That he the said Nobson did cut down a tree, value two-pence, and to his own use said tree did convert.—Nobson justifies, and claims tree as his tree. We will, gentlemen, first state the probable evidence, and then come to the positive: and first as to the probable.—When was this tree here belonging to Hobson, and claim'd by Nobson, cut down? Was it cut down publicly in the day, in the face of the sun, men, women, and children, all the world looking on?—No; it was cut down privately, in the night, in a dark night, nobody did see, nobody could see.—Hum—And then with respect and regard to this tree, I am instructed to say, gentlemen, it was a beautiful, an ornamental tree to the spot where it grew. Now can it be thought that any man would come for to go in the middle of the night, nobody seeing, nobody did see, nobody could see, and cut down a tree, which tree was an ornamental tree, if tree had been his tree?—Certainly no.—And again, gentlemen, we moreover insist, that this tree was not only ornamental to the spot where it grew, but it was a useful tree to the owner; it was a plumb-tree, and not only a plum-tree, but I am authored to say the best of plum-trees, it was a damsin plum.—Now can it be thought, that any man wou'd come for to go, in the middle of the night, nobody seeing, nobody did see, nobody could see, and cut down a tree; which tree was not only an ornamental tree, but a useful tree, and not only a useful tree, but a plum-tree; and not only a plum-tree, but the best of plum-trees, a damsin plum? Most assuredly no.—If so be then, that this be so, and so it most certainly is, I apprehend no doubt will remain with the court, but my client a verdict will have, with full costs of suits, in such a manner and so forth, as may nevertheless appear notwithstanding.
Sir LUKE.
Have you done, Mr. Serjeant?
Mrs. CIRCUIT.