Rensselaer Republican, Volume 14, Number 46, Rensselaer, Jasper County, 3 August 1882 — Mixed. [ARTICLE]

Mixed.

The following comes from Georgia, and its accuracy is vouched for bv the stenographer who took it down: “Judge was noted for the way he got mixed in his charges to the jury. On one occasion a case was tried before him, the points of which may be briefly stated thus: Smith brought suit against Jongs upon a promissory note given for a horse. Jones’s defense was failure of consideration, he averring that at the time of the purchase the norse had the glanders, of which he died, and that Smith knew it. Smith replied that the horse did not have the glanders, but nad the distemper, and that Jones knew it when he bought it. The judge charged the jury: -“Gentlemen of the jury, pay attention to the charge of the Court. You have already made one mistrial of this case because you did not pay attention to the eharge of the Court, and I don’t want you to do it again. I intend to make it so clear to you this time that you cannot possibly make any mistake. This suit is upon a note given for a promissory horse. I hope you understand that. Now, if you find that at the time of the sale Smith had the glanders, and Jones knew it, Jones cannot recover. That is clear, gentlemen. I will state it again. If you find that at the time of the sale Jones had the distemper, and Smith knew it, then Smith cannot possibly recover. But, gentlemen, I will state it a third time, so that you cannot possibly make a mistake. If at the time of the sale Smith had the glanders, and Jones had the distemper, and the horse knewit, then neither Smith, Jones, nor the horse can recover. Let the record bo given to the jury.”