“You needn't be afeerd o' that jury. There's two men on it which
they knows me, and which also likewise I knows them.”

The Judge hesitated. Mr. Sandidge, foreseeing the effect upon both
of an exposure of what was the fact, that he had instructed the witness
not to obey the call, withdrew his motion.

“I do this, may it please your Honor, not from anything my brother
Mobley has said in his argument, nor from his insinuations, and so
forth, and so forth. The showing is a sufficient one; but I'll waive it,
I'll waive it, sir.”

And Mr. Sandidge gave such a mighty sweep with his long arm that
Mr. Sanks had to dodge in order to prevent his hat being knocked off.
Yet that official seemed greatly to admire the action, and also likewise
sat down in a chair and giggled.

“Yes, sir,” continued Mr. Sandidge, “I'll waive it, and I think I am
prepared — I say, I think I'm prepared” (noticing the dissatisfaction of
the Court with the direction the matter was taking) “to end this case in
short order. The defendant is ready.”

The jury were in the box. Mr. Mobley proceeded with his case. It
was a simple action upon a promissory note given by the defendant to
the plaintiff, who was a merchant from Augusta. He read the declaration,
exhibited the note, and closed.

Mr. Sandidge rose, and with a smile which was meant to assure all
present that he was expecting a speedy triumph, remarked that this
was a case which he apprehended would not long be occupying the
time of the Court and time of the country. He then announced to Mr.
Mobley, that upon consulting with his client he had just discovered
that the consideration of the note sued on was usurious, and that his
conclusion being to rely on that defence solely, he should be compelled
to ask for time in order to make out the plea, unless counsel would
agree to consider it in already. Mr. Mobley, turning to his client,
who assured him that it was false, allowed him to proceed.

A witness, the same who had been called, and who was sent for
privately by Mr. Sandidge, went to the stand. After the usual preliminary
that he did not in particular charge his mind, not expecting
to be called on, he did testify that he was present at the giving of the
note, and that he heard the parties say that it was in settlement of
accounts of three or four years' standing, which the plaintiff held
against the defendant. In answer to a question from Mr. Mobley if
anything was said about extra interest, the witness declared that he did

[figure description] Page 066.[end figure description]

not in particlar charge his mind, not expecting to be called on.
None but Mr. Sandidge would have seen any advantage to be obtained
from such testimony. But he looked most gratefully at the witness,
expressed himself fully satisfied, dismissed him, smiled benignly on
the jury, compassionately on Mr. Mobley, then sat down with the air
of a man who had satisfactorily finished one piece of business and
after a little rest would be ready for another.

Plaintiff's counsel looked at the Judge with an expression which
seemed to say, “Surely no fool, not even you, would admit such testimony.”
The Judge looked at him, and his expression seemed to ask,
“What do you say to that, Mr. Mobley?” The latter avowed his
belief that in all judicial history a thing so absurd had never been
proposed, and he moved to be allowed to take his verdict. Mr. Sandidge
began at once to argue the law point, and was proceeding to say
that in all his recollection, in a practice of twenty-five years and better,
he had never seen a case where interest could be collected on open
accounts. “But, may it please your Honor, the plaintiff in this case —
and these Augusty merchants”—

“Go on to the jury!” thundered the Judge.

Mr. Sandidge bowed, and turned to the panel. “Gentlemen of the
jury, these Augusty merchants as a general thing always know what
they are about. I say always — not a single exception;” and he
bestowed on the plaintiff a look fully significant of his admission that
he was entitled to his share of the encomium thus passed upon the
class of which he was an individual.

“These Augusty merchants know more in an hour about some things
than we plain country-people know in a week. And it is reasonable
to suppose that they do, and that's because they are Augusty
merchants.” Then Mr. Sandidge took a big smile and a small drink
of water, and oh how cunning he did look as his eyes peered over the
tumbler at the jury.

“Why, gentlemen, what chance have we got, away off here in the
country, to keep up along with them Augusty merchants? We don't
have the boats, and the power of the wagons, and the thousands of
cotton-bags, and tobacco-hogsheads, and the fine brick war-houses,
and the hardwar-stores, and the other stores that always keeps full of
one particlar kind of goods, and sometimes more in one of 'em there
than there is in every store in this here town — yes, and them in Dukesborough
put together. Why, gentlemen, if Tommy Rickles was to go

[figure description] Page 067.[end figure description]

to Augusty — you aint never been there, have you, Tommy? No —
you may tell from Tommy Rickles' looks and from this case that he's
never been to Augusty. But if he was to go there, and was to want
to buy a dog-knife for his little boy, Tommy Rickles would just as apt
to go into a store that had nothing but calico and dry-goods; and
when they laughed and told him they was jest out of knives, he might
go to a hat-store, and then into a shoe-store, and then into a candy-store—
yes, gentlemen, into a store that the shelves was farly linded
with jars of candy and nothing but candy. And so it might be an
hour before he got to a hardwar-store and found a dog-knife for his
little boy; and then ten to one Tommy Rickles couldn't find his way
back to his wagon.”

Oh how Mr. John Sanks did laugh at Tommy during this harangue!
not loudly, but heartily and good-humoredly. And then how innocent
and pitiful Tommy did look, and how ashamed of his ignorance! The
jury smiled approvingly with Mr. Sanks; but Tommy looked so bashful
and bad that they got sorry for him and quit smiling.

“I say, gentlemen of the jury,” continued Mr. Sandidge, “we don't
know anything at all to compare with these Augusty merchants. But
still there are some things that we do know, if we do live here in the
country where there aint any boats, and hat-stores and candy-stores
and hardwar-stores; and one of them things is that you ce-ant collect
interest on open accounts. We all know that — that is, all except
Tommy Rickles.”

General laughter, notwithstanding that Tommy looked still more
pitiful. Mr. Sanks winked at the two jurymen which he knew and
which also likewise knew him. Mr. Mobley noticed this action, but
perhaps he did not mind it.

“And, gentlemen, Tommy Rickles knew it too, if he had thought
about it and hadn't been with a Augusty merchant, and hadn't been
thinking of the boats, and the power of the wagons, and the hat-stores
and the shoe-stores and the candy-stores and the hardwar-stores, and
got his senses all mixed up, and confused up, and muddled up together,
as it war.”

Continued laughter, several of the jury appearing to be fully satisfied.
The Judge waxing stern at the disorder, Mr. Sandidge had to moderate
his humor, and concluded by arguing, as heatedly and seriously as he
could, that interest not being collectible on open accounts, even the
defendant ought not to have included it in the note, and that therefore

[figure description] Page 068.[end figure description]

the whole transaction was usurious. With another avowal of his desire
not to take up the time of the Court and the time of the country by
arguing so plain a case, he sat down, his countenance expressing both
a virtuous indignation at a great wrong which was attempted, and a
proud satisfaction that it could not be done over his shoulders.

Mr. Mobley felt, that with all the prejudices of the Judge against
himself and his weakness on the subject of usury, he was in some
danger of losing his case. He spoke with great energy on the
absurdity of the defendant's plea, and of its plain dishonesty. In the
midst of his argument, Mr. Sandidge flippantly asked him for his
authorities. This was done of course to embarrass him, as he would
have been forced to admit that there was no authority on such a point.
But he had now gotten too high to be reached by Mr. Sandidge.

“I am asked,” he said, “for the production of authority that the
giving a promissory note in liquidation of a just debt is not usurious.
I am thus asked by a lawyer of twenty-five years' practice — a lawyer
who is old enough and prominent enough to be what it behooves every
lawyer to be, a conservator of public tranquillity and private integrity —
one who, with all his boasted contempt of legal precedents and his
real ignorance of them, yet knows full well that in no Court of Justice,
even the most insignificant, was this question, or any other one so
absurd as this, ever raised; and whose only reason for raising it at this
time was his knowledge of the existence of dishonest habits and unreasonable
prejudices which, as a leading citizen, he ought to be one
of the last to encourage. Violent as the presumption often is, and far
from the very semblance of truth, it is nevertheless a presumption
that Judges know the laws; and it ought to be the habit of attorneys
and solicitors, especially those of experience and influence, to refrain
from raising questions, a moment's entertainment of which by any
Court is sufficient to deprive it of the respect of all men. But it has
remained for this day to witness that the highest Court in one of the
sovereign States of this Confederacy shall be insulted in its dignity
and majesty by a course of conduct which seems to have been designedly
pursued in order to test the sanity of that Court's presiding officer.
Assuredly to no other mind than to that of the counsel had it been
possible to fail to occur, that an insignificant advantage in a suit at
law was scarcely worth the having when it was to be gained in a way
which, to say nothing of its influence upon his client, would establish
either the stultification of the Court, or” (and he looked fixedly and

[figure description] Page 069.[end figure description]

fearlessly into the Judge's face) “raise the suspicion of a yet greater
infirmity. Even if he should consider himself as so great a friend to
the Court, whether from past favors or present adulation, or from any
other cause, as to think himself entitled to the exalted privilege of
being its favorite, one would have supposed that, if for no other
reason, at least from motives of prudence and decency, he would have
confined his conduct within that sphere where there would have been
left at least a doubt as to what judgment that conduct ought to receive.
It is a duty which we owe even to our private friends not to demand
a service of which there can be found no reason but friendship to
justify the rendering, while every other reason but friendship would
demand its refusal. There are some services which no ardor of
friendship is adequate to procure — some indeed which a proper and
worthy friendship would be the last to exact.”

A large crowd had gathered into the Court-room, attracted by the
vehemence of the young lawyer's declamation. He was an eloquent
speaker, and his speech was telling upon the bystanders. He saw it,
and it stimulated him to continually increasing endeavor.

“There is a vulgar maxim that there is nothing to be lost by the
asking of favors. The counsel has long and well learned how to
profit by it. His successful experience in this respect, while it reflects
no great honor upon his sincerity, or even upon his ingenuity, pays a
consideration to the source from which these favors flow, which it is
impossible to be considered as in the smallest degree respectful. I
warn him this day of the necessity to beware how he abuses an influence
which his every action shows that he is conscious of exerting.

“There is a decorum which men, even of the greatest ability, when
in the enjoyment of honors, even those the most fairly won, cannot
neglect with impunity. Let him, then, especially beware, the success
of whose career is mainly dependent upon favor. For granting that
the power which, strange as it is, he may truly think that he has immeasurably
above others succeeded in conciliating and controlling, is
absolute and unlimited, yet when it shall at last of all others become
convinced that such a control is no longer compatible, not only with
the appearance of respectability, but even with its own security, and
shall, as it assuredly will, withdraw from him the favor in which he
seems to live, and move, and have his being, he must then know how
vain will be the late pursuit of those other and higher means of success
which it has been his constant habit to neglect. And even if this

[figure description] Page 070.[end figure description]

should come to pass, if dullness shall never be able to be conscious
of and to resist a control which binds it like the spell of the charmer,
surely, in a country so free and so humane in all its institutions except
its Courts of Justice, in a country where there are so many good and
brave men — men who have been good enough and brave enough to
resist and to destroy every other form of tyranny, it is not too much to
expect that the time must come, and come soon, when this last form
must yield to the necessities of an advancing civilisation, and follow
the fate of those which have gone before it. Surely, surely, it cannot
long remain that a free people, who have broken the last shackle of
political despotism, must continue to bow in abject submission before
another which is the more odious because their own hands have
created it, and because their own hands may peaceably destroy it.”

Mr. Mobley spoke for half-an-hour in this strain, during many parts
of which, Mr. Sandidge, smiling as he was, was rather piteous to be
seen; and when he spoke of the merits of the plea itself, Tommy
Rickles, but that he had the great Mr. Sandidge for his friend, would
have felt as if he ought to be in the Penitentiary.

In the midst of this harangue, one of the jury, a Sanks and Sandidge
man, rose up and hastily rushed out of the box. Upon being caught
and brought back, he was asked by the Judge why he had left his seat.
The man, looking timidly at Mr. Sanks, answered:

“Ef it mout please the Cote, I had heerd Mr. Sandidge speak and
made up my mind, and when that youngster was a speakin' I didn't
like the way the argiment was a gwine, and my idees got confusid, and
so I thought I better leave.”

The Judge sternly informed him that his ideas must be controlled
by the Court, and that in future he would do well to remain in the box.
Mr. Sanks also gave him a look which seemed to nail him to his seat.

Mr. Mobley caught up his Honor at this juncture, and had much to
say about the rights both of juries and counsel. Besides, he cut Mr.
Sanks without mercy, whose secret meddling with the jury he had
noticed. The Judge, although he saw that Mobley was quite superior
to what he supposed, yet felt that he must do something in order to
restrain him. Several times he had been upon the point of fining him;
but he seemed to be waiting for the most favorable opportunity. Mr.
Mobley called for the Digest of the laws of the State, and was proceeding
to read upon the subject of Usury. Judge Mike, who had now
lost all patience, ordered him to put down the book, and declared that
he should pay no regard to whatever he might read.

[figure description] Page 071.[end figure description]

The young man shut the book at once, and abandoning himself to
his rage, exclaimed:

“Then must the laws of Georgia lie prostrate at the feet of a Nisi-Prius
Judge, because there is no higher tribunal to correct his follies or
restrain his audacity!” And lifting the book with both hands high
above his head, he brought it down upon the clerk's desk with a
vehemence which made that official rise suddenly from his seat and
retreat to the farthest corner of the bar.

“Mr. Sheriff, arrest that man!” roared Judge Mike, and he seized
his pen to make out the order. Mr. Sanks arose and approached the
counsel. The latter raised his left hand and turned the palm towards
him with a warning gesture, when the sheriff hesitated a moment and
then retreated behind Mr. Sandidge. Then turning to the Judge, Mr.
Mobley said, almost in a whisper:

“Behold!”

The Judge paused in his writing and looked at him. His hair
stood almost upright; his color was that of the dead; and looking
alternately at the Judge and the sheriff, his eyes rolled and burned like
the chafed lion's, as lifting his right arm above his head, he said:

“There are some things which, in so far as I am concerned, even a
Judge of the Superior Court and his most servile minister would do
well to hesitate before they attempt to perform.”

The poor creature sank back in his chair, and bowed his head in
the unutterable anguish of feeling that a mere boy, whom he had unjustly
assaulted, had turned upon him and vanquished him in his own
castle.

Mr. Mobley sat down. His Honor had determined to charge the
jury in favor of the defendant. For he desired to uproot in his circuit
not only usury, but everything that looked at all like it. Indeed, all
rates of interest in his eyes seemed criminal, and therefore usurious.
He honestly believed that there was no evil under the sun to be compared
with it. Some wag had told him that it was interest that had
overthrown the great Roman Empire, and that it was once sold under
execution by the sheriff. So a transaction had but to look in the
slightest degree usurious, and it would have his condemnation. He
intended so to charge in this case; but now he was so subdued that
he dismissed the jury to their room without a word, and proceeded
with taking the rules usual at the end of the term. Half-an-hour afterwards,
the jury having obtained leave to return to the box, upon inquiry

[figure description] Page 072.[end figure description]

as to whether they had agreed upon a verdict, their foreman, a little
dark man with short straight-up hair and a sharp voice, answered:

“May it please the Cote, we has not. We desires to ask the Cote
ef upon the provoso — you mind, Jedge — ef upon the provoso” —

“I don't want to hear any more about your provosoes,” screamed the
Judge, feeling that he must reassert himself after his late defeat;
“I have no instructions to give on your provosoes. Go back to your
room, and, mark me, I am going to adjourn this Court at three o'clock.
Mr. Sanks, if this jury have not agreed upon a verdict by that time,
do you have ready a wagon and a six-horse team. Hire it at the county's
expense. If you jury don't agree upon a verdict by that time, I'll have
you hauled around this circuit with me until you do agree. Now go
to your room.”

The little man dodged, turned quickly, and pocketing his provosoes,
led his followers back. But Mr. Sanks spoke the truth when he said,
“There's two men on that jury which they knows me, and which I also
likewise knows them.” And so after another hour both counsel agreed
to a mis-trial.

And now the sun was fast declining. Unless the Court could get
fifteen or twenty miles on its way home to-day, it would not reach it
and see its family by to-morrow night. Business had to be dispatched
in a hurry, as everybody knew that that Court was bent on seeing its
family at all cost.

Mr. Mobley was writing rapidly. Mr. Sanks peeped over his
shoulder, and then went to Mr. Sandidge and whispered in his ear.

“What are you so skeerd about?” asked the lawyer.

“Yes, but I aint ready; and ah — and also likewise I let the
money go,” answered the sheriff.

“How much do you happen to have about you at this particular time?”

“Twenty dollars.”

“Hand 'em to me. That'll do. Don't you see he's bent on home?”

The last docket was cleared, the juries discharged, and the Judge
took out his watch.

“May it please your Honor,” said Mr. Mobley, “I desire to take a
rule against the sheriff.”

“Will it be resisted?” asked the Judge, with a sullen look.

“It will, may it please your Honor,” blandly but firmly answered
Mr. Sandidge.

“Mr. Sheriff, go to my office and get me the Acts of the last

[figure description] Page 073.[end figure description]

Legislature. Bring those of the two last, if you please, Mr. Sheriff; I disremember
which it is that contains the law I wish to refer to. I ask
the indulgence of the Court for a few, only a very few minutes, until I
can make out the showing,” and Mr. Sandidge looked as if he would
indeed like to be in a hurry, if such a thing were possible.

“Will there be any other rules?” asked the Judge.

“I have several,” Mr. Sandidge answered. “But unless your Honor
could hold over until to-morrow, I shall be obliged to postpone them
until the next term, as this rule will take up all, or pretty much all of
the balance of to-day — leastways, probably”—

Mr. Mobley, knowing his adversary's intention, rose and exclaimed:

“It is a most base subterfuge with both client and counsel! Within
my certain knowledge this money was collected more than a month
ago. I think that knave has had indulgence enough for his rascalities.”

The sheriff was going slowly towards the door, and was looking
back beseechingly to the Judge.

“Come back here, sir!” cried the latter, rising in his chair. “This
Court has got powers; it has got rights; it may be insulted, but it
has got privileges. Mr. Sheriff, adjourn this Court till the Court in
course!”

“I protest against this disgraceful”— began Mr. Mobley; but the
sheriff was shrieking the announcement at the door; and as his Honor,
pale and haggard, rushed rapidly past him, “God save the State!” he
cried in thankful glee, “and the onerble Cote.” Mr. Mobley was too
full of indignation to trust himself with many words.

“You two, and he, form a beautiful trio in the dispensation of
human justice,” he said bitterly to the lawyer and the sheriff. “It
was well that you” (to Mr. Sanks) “kept your dirty hands off me to-day.
As for you, Sandidge, mark me, your day is passing; mine is
coming; ay, it is already here!”

“I think he'll have to wait for his big Cote, eh, Mr. Sandidge?” Mr.
Sanks remarked as Mobley left. Mr. Sandidge made no answer,
but taking a big chew, smiled seriously. In twenty minutes from that
time, the two rascals compelled the plaintiff in execution who had
sought the rule to settle his debt by taking off twenty per cent., and
deducting also the twenty dollars paid Mr. Sandidge for his fee;
“which war but jestice,” claimed Mr. Sanks, “because, and so forth,
and also likewise because of them disgraceful proceedances.”

“Rather lively times in Court to-day,” said the young lawyer to
Overton, after they had reached the former's office.

[figure description] Page 074.[end figure description]

“Surely such scenes must happen seldom?”

“Exactly, such do happen seldom indeed; but something like them
occurs often.”

“In all the circuits?”

“No, thank Heaven! We do have some Judges who are neither
fools nor rascals. Indeed, we have some who are eminently able and
honest. Our judiciary system is the best in the world, I believe,
except that it has no Court of Appeals — in fact, no head. When, therefore,
a fellow like Mike gets upon the Bench, there is no counting what
folly or what rascality he may commit. The miserable creature used
to crowd me until I felt that I must resist, or become as vile as a
collared slave. He knows now, I think, that I am not afraid of him.”

“He is now evidently afraid of you.”

“I do not know as to that.” Mr. Mobley brushed the hair from his
forehead, and looked as if he did know as to that.

“Well, well,” he continued, “let it be so, if it be so. For humiliating
as it is to a gentleman's sense of propriety and decency, he must
either become a favorite of the Court or make the Court afraid of
him. Between the two, unhappy as is the choice of either, he cannot
hesitate.”

The student made no answer, but parting from him, ordered his
horse, and rode slowly back to Mr. Parkinson's.

And now as I look back to the scenes of this week, they seem long,
oh! so long ago.

p618-088

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