Appeal of Case Filkins _vs._ Beadle.--Turtle's Affidavit and "P'ints."--Longbow's Return.--County Court.--Turtle opens his Law "P'ints."--Bates replies.--A Fight.--Collateral Ish-ers.--Squire Longbow present.--The Court sustains Squire Longbow.--Turtle gets into a Passion.--Impanelling the Jury.--Mr. Buzzlebaum leaves.--Mr. Tumbleton upsets Ike.--Mr. Flummer is cut short bob off.--Ike opens to the Jury.--The Trial.--Charge of the Court.--Jury retire.--Can't agree.
Among the causes that were found in the county court for trial was the appeal of Filkins against Beadle. Turtle had carried it up. He had informed the court and the jury, when he argued the cause below, that he would carry it up if he didn't get a verdict, and he was as good as his word. Turtle was a long-winded attorney, and what he lacked in brains he made up in bottom. He could worry out any opponent in Puddleford, and drive the man against whom he had no case into a settlement, or starve him out. Turtle often said that "a man's peace was worth something, and he who wouldn't buy his peace, orter sweat. La' was la', and if a man didn't want to pay for it, he ought to keep out of it." It was necessary, at the time we speak of, for any party who desired an appeal, to make out an affidavit, stating the errors below. Mr. Turtle was a host on an affidavit. He could raise and swear to more "p'ints" than any man in Puddleford.
Turtle's affidavit was a curiosity. It covered _all_ the "p'ints," as he called them--"all the 'ish-ers' of law and all the '_ish_-ers' of fact."
According to this document, he set up error in the judgment below:--
1. "'Cause the justis' had counselled with the defendant, and had sworn to go for her anyhow.
2. "'Cause the justis' allowed Sile Bates, one of the jurymen, to leave the jury, and pettifog for Charity Beadle.
3. "'Cause there wern't but five jurymen to try the cause, and there had orter been six.
4. "'Cause counsel hadn't mor'n half got through arguing the case to the jury, when the justis' shut them off, and forcibly sent out the jury to deliberate on their verdict.
5. "'Cause the justis' err'd in everything from the beginnin' to the end of the cause.
6. "'Cause he 'low'd Charity Beadle's set-off, which was agin all kind-er law, and never heer'd on in the books.