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Updated: May 11, 2025
Of course there was a formidable hitch in the programme. A court of justice was improvised on the car-steps. I was the plaintiff, Crene chief evidence, baggage-master both defendant and examining-counsel. The case did not admit of a doubt. There was the little insurmountable check whose brazen lips could speak no lie.
One is to let the weak case of the plaintiff go to the jury with the hope that they will see what a poor showing the plaintiff has made and find a verdict for the defendant, in which event he will be safe.
The interest of the United Kingdom in the unique case of Witt v. Parfitts had already reached apparently the highest possible degree of intensity. And there was reason for the kingdom's passionate curiosity. Whitney Witt, the plaintiff, had come over to England, with his eccentricities, his retinue, his extreme wealth and his failing eyesight, specially to fight Parfitts.
No one followed to cheer or console him it was his confession of utter defeat. And the following day, when the Court convened, a verdict was rendered for the plaintiff. The lawyers and experts took their checks and departed and Rimrock Jones went home. He went back to Gunsight where he had seen his greatest triumphs and his days of blackest defeat and waited for Stoddard to strike.
Received 24th January, 1844, and on the 26th of the same month sequestered the body of the plaintiff and committed her to prison for safe keeping; but on the 1st February, 1844, she was released from custody, having entered bond in the sum of one thousand dollars with Francis Schuber as the security conditioned according to law, and which bond is herewith returned this 3d February, 1844.
We were not acquainted with the lady's antecedents nor with her remarkable history; but she told a plausible story, and was very fluent and indignant, as may be gathered from the following extract from the affidavit which was drawn under her instructions at the time: Superior Court of the City of New York: Helene Stille, plaintiff, against the Baron Henri de Reviere, defendant.
Though there was little sympathy for the victim in his own person, Organized Society seemed to have received in his death a blow that called for the utmost avenging. Organized Society was plaintiff in the case, as well as police, jury, judge, and public. The single human creature who could not apparently gain footing within its fold was Norrie Ford himself. Organized Society had cast him out.
The goods in question were taken away by robbers, and it was found that the ship had the usual guard at the time. The second count, which is usually overlooked, was a special count "on delivery and being stolen by his neglect." /1/ The case was twice argued, and all the reports agree, as far as they go, in their statements of the points insisted on. Holt, for the plaintiff, maintained: /2/ 1.
In the good old days of Hester Prynne they published a faithless wife by sewing a scarlet "A" upon the bosom of her dress. Nowadays the word is pronounced "co-respondent," and it may be affixed to any woman's name by any newspaper, or any plaintiff in a divorce case.
The Chief Justice, after suggesting the possibility of sufficient privity on the ground that the plaintiff was privy in blood and might be heir, turns to the other argument as more promising, and evidently founds his opinion upon it. /1/ It would almost seem that he considered a prescriptive right enough to support the action, and it is pretty clear that he thought that a disseisor would have had the same rights as the plaintiff.
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