found means of protecting his interests. To this
end he sought and obtained an order from the Court
of Appeals, which grave judiciary, after duly considering
the evidence on which the criminal was convicted before
Fetter’s tribunal, was of opinion that evidence
had been improperly extorted by cruelty; and, in accordance
with that opinion, ordered a new trial, which said
trial would be dististinguished above that at Fetter’s
court by being presided over by a judicial magistrate.
This distinguished functionary, the judicial magistrate,
who generally hears the appeals from Fetter’s
court, is a man of the name of Fairweather Fuddle,
a clever wag, whose great good-nature is only equalled
by the rotundity of his person, which is not a bad
portraiture of our much-abused Sir John Falstaff, as
represented by the heavy men of our country theatres.
Now, to enter upon an analysis of the vast difference
between Fetter’s court in ordinary, and Fuddle’s
court in judiciary, would require the aid of more
philosophy than we are capable of summoning; nor would
the sagacious reader be enlightened thereby, inasmuch
as the learned of our own atmosphere have spent much
study on the question without arriving at any favourable
result. Very low people, and intelligent negroes—
whose simple mode of solving difficult problems frequently
produces results nearest the truth—do say
without fear or trembling that the distinction between
these great courts exists in the fact of Justice Fuddle
drinking the more perfect brandy. Now, whether
the quality of brandy has anything to do with the
purity of ideas, the character of the judiciary, or
the tempering of the sentences, we will leave to the
reader’s discrimination; but true it is, that,
while Fetter’s judgments are always for the
state, Fuddle leans to mercy and the master’s
interests. Again, were Fuddle to evince that partiality
for the gallows which has become a trait of character
with his legal brother, it would avail him nothing,
inasmuch as by confirming Fetter’s judgments
the fees would alike remain that gentleman’s.
If, then, the reader reason on the philosophy of self-interest,
he may find the fees, which are in no wise small,
founding the great distinction between the courts
of Messrs. Fuddle and Fetter; for by reversing Fetter’s
judgments fees accrue to Fuddle’s own court,
and belong to his own well-lined pocket; whereas,
did he confirm them, not one cent of fees could he
claim. The state should without delay remedy
this great wrong, and give its judicial gentlemen a
fair chance of proving their judgments well founded
in contrariety. We should not, forsooth, forget
to mention that Fuddle, in his love of decorum—though
he scarce ever sat in judgment without absorbing his
punch the while—never permitted in his forum
the use of those knock-down arguments which were always
a prelude to Fetter’s judgments.