aerating its waters to perfect purity, became when the defense was about to commence a river, fertilizing rich intervales as it flowed its rebutting evidence, he asked, — quietly to its discharge in the western lake "Will your evidence occupy much time, or eastern larger river. Dams erected at brother B.?" the greater falls gathered the waters into a "We have about twenty witnesses," the flume, whence they furnished power for the counsel replied, " but I hope to have a con mills which served so many and such useful sultation at the intermission for dinner when purposes. we may decide not to call some of them." The building of these dams was a terror "Then we will take an adjournment now," to the owners of farms abutting on the river said the judge without a ripple on his solemn above, who claimed that their obstruction face, " to give the counsel time to consider set back the water so that it submerged their how many witnesses it will require to satisfy low lands for so long a time that the newly- this jury that water will not run up-hill!" planted seed was destroyed, the lands made The stone from David's sling was not wet and cold, and their fertility was ulti more fatal to the Philistine giant, than this mately exhausted. Actions to recover dam observation to the plaintiff's case. Coun ages for the injury were commenced, and sellor B saw that his antagonist was one of them came to trial before Judge paralyzed, and called only one witness. The B and a jury. judge submitted the case to the jury under The plaintiff proved his case not only by a charge so fair that it was not open to ex abutting owners, but by disinterested wit ception, and the finding of the jury, which nesses, who gave positive evidence that the ended the case and all others of its kind was, waters were set back farther and submerged that water does not run up-hill! the low lands for a much longer period since Questions in hydrostatics are sometimes the erection of the dam, than ever previously, very difficult of solution. I think there are within human memory. The witnesses were readers of the GREEN Bag who will remember men of integrity who testified to what they how one of them disturbed the peace of a believed was the truth. The defense was, party of guests at a famous hostelry in the that by actual measurement, the lowest point White Mountains some years ago, who were on the plaintiff's farm was ninety feet higher accustomed after dinner to assemble on the than the top of the dam, between which and broad piazza to discuss and decide questions the farm of the plaintiff there were several in moral, political and natural science. They perpendicular falls. This fact did not con had decided that fossils were not created in vince the plaintiff or his witnesses, whose the rocks in their fossil form, but were the testimony was strengthened by that of two remains of animals that once lived, when a experts in hydraulic science, who testified guest quietly asked whether in a wave there and made complicated arguments to show was any lateral movement or only a vertical that the waters acted just in that way in one, of the particles of water? On, this obedience to natural and inevitable laws. question the discussion was at first earnest They rejected with scorn the admission that and animated and the company was about after a freshet, the waters might be drawn equally divided in numbers. Then each off somewhat more slowly, and insisted that side, in order to confound the other, sent to the obstruction was transmitted through the the city for the books in which such ques ultimate particles of the water, far up the tions were discussed. But when they arrived stream and theoretically to its head. it was found that the authorities were divided The judge listened to all this evidence about as equally as the company. Then it with patience and judicial gravity. But was agreed to settle the question by actual
