The contents of the bottle were evidently getting dangerously low. He excused himself for a minute, and took it into the next room, where he refilled it from the big demijohn that stood in the corner. Sipes indulged in many amusing grimaces as the sounds from the other room indicated that “Black Betty’s” condition had again become normal.
After we had talked a little while longer, Sipes related to the “Jedge” the story of the tangled set lines, over which he and “Happy Cal” had got into trouble years ago, and wanted to know “what the law was.”
After listening carefully to all of the facts, the “Jedge” cleared his throat slightly and delivered his opinion.
This preliminary slight clearing of the throat implies deliberation, and often adds impressiveness to a forthcoming utterance. Sipes remarked later, that “nobody never lived that was as wise as the Jedge looked when ’e hemmed a little an’ got on ’is legal frown.”
“It seems from the facts before us, that the mass of property under consideration was discovered on the shore, about half-way between the homes of the two claimants, neither of whom, as a matter of fact, possessed original title to it. The position of the mass when found brings up several difficult questions of law, involving facts which are _malum in se_. A portion of it was on the surface of the water, a portion of it was submerged, and still another portion was on dry land. According to maritime law, that portion on the surface was flotsam, and that portion which was submerged was jetsam. The laws affecting flotsam and jetsam would prevail as to these two portions, but as to the portion which rested on dry land, I am inclined to think that the _lex loci_ would apply.”
Whereupon, the bewildered Sipes asked, “Who done this?”
Disregarding the interruption, the “Jedge” again slightly cleared his throat and continued:
“_A priori_, I am of opinion that _prima facie_ evidence of ownership rests with possession, and that the _onus probandi_ must necessarily be _ex adverso_.” The “Jedge” then stated that the opinion would cost half a dollar. Sipes was speechless, but paid the fee.
The “Jedge” had charged “Happy Cal” a dollar one night, years ago, for an opinion in the same case. He had advised Cal “not to disturb the _status quo_.” The dazed client paid the money and disappeared into the darkness. He probably stopped at Sipes’s place, where the untangled lines were stretched out to dry, and cut them up, on his way home, thus disposing of the “_status quo_” entirely.