"Sam was taken to the place of execution, and having undergone his punishment with heroic fortitude, was about to be released by the constable, when his counsel appeared in court and moved for a new trial. The court ordered the officer to keep a sharp lookout on Sam, and sent for Piddler, who was celebrating his victory in a neighboring bar-room. Pate argued his motion with much ability, and demonstrated that the hen was worth so much, and that when the twenty eggs were hatched each chicken would be worth so much, and that the aggregate would amount to a sum sufficient to constitute the offense of grand larceny, over which the court had no jurisdiction. Piddler was fuddled, and failing to perceive any other weak point in his adversary's argument, contented himself with saying that he did not think that his learned brother had any right to count his chickens before they were hatched. Justice Johnson very properly rebuked him for his levity; and firmly expressing his determination to maintain the dignity of the court, finally granted a new trial. So the case was again tried and with the same result. Sam was convicted and sentenced to receive another installment of twelve lashes on his bare back. Piddler always boasted of his success in this prosecution, and said that if he was defeated on the motion for a new trial, nevertheless he had got the curly-headed rascal twenty-four lashes on his bare back instead of twelve. On the other hand, Mr. Pate, after he had acquired more experience in his profession, candidly acknowledged that the motion for a new trial was an error on his part, as it could do his client no good under the circumstances, and actually did him a deal of harm. But he said he was then young, and allowed himself to be carried away by too eager a desire for the glory of a victory over his vaunting antagonist.