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22 James Nack James Nack (1809–1879) The son of a New York City merchant, James Nack was born in 1809. Taught at home, he was able to read by four years old and was composing verse in early childhood. However, a fall on a stairway caused Nack to lose his hearing at the age of eight or nine. After entering the just-opened New York Institution for the Instruction of the Deaf and Dumb, he became increasingly interested in writing and poetry. Nack’s first volume of poetry, The Legend of Rocks and Other Poems, appeared in 1827; this volume caught the interest of reviewers, who commended Nack’s ability for “harmonious versification,” something that reviewers at that time felt was all the more remarkable given his deafness. After marriage to a hearing woman, Nack supplemented income from his writing with work as a legal clerk and as a translator of German, French, and Dutch literature. While his work reflected the style of the period, his writing was commended by Deaf leaders as an example of what Deaf authors could do. Included in this book are two humorous excerpts, “Law Proceedings” and “Last Words of a Bachelor,” both from Earl Rupert and Other Tales and Poems (1839).5 c Law Proceedings 1. “What are you doing, John?” inquired my cousin, looking over my shoulder one rainy morning, while my pen was racing at the rate of fifty miles an hour, and my desk was creaking beneath the load of papers. “I am copying the pleadings in an action for assault and battery; for that whereas the said defendant with force and arms, to wit, with swords, staves, ropes, hands, and 5. Harry G. Lang, A Biographical Dictionary: Deaf Persons in the Arts and Sciences (Westport, CT: Greenwood Press, 1995), 269; American Annals of the Deaf and Dumb 25, no. 1 (1880): 104; Christopher Krentz, ed., A Mighty Change: An Anthology of Deaf American Writing, – (Washington, DC: Gallaudet University Press, 2000), 32–33. “Law Proceedings” is from Earl Rupert and Other Tales and Poems (New York: George Adlard, 1839). Law Proceedings 23 feet, made an assault upon the said plaintiff, and did then and there pull said plaintiff’s nose, so that his life was greatly despaired of, and other injuries to him then and there did, against the peace of the people of this state, and to the great damage of the said plaintiff. And also, that the said defendant, on the same day and year, and at the place aforesaid, with force and arms, to wit, with swords, staves, ropes, hands, and feet, made another assault upon said plaintiff, and did then and there pull his nose, so that his life was greatly despaired of. And also”— “That will do, John. I must devise some expedient to abridge your labour. The whole substance of the pleadings on both sides could be expressed in half a page—as for example— Higgins vs. Wiggins—Wiggins ads. Higgins. Declaration. Defendant pulled plaintiff’s nose. Plea. You lie. Notice. Take notice that on the trial of the above cause the defendant will insist upon, and give in evidence, under the general issue above pleaded, that before, and at, and after the said time of said supposed pulling, the said nose of said plaintiff was, then and there, of an unreasonable, unwarrantable, egregious, preposterous and impertinent length, thereby inviting and justifying such supposed pulling as aforesaid. And this defendant, by leave of the court here for this purpose first had and obtained, will further insist upon and give in evidence, that at and before the said time when, &c., this defendant requested and admonished said plaintiff to protect said nose from being pulled, by soaping the same; which reasonable request of this defendant, this defendant well hoped would have been complied with. Nevertheless, the said plaintiff not regarding, &c., but wickedly and fraudulently contriving and intending, craftily and subtly to injure and oppress this defendant in the premises, wholly and utterly neglected and refused to soap said nose, or any part thereof. Wherefore this defendant, as he lawfully might do, peaceably and quietly laid hands upon said nose of said plaintiff, and tweaked the same with all imaginable tenderness and decorum. Replication. You lie. Rejoinder. You lie. Surrejoinder. You lie. Opinion. Per curiam. You lie on both sides. Verdict of the Jury. ...

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