The Arkansas advocate., 1834-09-19
FIRST COURT IN A NEW COUNTRY. From Breokenridge's RecoIIections of the
 West.

West.
 The first Court in Butler, (Pa.) drew the whole population to the town, some on ac- count of business, some to make business, but the greater part from idle curiosity .-- They were at that time chiefly Irish, who had all the characteristics of the nation. A log cabin just raised and covered, but without window sash or doors, or daubing, was prepared for the hail Of of justice, a ear penter's bench, with chairs upon It. was the judgment seat. The bar of Pittsburgh at- tended, and the presiding judge, stiii, for nal, and pedantic old bachelor, took his seat, supportedby two associate judges who were common farmers, one of whom was blind ] of all eye. The hall was barely sufficient to contain the bench, bar, jurors, and consta- bles. But few of the spectators could be ac- commodated on the lower floor, the only one ] yet laid many therefore clambered up the walls, and placing their hands and feet in the open InterstIcs between the logs, hung there suspended like enormous Madagascar bats. Some had taken possess sion of the joists, and big John McJun- kin (who, until now, had ruled at all public gatherings) had placed foot on one joist, and foot on another, directly over the heads of their honors; standing like tic Colossus of Rhodes. The judges sense of propriety was shocked at this exhibition. The Sheriff, John McGandless, was called, and ordered to clear the walls and joists. He went to work with his assistants, soon pulled down by the legs those whowere in no very great haste to obey. McJunkin was the last, and began to growl, as he prepar- ed to descend. "Nhat do you say, slr!' said the judge. 'sI say, pay my taxes l; and has as gooda rite here as lny mon. ," "Sherif,,o said the judge, 'bring him be- and as he reached the floor, began to strike his breast, exclaming, "My name IS john ] Mc.unkm, dye see--here's the brlst that niver finehed, if so be 1t in good cause I'll stan any mon a hitch in Butler county, if so be he'll clear me 0, the la'." "Bring him before the court" said the judge He was accordingly pinioned, and, If not gagged, at least forced to be silent, while his case was under consideration. Some of the lawyers volunteered as anici curao' some ventured word of apology for Me- Junkin. The judge pronounced the sem tence of imprisonment for two hours, in tfe is;l c. the county, and ordered the sheriff to take him into custody. The sheriff, with much simplicity, observed. "May it please the courte, there is no jail at all at all, tlIl put him in." Here the judge took a learned disticton, upon which he expa- tiated at some length for the benefit of the bar. He said, 'sthere were two kinds of custody: first, safe custody secondly, close custody. The first is, where the body must be forthcoming to answer demand or ac- cusaton, and in this case the body may be delivered for the time being out of the hands of thealaw, on bail or recognizance but when the imprisonment forms part of the satisfaction or punishment, there can be bail or mainprize.
 This is the reason of the common law in relation to escapes under capias ad satis- tacteadf,m, and also why ea, SC. cannot Issue afer the defendant has been once treated and then discharged by the plaintiff. In like manner man cannot be imprisoned twice for the same offence, even if he be of imprisonment. This is clearly case of close custody, and the prisoner must be confined, body and limb, without bail or mainprize, i'll some place of incarceration" Here he was interrupted by the sheriff, who seemed to have hit on a lucky thought. ls May 1t phase the coorte, Pm just thinkin that may be can take him till Bowen's pig-pen: the pigs are kilt for the coorte, and it's empty" You heard the opinion of the court said the judge, proceed sir, do your duty.' The sheriff accordingly re- tired with his prisoner, and drew after him three fourths of the spectators and suitors, while the judge, thus relieved, proceeded to organize the court. But this was not the termination of the affair. Peace and order had scarcely been restored, when the sheriff came rushing ;o the house with a crowd at his heels, crying out !" Mir. Jidge, Mir. Jidge, may it phase the coorte p < What is the matter sheriff?s ssMr. Jidge--Mr. Jidge John McJunkin's got of, dye mind. ."-sWhat! escaped. sheriff? Summon the posse comitatus !i' !" The pusse, the pus- se-why, now, I'll list tell ye how it hap pent. He was going along qnee-etly enough till we got till the hazzle patch, an all at once he pitched afr intil the bushes, an l after him, but limb of tree kitched my fur, and I pitched three rads of, but fell for 1t, an that's good luck ye minte." The Judge could not retain his gravity, the bar raised a laugh, and there the matter ended, after which the business proceeded quietly enough.
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