The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-02-05

AN ALABAMA JUsTICE.-The following clever
story is told by correspondent of the New York
Spirit of the Times:
When the Creek Indians inhabited Alabama,
there several magistrates appointed who had
extensive jurisdiction Their power, and the ex-
tent of territory over which it spread, made these
magistrates, in power, equal to territorial Gov
ernor. One of these mag istrates was well known
''character,' who resided in ''Turkey Town.
an Indian village on the Coosa river. He had
marshall who known in his tribe as
Money cries. This magistrate was remarkable
for his contempt of legal opinions and judicial
forms. Equity was his hobby and when his
notions of right and justice came in contact with
law the latter forced to give way. He
thought the customs of the Indians more E-quta.
BILE " in many cases than the law of Congress, and
he never failed in such cases to set aside the latter
:" Moneycries co-operated heartily with " the
court and by their combined efforts they man.
aged to deal out justice with certainty, but some
times with real Indian severity.
The following scene occurred $ in COURT"
Mdgistrate.-This court is held to try a case in
which GO Little Chubby" Creek Indian, is de-
tiff. Dale claims $50 from Little Chubby" and
90 Chubby says he paid it in beaver SKINS
" Gentlemen continued the magistrate, address
ing the bystanders, :" Ingins amt likely to lie,
when they owe white men. But white men will
lie, when they trade with the lngng. This is the
experience of my court Proceed, gentlemen,
with this case"
The attorney for Tom Dale proceeded to make
out his case. Dale swore that his debt was " just,
true, and unpaid He then introduced a witness
to prove that . Little Chubby" had only caught
tell beaver in the last month, and that he had
sold them TO the deponent The Indian had no
witnesses and the case was fully made out.
The attorney remarked, addressing the court -
May it please your honor, claim judgement
for my client There is no defence except the
of hhu and thiS he urt oap't
regard"
Gentlemen said our magistrate, &c 1 amt
satisfied and amt going to allow the lngin to
be swinded," said he, addressing Moneycries.
" Mr.. Marshall hand me that hook; I'll take
swar in the case myself" and suiting the action to
the word, he kissed the book, and addressing
Moneycries, remarked: Mr.. Marshal, | consti-
tute you this court, and will take swar in this
case. May it please the court there's cheatin'
around this board, and intend to expose it to this
| court. I'd rather take an Ingin's word, than a
| whisky sellers oath, any time. But this court
can't decide in favor of the Ingin, without a swar
| in his behalf-and that swar kissing the book
am now, Mr.. Marshal, going TO take"
| He then proceeded to state that g Little Chubby"
| had come 10 his house and he offered to buy from
| him ten beaver skins. Chubby" declined sell
| ing them as he had promised them TO MIR. Dale to
pay debt of twenty dollars due him. He
Chubby go into Dale's and leave the skins,
and when he came out Chubby told him he
| had paid hiS debt. Wnen ne nad concluded ne
| resumed his seat.
Dales attorney protested against this taking q
swar in the case y but he interrupted by the
magistrate, who informed him that this was his
mode of dispensing equity.
Aaorney.-May it please the court will take
an appeal in this case.
Magisirate-''T The court - is satisfied that the
evidence is in favor of Little Chubby and no
appeal will be allowed.
AHorney-May it please the court, | consider
this proceeding ID farce:
| Magistrate-" The court " considers this a case
of contempt, and will find Mn twenty dollars for
| swearing in court.
Attmney.-Your court may go to the ID, if
your honor please.
Magistrate-My Marshal will take Mr.. Nh
into custody till he pays $50; and unless he pays
it, the Marshal will summon posse of lngins,
and tie him up, and thereupon nfct on him
twenty stripes according to Ingin custom, and then
inform him that it will improve his health to get
out of the reach of my court in twentyfour hours.
| Attorney-May it please the court, | will give
nv note for the fine if the court will agree to it,
! Magistrate-The court won't be hard provided
| the character of this court is hereafter respected
This Mr.. Editor is a slightly colored sketch Of
the early history of the administration of justice in
the Creek county in Alabama