The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1849-05-19
o-Gircuis Court of Tennessee - Hiram
Higgins, SAUL and Battery Case.

Mdny years ago law ami justice m len
nessee were administered in q Grade and
failacioos manner. The uneducatei people
looked upon Courts and the mysteries of
law as things which they didn't, couldn'r,
or wouldn't understand. and whenever they
were Drought up to answer for the infringe
uent or violation of any of the statutes,
they surrendered themselves passiveIy 10
the decision in the case, apparently not
knowing or caring why or wherefore they
were thus dealt with. The Judge was
looked upon rs the head, and front, and
majesty, the "great embodiment" of The
Law itself, in whom was concentrated all
and every power, into whose capaciOus
pocket ell fines, forfeifures, &c., found a
resting place, and tn whom every unfortun-
ate Delinquent was indebted for each mercy
vouchssfed him.
Ii was To such q community that Judge
M--:a1ministered law and justice in the
Circuit: Court. One day the Judge stopped
at the courthouse Of small village, and
found che only case to be tried was that of
Hiram Higgins for assault and battery on
David Hughes.
After a. few preIminaries were gone
through with, his honor requested the Sher-
if to call Hiram Higgins into court, and
upon tire first sound of his nunle, tall,
raw-boaed, stalwau fellow. dressed in 1t
suit of brown jeans, me-made, and hang
ing loosely about his person, walked hur-
rietlly up in front Of the Bench, and taking
off his hat, with an awkward scrape of the
: right foot, exclaimed,
Well, Judge, here is"
you are charged, MIR. Higgins" said
the Judge, after a slight pause, with COM
uniting assault and battery on the person of
David Hughes. What have you to say to
d this charger Do you plead guilty or not
guilty."
"Why, Judge said Higgins, after STAR
ing IN mute astonIshment in his honOr's face
for some moments, 90 why, Judge, you've
knowed me long enough, should reckon, to
know that never done nothin' to be guilty
of, never was guilty, and never did plead
guilty IN my whole natral born life. don't
know what you mean by saul and batry
nurthur, bat ef. you means to Ak eff | licked
Dave Hughes, and licked him good. too, |
ses, at wunst, AMI without anu,her word, |
dig; and by goIly, he'd better toe the mark,
or Ill 'io il again.
hare known you for some time, Mr.
Higgins" said the Judge, 90 and your char
meter up to this time has been SO unexcep-
iionable, that this is the first offence for
which you were ever arraigned before me.
Bnt this is very grave offence, one which
the law expressly prohibits, and, as by.your
own confession, you acknowledge its COM
initial, must, unless there are some strong
Iy eXtenuating cIrcumstances"-
Thar, judge" interrupted Higgins
I" thar Jist hold in your head bosses Il G,n-
ute, you're n glttin' along ieete too fast
now, jist wait till | tell YOU all about the
scrtnlage. and arter that, whatever you ses
Is right, is right, for b'ieve>, in you 'till
the cows come home,' and by Hickey,
knows you'll do the clean thing and no mis-
take" ~
The Judge smi!ngly nodded assent, for
him to proceed, and Higgins gave the fol-
lowing account of the cause and particulars
of the Scrtmage, as he called the fight, be-
tween himself and David Hughes.
"'Bout six weeks ago, was aAed down
to Squire Tbonases house raisn', and as
the Squire is the right sort OF grit, and
you always knows whar TO find him, con-
cluded to go down and carry up a corner,
tho its 50 lur knowed I'd have to stay over
night-you know the squire prehaps we
didn't have the bustness raisin' that ever
You went any whar, to stay all night att
ihar Was more bata .faee soaked up, and
more work did, than ever yc,S hearn tell Of.
We'll, 1 come home the next eveuin',
and arter givn' Eetsey buss, you might a
heard quarter of mile, ses Bess, what's
the news! SEES she, nothn' Hiram; but she
said it so sorrowful Ike, knowned at wonst
thar was something; so, ses I, come Bess,
thar is some news, and 1 must hear it, tell
me all bout it now, and I'll tell you what
we all done at the Squire's
W ell, then, ses she, Hy, thar is some
X. tfsl ming
not TO get mad. Not bit ses ]. 90 on Bess.
Well, ses she, that sneakin' thing, Dave
Hughes, is bin here seuce you've been
gone. What did he want sed |. He
wasn't courtin' you agiD, and you an honest
married woman! Yes, he was, ses She
and her face turned as red as water million
fneat-and he insulted me, too--and with
that, she burst right out cryin'--but, Hy,
you sed you wouldn't git mad? No, no, ses
i, amt agoin TO Git mad, but eff don't
give Dave Hughes the etarnal!y darndest
iickin' when see him, that ever you see,
my name amt Higgins, that's all. Well,
never So, eyes on the case till Rig'meutal
Muster, when jis. walked up and pitched
into him like Bar Dog into a four year
old, without sayin' a word, and arter.he had
followed nufl, aud they took me off of him,
ses l, now GO TO a decent mans house and
insult his wife agin, will you! and III give
you something wus nor that, you sneakin'
sorpent you, and so | will, your honor; for
when you seuches mans wife, you touches
bis soul and body az wo,isr; but that's all
Judge, aud now wants to know how niue h
you charge me. Eve broke your law, aud
must pay for it,"
Judge M, very gravely informed Hig-
gins that under the circumstances, he should
charge him IS Two dollars and half" who
upon laying FIVE half dollar pieces on the
clerks desk, earnestly inquired :" if that
sum would he the price sf all similar of
fknces.'
His honor, admonishing him, however, TO