St. Charles City Republican intelligencer. [volume] (St. Charles City [Charles City], Iowa) 1857-1861, 1857-10-29
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COL, YELL'S FIRST COURT.

When Col. Archibald Yell, after
wards killed at the battle of Buena
Vista, had taken his seat for the first
time upon the bench, the first case on
the docket was called, and the plain
tiff stood ready. 1t was case that
had been in litigation five years.
Gen. Smoot arose for the defendant,
and remarked in an ovcrbearing tone,
"Our witnesses are absent, and there
fore demand that the case be contin-
ued until the next term, of course"
"Let the affidavit be filed, for not
till then can | entertain a motion for
continuance" was the reply of the
Judge.
"Do you doubt my words as to the
fact ?" General Smoot exclaimed
sharply, and involuntarily raised his
sword cane.
Not at ALL" replied the Judge with
his blandest smile, "but the law re-
quires that the facts .justitying a con
tinuancc must appear on record, and
the court has no power to annul a
law, nor any wish to see it annulled."
The Judges calm and busincss-like
tone and manner only served to irri-
tate the bully, and he retorted, shak-
ing the sword cane in the direction of
the bench, Whatever be the law, J.,
for one, will not learn it from the lips
of an upstart demagogue and coward"
Judge 1elrs blue eyes shot light
ming, but he only turned to the clerk
and said" Clerk, you will enter IA
fine of $50 against General Smoot, as
| see him named on my docket, for
gross contempt of court, and be sure
you issue an immediate execution
He hardly communicated the order,
when Gen. Smoot was seen rushing
towards him brandishing his sword
cane, all his features writhing with
murderous wrath and pallid as q
corpse. Every glance was fixed on
the countcnance of the Judge, for all
wished to know how he would break
the coming of the duelist's fierce as
sault. But none, however, could de
tect the slightest change in his appear
ance. His cheek grew neither red mol
white, nor a nerve seemed to tremble
his calm eye surveyed the advancing
foe, with as little sign Of perturbation
as chemist might show, scrutinizins
the ei1crvescence Of some novel mix
tluc. He sat perfectly still, with ;
little staff of painted iron in his hand
! Smoot asccndcd the platform, and in
mediately aimed Il tremendous blov
at the head of his foe At that blos
five hundred hearts shuddered, an
more than dozen voices Shrleked, a
expecting to see the victims sku
slivered to atoms. The general al
tonishment may then be conceived
when they beheld the little iron sta
describe quick curve, as the grea
cane flew from Shoots fingers, an
Z fell with great clatter to the distanC
( of twenty feet in the hall Til
l. batlied bully uttered "a cry of wratl
wild as that of some wounded beast
prey, and snatched his bowie kni
from its sheath, but ere it was poise
for the desperate plunge, the lit
| hoA otoh Wv ouothSl SuINS, anu u
bowie knife followed the sword can
He then hastily drew a revolvir
= pistol, but before he had time to tou,
the trigger his arm was struck powe
less by his side. And then Tor Il
first time, did Judge Yell betray pc
ceptiblc emotion. He stamped b
foot until the platform shook beuea
him, and shouted in trumpet tones
rs "Mr. Clerk, you will blot this ruiiiar
N name from the list of attorneys, as
;, foul disgrace to the bar Mr.. Sheri
" take the prisoner to jail"
a The latter officer sprang to obey t
5. mandate, and Immediately a scene
- 10 confusion took place which no pen c
describe. The bravos and myrmidt
friends of Gen. Smoot gathered arou
!, to obstruct the Sheriff, while many
~ the citizens lent their aid to susta
the authority of the court. Menac
s. screams and horrid curses, the ravi
u, and crossing Of steel, alternate CT
hit Int Of rage and pain, all commingled W
tes the awful explosion of fire arr
OF blended together vivid idea Of p
~ ~ demoniu But throughout all
tempestous strife, two individu
might be observed as leaders of
w. whirlwind and riders of the stol
9 The new Judge used his little i