The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1857-08-18
COL. YELL's FIRST COURT.
FOUNDED OR FACT.


killed at the battle of Buena Vista, had taken
his seat for the first time upon the Bench,
| tho first case on the docket was called,
and the plaintiff stood ready. 1t was a
case that had been in litigation for five
years. Gen. Smoot arose for the defen-
dant, and remarked in an overbearing tone.
"Our witnesses are aosent, and therefore,
demand that the case be continued until the
next term, in course"
''Let the affidavit be filed, for not till then
| can l entertain motion for continuance
was the reply of the Judge.
"Do you doubt my word as to the fact o.
exclaimed Gen, Smoot, sharply, and invol-
UNFAIRLY raising his huge sword cane.
''Not at ALL" replied the Judge, with his
blandest smile, ''but the law requires that
the facts justifying a continuance must ap-
pear on record, and the court has no power
to annul law, nor any wish to see it an
nulled."
The Judges calm and business-like tone
| and manner only served to irritate the bull
| ly, and he retorted, shaking his sword cane
in the direction of the bench:
"Whatever be the law, 1, for one, will
not learn it from the lips of an upstart
| demagogue and coward"
Judge Yell's blue eye shot lightning, but
he only turned to the clerk, and said:
"Clerk, you will enter fine of $50
against Gen. Smoot, as 1 see him named on
my docket, and be sure you issue an imme-
diate execution"
He had 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 corpse. Every glance was
fixed on the countenance of the Judge, for
all wished to know how he would break the
coming of the duellists fierce assault
But none however, could detect the slightest
change in his appearance. His cheek grew
neither red nor white, nor did nerve seem
to tremble his calm eye surveyed the ad-
vancing foe, with as little sign of pertuba-
tion as chemist might show while scruti-
nizing the efervescence of some novel mix
ture. lie sat perfectly still, with staff of
painted iron in his hand. Smoot ascended
the platform, and Immediately aimed a
tremendous blow at the head of his foe. At
that blow five hundred hearts shuddered,
expecting to see the victims scull shivered
to atoms. The general astonishment may
then be conceived, when they beheld the
little iron staff describe a quick curve, as
the great sword cane few from Smoot's
fingers, and fell with great clatter at the
distance of twenty feet in the hall The
baf1ed bully uttered cry of wrath, wild as
that of some wounded beast of prey, and
snatched his bowie knife from its sheath
but ere it was poised for the desperate
plunge, the little iron staff cut another
curve, and the bowie knife followed the
sword cane. He then hastily drew a re-
volving pistol, but before he had time to
touch the trigger, his arm was struck
powerless by his side. And then, for the
first time, did Judge Yell betray percepti-
bic emotion. He stamped his foot until the
platform shook beneath him, and shouted,
i'll trumpet tones:
''Mr. Clerk, you will blot this ruffian
name from the roll of attorneys, as foul
disgrace to the bar. Mr.. Sheriff, take the
criminal to Jail"
The latter officer sprang to obey this
mandate, and Immediately scene of con-
fusion took place which no pen can describe.
The bravoes and myrmidon friends of Gen.
Smoot gather around to obstruct the sheriff,
while many of the citizens lent their aid to
sustain tue authority of the court. Mena-
ces, screams, and horrid curses, the ring of
impending and crossing steel, alternate cries
of, rage and pain, all commingled with the
awful explosion offrearms, blended together |
avivid idea of fPandemonium. But Through |
out the tempestuous strife, two individuals |
might be observed as leaders of the whirl-
wind and riders of the storm. The new
Judge used his little iron cane with terrible |
efficiency, crippling limbs, yet sparing life.
Bill Buffum, initiating the clemency of his |
honored friend, disdaining the use of either
knife orpistol, actually trampled and crush
ed down all opposition, roaring at every |
furious blow: This is the way to preserve
order in court; - a sentiment which he &C
with wild peals of laughter. In
less than two minutes the party of the Judge |
triumphed and the clique of Gen. Smoot
disastrous defeat, and the bully |
himself was born away to prison.
Such was the debut of Archibald Yell in |
and from that day, his popularity |
as man, as Judge, as hero, and as |
politician, went on rapidly increasing, till, |
eclipsing the oldest and most powerful
names, it set on the bloody eve of Buena
Vista.
On the Goth July, at the City Exchange
in New Orleans, Col. W. Williams began