The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1857-07-09
Col. YeiPsrFIrst Court.

tf.7-
When Col. Archibald Yell, Afterwards
killed at the BATTLE Of Buena Vista, had ia.
ken his seat for the fifst time upon the bench,
the first case on the docket was called and
the plaintiff was ready. II was in case
that had been in litigation for five years.
Gen. .SmoOt arose for the defendant, and
remarked in an overbearing tone;
"Our witnesses are absent and there.
fore demand that the case may be contin-
ued until the next term pf court"
"Let the affidavit be filed, for hot until
then can entertain motion for continu.
ance," replied the Judge.
"Do you doubt my words as to the facts!''
Gen. SmoOt exclaimed sharply, and invol.
unfairly raised his huge cahe.
"Not at ALL" replied the Judge, with hii
blandest smile, "but the law requires thai
the facts justilying a continuance must ap
pear on record, and the court has no power
to annul law, nor any will to see it annul.
ed"
The Judges calm and business.like tone
and manner only served to irritate the bully
Ewho retorted, shaking his cane in the direc.
tion Of the benchi
.:,.Whatever may be the law, for one, will
not learn'it from the tips Of an upstart dema.
gogue and coward"
\, Judge Yelts bIus eyes shot LIGHTING, but
he only turned to the clerk and coolly said:
"CIerk. you wia~eatef, fine of fifty dol.
lars against Gen. Smoot, as I see him nam.
ed upon my docket for gross, contempt Of
court, and be sure you issue On Immediate
execution" -
/ He had just communicated The erdsr when
Gen. Smoo: was seen rushing towards him
brandishing his sword cane, all his feelings
bespeaking murderous wrath. Every glance
was fixed upon the coun,enance of the Judge
for all wished to know how he wotld bEeaE
the coming Of the duelllst's fierce assault -
But none, however, could detect the slight
est change in his appear ance. His cheeks
grew neither red nor white, nor did nerve
seem to tremble-his calm eye surveyed thu
! advancing foe with as little perturbationeas, ,
chemist might show scrutinizing the efFer
evsence Of some novel mixtuEe. He sal
perfectly still, with little staff of painted
iron in his hand. Smoot ascended the
platform and Immediately aimed tremend
OTIS blow at the Head of his foe. At tha
blow the hearts of all the assembled specta
tors shuddered, and full dozen voice,
shrieked and expected 10 see the victim,
skull shivered to atoms. The general atonsh
rr!ent may then be conceived, when they be-
held the little iron staff describe quick
curve, as the great sword cane few from
Gen. Smoot's fingers, and fell with l. ut
clatter at the distance Of twenty feet in the
hall. The ruffian uttered cry of wrath. al
wild as that Of some wounded beast Of prey
and snatched his bowie Knife from it's sheath
but ere it was poised for the desperate plunge
the little iron staff cut another curve, and the
big knife followed the sword cane. He
then hastily drew u revolving pistol, but be-
fore he had time to touch the trigger, his arm
,*as. struck powerless by his side. Ant
then, for the first tiuiej did Judge Yell be
tray pfecepsible emotion. He stamped hi
foot until the platform shook beneath him
and shouted in trumpet voice:
"Mr. Clerk, you will blot out this rufian's
name from the FOIL cf'sttornrys, as fou
disgrace to the oar. Mr.. Sheriff, take the
criminal to jail.". sF't-> ~ =,
The latter officer aprapg to obey tie nam.
date, and Immediately scene of confusion
ensued which no pen can dessEibe. SThe
bravos and myrmidon friends of Gen Smoo
gathered around to obstruct the sheriff, while
many Of the citizens lent their aid to sustain
tie authority Of the court. Menaccs, horri;
curses and screams, the ringing of impigniDs
and crossing steel, the alternate cries o
rage and pain, all comminsled with the aw
full explosion Of fire. arms, blended togethe
a vived idea OF Pandemonium. But through
out all the struggle, two individuals nigh
be observed as leaders of the whilwin
and riders, Of the storm. The new judg
used his little iron cane with terrible eticien
cy, crippling'limbs, yet svuring life. Bill
Bufum. initiating the clemsncy OF his hon
ored friend, disdaining the use Of either knit
or pistol, actually trainpled and crushed dow,
all opposition, roaring at every furious blow
"This is the wayto preserve, order in court!
a sentiment which he accompanied wit
loud peala OF langhtefs In less than tel
minutes the party of the Judge triumHhet
the clique of Gen. Smoot suffered disas
trous defeat, and the bully himself was born
away to prison. y, =. ~ ~ :"
Such was the debut Of COL. Archibald \ el
n Arkansas---and from that day his popular
ty as a man, as judge, qs hero, and as
politician, went on rapidly increasing, til
eclipsing the oldest and mostpowerfdl names
It set on the bloody eve of Buena Vista.