M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1857-04-23
Col. Yelps 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 plaintiff
stood ready. 1t was a case that had
been in litigation for five years.
General Smoot arose for the defend
ant, and remarked in an overbearing
tone: sour witnesses are absent, and
therefore / demand that the case may
be continued until the next term, in
course"
"Let the affidavit be filed, for not
till then can entertain a motion for
continuance" was the reply of the
Judge.
"Doyou doubt my word as to facts9"
General Smoot exclaimed sharply,
and involuntarily raising his huge
swordcane. .
"Not at all, replied the Judge with
his blaudest smile, "but the law re.
quires that the facts justifying con-
tinuance must appear on record, and
the court has no power to annul a
law, nor any will to see it annulled."
The Judges calm and business.like
tone and manner only served to irri
tate the bully, and he retorted, shak-
ing his sword. cane in the direction of
the bench. "Whatever may be the
law, |, for one, will not learn it from
the lips of AN upstart demagogue and
coward" 4" .
Judge Yell's blue eyes shot light
ming, but onlyturned to the Clerk and
said: "Clerk, you will enter fine of
fifty dollars against Gen. Smoot, as |
see him named on my docket, for gross
contempt of court, and be sure you
issue an immediate execution"
He had hardly communicated the
order, when Gen. Smoot was seen
rushing towards him, brandishing his
sword cane, all his features writhing in
murderous wrath, and pallida as corpse.
Every glance was fixed on the coun-
tenance of the Judge, for all wished to
know how he would break the COM
ing Of the duelsts fierce assault. But
none, however, could detect the slight-
est change in his appearance. His
cheek grew neither red nor white, nor
a nerve seemed to tremble; his eallaa
eye surveyed tho advancing foe with
as little sign Of perturbation as
chemist might show scrutinizing the
efervescence of some novel mixture,
lie sat perfectly still, with a little staff
Of painted iron in his hand; Smoot
assembled the platform, and immediate
ly aimed a tremendous blow at the
head ofhis foe. At that blow five
hundred hearts shuddered, and more
than a dozen voices shrieked, all ex-
pecting to see the victims skull shiv-
cred to atoms. The general astonish-
ment may then be conceived, when
they beheld the little iron staff de-
scribe a quick curve, as the great
sword-cane flew from Smoot's fingers,
and fell with a loud clatter at the dis
tance of twenty feet in the hall. The
bafled rufian uttered a 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 big
knife followed the sword-cane. He
then hastily drew revolving pistol,
bnt 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-
BILE emotion. He stamped his foot
until the platform shook beneath him
and shouted in trumpet tone-"Mr.
Clerk, you will blot this rufian's name
from the roll of attorneys, as a foul
disgrace to the bar. Mr.. Sheriff, take
the criminal to jail" The latter Of
ticer sprang to obey the mandate, and
Immediately scene Of confusion en-
sued which no pen can describe
| The bravoes and myrmidon friends of
Gen. Smoot gathered around to OBJ.
struct the Sheriff, while many of the
citizens lent their aid to sustain the
authority Of the Court. Menaces,
screams, and horrid curses, the ring OF
impinging and crossing steel, the al
ternate cries ofrage and pain all COM
mingled with the awful explosion Of
fire arms, blended together a vivid
idea Of Pandemonium. But through
out all the tempestuous strife, two in
dividuals might be observed as leaders
of the whirlwind and riders of the
storm. The new Judge used his little
iron cane with terrible efficiency, Grip.
pling limbs, yet sparing life. Bill
Buffnm, initiating the clemency of his
honored friend, disdaining the use Of
either knife or pistol, actually tramp
led and crushed down all opposition,
roaring at every furious plo&-''this
is the way to preserve order in Court
). "a sentiment which he accompanied
!. with wild peals of laughter. In less