Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-12-26
COLONEL YELL's FIRST SPEECH

Col Archibald 1ell represented the State of
Arkansas IN Congress, few years ago, anil re-
signed his seat on the breaking ort Of the Mexi-
can war He served with distinction in Alexi-
co, but unfortunately, was killed at the battle of
Buena Vista.
Archibald Yell was one of the earliest Judges
IN Arkansas. When he originally took his seat
upon the bench, the bar was composed of set
OF lawyers who had been in the habit OF brow
beating his predecessors, and taking their own
way in everything. Judge Yell determined to
put stop to this. The first case IN the docket
was called, and the plaintiff stood ready. 1t was
case that had been in litigation for five years.
General Smoot arose for the defendant, and re-
marked IN an overbearng tone; Our witnesses
are absent, and therefore ! demand that the
case be continued until next term, in course
Let the at'idavits be filled, for not until then
can entertain motion for co tinuance.' was
the reply Of the Judge.
Do you doubt my word as 10 facts?' Gen.
Smoot exclaimed sharply, and involuntary rais-
ed his huge sword-cane
Not at ALL replied the Judge with his bland
est smile; but the law requires that the facts TO
justify continuance must appear on record ,
and the court has no power to annul law, nor
any VIII 10 see 1t annulled.'
The Judges calm and business-.e manner
= aAlng his sword cane in the dire ton of the
bench. Whatever may be the law. l. for one
viii not learn 1t from the lips OF an upsiart dem
agosue and coward =
Judge lelI's temper was little moved at this
reply, but he only turned to the Clerk and said
- Clerk, You will enter fine OF fifty dollars
against Gen. Snoot, as ! see him named on my
docket, Tor gross contempt OF court and be sure
you issue an immediate execution
lie hardly communicated the order when Gen
Smoot was seen rushing towards him brandlsh-
ing his s~ord-cane. Every glance was fixed on
Inc countenance OF the Judge, for all wished to
know how he would bear the coming shock of
the duellsts fierce assault But none however,
could defect the slightest change in his appear
ance' lie did not change color nor did nerve
Seem to trenble; his calm eye surveyed tue ad-
vancng foe with little perturbation. He sat
perfectly still, with little staff of painted on in
his hand. Smoot assembled the platform, and
immediately aimed tremendous blow at the
head OF his foe At thlt blow, all expected to
see the victims skull dashed to atoms.
The general astonishment may be conceived,
when they behed the little iron staff describe a
quick curve, as the great sword-cane flew from
smnot's fingers and fell with loud catier at
the distance Of twenty feet in the hall, The
battied bully uttered yell and snatched his
bowIe-knIie from its sheath, but ere it was pois-
I'd Tor the desperate plunge, The little iron staff
cut another curve, and the big knife followed
the sword-cane. lie then hastily drew a revolv-
my pistol, but before he had time to touch the
tilg2er his arm was struck poweress by his side
And, then, for the first time, did Judge Yell be-.
tray perceptbe emotion. He stamped his foot
till the platform shook beneath him and shouted
IN trumpet tones, Mr.. Clerk you will blot this
Tutiian's name from the roll Of attorneys, as a
foul disgrace TO the bar. Mr.. Sheriff, take the
criminal to jail The latter officer sprang to
obey the mandate, and immediately a scene of
confusion ensued which nopen can describe. The
bravoes and myrmdon friends of Gen. Smoot
gathered round TO ohstruct the Sheriff, while
many Of the citizens lent their aiI to sustain the
authority of the court. Menaces, shouts, and
curses were commin.led. The new Judge used
his little iron with efficiency crppling limbs,
yet sparng life. The Sheriff initiating the Glenn
ency of his honored friend, disdainlng the use of
either knife or pistol, actually trampled and
crushed down all opposition singing out at ev-
cry furious blow this is the way 10 preserve
order in court,-a sentiment which he accom-
panied with wild peal Of laughter. In less
than two minutes the party OF the Judge tr-
umphcd, the clique OF Gen. Smoot suffered dis
astrous defea;, and the bully himself was bornc
away to prison.
Such was the debut of Archibald Yell in Ar
kansas and from that day his popularity, as
Judge, as hero, and as a politician, went on
rapidly increasing till eclipsing the old and most
powerful names, it set on the bloody eve OF Buena
Vista.