Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-08-25

Wnen Colonel Arcbfheld Yell, after
wards killed At the battle of Bucna
Vista, had taken his ssat for the first
time upon the bench, IN Arlsnsas, the
bar was composed Of . ~ Of lawyers,
who had always browbceten his predc'
ceasors, and had their own way. Judge
Yell determined TO put . stop to this.
The first ease on the docket was called,
and the plaintiff stood ready. 1t was
n case that had been in litigation for
five years. General Smoot arose for
the defendant, and remarked, in ar
overbearing tonc:-''Our witnesses are
absent, and therefore | demand that
the case be continued until next term,
in course"
"Let the affidavit be filed, for not till
then can l entertain . motion for con-
tinuance," was the reply Of the Judge.
do you doubt my word - to the
facts!" Gen. Smoot exclaimed sharply,
and Involuntary raised his huge sword
cane.
"Not At all" replied the Judge with
his blsndest smile; ''but the law re-
qu;re, that the facts justifying . con
tinuance must appear on record, and
the court has no power to annul law,
nor any will to see it annuled."
The Judges calm and business ike
tone and manner only served to irritate
the bully. and he rctorted, shaking his
sword-canc in the direction of the
bench. "Whstever may be the law, l,
for one, will not learn il from the lips
Of an upstart demsgoguc and a cow
ard :"
Judge Yell's temper was little NOV.
ed at this reply, but he only turned to
the Clerk, and ssid-"Clerk, you will
enter a fine Of fifty dollars against Gen
Smoot, rs ! see him named on my
docket, for gross contempt of court
and be sure you issue an immediate ex-
ccutiOn."
lie had hardly communicated the
order, when Gen. Smoot was seen
rushing towards him brandishing his
sword cane. Every glance was fixed
on the countenancc Of the Judge, for
all wished to know how he would bear
the coming shock Of the duelist's fierce
assault. But none, however, could de-
tect the slightest change in his appear.
ance' lie did not change color nor
did nerve seem to tremble his calm
eye surveyed the advancing foe, with
little Of perturbation. lie sat crfcct-
ly still, with a little staff Of painted
iron in his hand. Smoot assembled the
platform, and Immediately aimed ire
mendous blow at the head Of his foe. |
A. that blow, all expected to see the
victims skull shivered to atoms. The
general establishment then may be con-
ceiyed, when they beheld the little
iron staff describe = quick curve, as
the great sword.cane flew from Shoots |
fingers, and fell with loud clatter at
the distance of twenty feet in the hall |
The baffled bully uttered a yell and
snatchcd his bowic-knifc from its
sheath, but ere it WAS poised for the
desperate plunge, the little iron stall
cut another curve, aud the big kuifc |
followed the sword-canc. lie then
hastily drew revolving pistol, but be- |
fore he had time to touch the trigger
his arm was struck powcrlcss by his
side. And then, for the first time, did |
Judge Yell betray perceptible emotion. |
lie stamped his foot till the platform
shook beneath him and shouted in
trumpet tones-"Mr. Clerk, you will
blot this rufiian's 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
the mandate, and Immediately scene
of confusion cnsucd which no pen can
describe. The braves and myrmidon
friends of Gen. Smoot gathered round
to obstruct the Sheriff, while many of
the citizens lent their aid to sustain
the authority Of the court. Menaces,
shouts, and curses were comminglcd.-
The new Judge used his little iron
cane with terrible efficiency, crippling
limbs, vet sparing life. The Sheriff
initiating the clcmency of his honored
friend, disdaining the use of either
knife or pistol, actually tramplcd and
crushed all opposition, singing out at
every furious blow-'this is the way to
preserve order in court,"-a sentiment
which he accompanied with a wild
peal of laughter. In less than two
minutes the party of the Judge trump
ed, the clique Of Gen. Smoot suffered
disastrous defeat, and the bully him
self was borne away to prison. Such
was the debut of Archibald Yell in Ar
kansas; and from that day his popu-
larity, as a man, as Judge, As hero,
and as politician, went on rapidly in
crcssing, till eclipsing the old and most
powerful names, it set on the bloody