Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1858-01-06
COL. YELL's FIRST COURT.

When Colonel Archibald Yell, afterwards
killed at the battle of Buena Vista, had taken
his seat for the first time upon the bench, IN
Arkansas, the bar was composed of set of
lawyers who had always brow-beaten his pre-
decessors and had their own way. Judge
Yell determined to put stop to this. The
first on 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 remarked
in an overbearing tone:
s.Our witnesses are absent, and, therefore,
l demand that the case be continued until next
term, in course"
ssLet the affidavit be filed, for not until then
can entertain motion for continuance was
the reply of the Judge.
ssDo you doubt my word as to the facts ~
Gen. Smoot exclaimed sharply, and invelun-
tarily raised his huge sword cane.
ssNot at all,' replied the Judge with his
blandcst smile; ssbut the law requires that
the facts justifying continuance must appear
on record, and the court has no power to an
nul law, nor any will to see it annnlled.'
The Judges calm and business like tone
and manner only served to irritate the bully,
and he retorted, shaking his sword cane in the
direction, Of the bench. ssWhatever may be
! the law, I, for one, will not learn it from the
! lips of an upstart demagogue and a coward ~
Judge YelPs temper was little moved at
this reply, but he only turned to the clerk, and
said s'Clerk, you will enter fine of fifty dol
| lars against Gen. Smoot, l see him named
on my docket, for gross contempt Of court ;
and be sure you issue an immediate execu-
| tion.''
| He had hardly communicated the order,
| when Gen. Smoot was rushing towards him,
| brandishing his sword cane. Every glance
was fixed on the countenance of the Judge,
| for all wished to know how he would bear the
shock of the duelst's fierce assaults but none
however, could detect the slightest change in
| his appearance. He did not change color,
nor did nerve seem to tremble: his calm eye
surveyed the advancing foe with little of per-
| turbation. He sat perfectly still, with little
rod of painted iron in his hand. Smoot as
cended the platfrom, and Immediately aimed
tremendous blow at the head of his foe. At
that blow all expected to see the victims skull
shivered to.atoms. The general astonishment
then may be conceived, when they beheld the
little iron staff describe quick curve, as the
great sword-cane few from Smoot's fingers
and fell with loud clatter al the distance oi
twenty feet in the hall. The baffied bully ut
tered yell, and snatched his bowe-knife from
its sheath, but ere it was poised for the des
perate plunge, the little iron staff cut another
curve, and the big knife followed the sword
cane. He then hastily drew revolving pistol
but before he had time to touch the trigge
his arm was struck powerless by his side. AnC
then for the first time did Judge Yell betra.
perceptible emotion. He stamped his foot til
the platform shook beneath him, and shouted
in trumpet tones, ssMr. Clerk, you will bio
this ruffian's name from the roll of attorneys
as foul disgrace to the bar. Mr.. Sheriff
take the criminal to jail.'' The latter office
sprang to obey the mandate, and immediatel
| a scene of confusion ensued which no pen ca
: describe. The braves and myrmidon friend
Of Gen. Smoot gathered around to obstruc
, the Sheriff. while many of the citizens len
their aid to sustain the authority of the court
Menaces, shouts, and curses were commingled
, The new Judge used his little iron cane wit
terrible efficiency, cripplng limbs. yet spar
f ing life. The Sheriff, initiating the clemenc
OF his honored friend, disdainng the use {
a either knife or pistol, actually tramplcd an
c crushed all opposition, singing out at ever
= furious blow. .sThis is the way to preserve ol
. der in court pa sentiment which he accom-
panied with wild peal of laughter. In les
e than two minutes the party of the Judge tr
1 umphed, the Clique of Gen. Smoot suffered
: disastrous defeat, and the bully himself wa
G borne away to prison. Such was the debut
Archibald Yell in Arkansas and from that h
II popularity as man, as Judge, hero an
: as a politician, went on rapidly increasing, ii
;. eclipsing, the old and most powerful names
c it set on the bloody eve of Buena Vista.
: KANsAs.-The Special Session of the ne
: Territorial Legislature of Kansas, called b