Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1862-07-19
Judicial Farce.

Ed. STANDARD: SH:-lIappening to be
ut the famous town of Port Townsend n few
days since, witnessed an occurrence in the
way Of extra judicial proceedings, worth rela.
ting
1t seems that one Il. S. Dyer. j. p, about
the LIST Of June, knowing that Victor Smith
was temporarily absent from til. Territory,
his family still residing thercin,) issued his
summons to said Smith, commanding him to
appear before his Honor on the l4th June,
to answer to a complaint Of ono Billy Arm.
strong, to recover the value of certain " ictas''
sold and delivered, amounting to some $40.
The High Sheriff, j. &. Ginger, forthwith
executed the process by serving copy on tie
Deputy Collector Of Customs, at tie Custom
House.
No notice whatever was given tho family
of Mr.. Smith, nor any other step taken to If.
feet Il gal service. Any school.boy who had
read the statute once would know that this
was no legal service.
The 14th day Of June arrived and his
Honor rendered Judgment by default for the
amount claimed and costs. The next step in
the farce was to advertise the horse for sale
under execution issued on said Judgment. BY
this time Mrs. Smith had learned what was
going OH, and claimed the horse on behal. of
herself and husband as exempt from cxecu-
ton, it being. rs was shown in proof. the only
domestic animal, Of any kind, owned by Smitl,
or his wife in this Territory.
Tho exemption law in such case (Scc. 2,
Subdivision 5-Stat. lS6O-6l. p. 53) is as
follows: ITO each householder, two cows
with their calves, five swine, two stands Of
bees, twenty-five domestic fowls, and provis-
ions and fuel for the comfortable maintenance
Of such householder and family for six months I;
Pyorided, l hat in case such householder
shall not possess, or shall not desire to retain
the animals named above, liz may select from
his stock aud retain other animals not to ex-
coed one hundred and fifty dollars in value -
Another portion of tina same law declares
in effect that the right Of presumption cannot
BE- waived by married man, unless his wife
Join him in the waiver, by nm agreement in
writing, &c.
Thcrpupon June 2lth) the Sheriff sum.
moned three housrholders, to wit: L. H. Hes.
tings, J. +. Blumberg and +. A. Wilson to
determine the question Of exemption. After
hearing the evidences, the first two Hastings
and Blun,berg) decided that tho horse was OK.
empt from execution. The StAev, however,
was perplcxed with grave doubts. He
couldn's see how the family Of q man dracixg
a salary could be entitled to the benefit Of the
exemption law" and (having in his minds
eye, probably. some case that occurred once
upon time in the State Of East Machias'')
was Of opinion that the proceedings were "hi-
ass closk."
The rapacity Of the High Sheriff was not
satisfied with the decision, and forthwith three
other men wcre summoned to decide the diff.
cult question. The wisdom Of this second tri.
umvirats was unequal to the task. and there
being black shsrp in the 6ock) they decid.
I'd that they could not decide At all
Being satisfied by this time Of tho high
toned sense Of Justice with which the proceed
ings were conducted, withdrew from the far.
cical scene of operations, and shalt not, per.
haps, witness tho liks again for long time,
unless ! should happen to bs at Port 1Sps.
send.
The result will be, tho horse will be sold At
the appointed hour. and tLree cheers given 70,
Ginger and Dyer. Ossssvss.
Port Townsend, June 90. 1860.