Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-11-22
THE BENCH AND BAR.
Anecdotes of western Judges, Law.
yers and Juries.

In The United States (aEd indeed also IN q
Canada there is no distinction between !
barrister and attorney, and, in the newer
settlements, to become either requires lit
tie study. 1t used to be said that in some
parts of Oregon all man had to do to be /
admitted an attorney was 10 go around for :
some time with law book under his arm, 6
and talk "constitootion" in front OF gro
Gerry" doors.
A gentleman of Oregon gave me copy
of legal document, preserved in the ar
chiyes Of Marion county, Oregon, and
written by an attorney, | knew the mani
regularly licensed to practice. 1t is de-
mUrrer to a complaint in an action
which one 6. B. Wsgnon, defendant,
brought for the recovery of fine for vio-
lsting a statute in the disposition OF estray
animals. Part of it runs precisely thus;
A NOVEL PLEADING.
"And now comes G B Wagnon the De-
fnant in the BoVe Suite or Cause And hles
a Demworrer and says that the plalnun
Should not have Nor maintain his Action
n Gainst said Defanant for the following
saws there is not that plain and concise
statemen Mt of the facts constituting the cause
of action as there is no De Scrlphon OF
Cauller marks, nor Brands nor by noon
apraysed.
"apd further SAYS that he was not Served
with a certifyed copy of said Complaint
therefore the Dsfenant prays this honor
able Cort to Dis mss the Bove Suite this
Sth day Of December, 1859"
Another attorney delivered q famous
defense of a man who was caught in the
act of stealing hank of cotton yarn.
A WITNESS on THE BENCH.
A most notorious rowdy, from New
England. who had escaped the law several
times. was at last captured in the act OF
smashing the interior of Chinese house
of ill-fame. in the little village OF Eureka,
in North California. Evidence against
him was rather weak, and il was feared he
would again escape. But when the prison
er was brought into court, His Honor burst
| upon him with long TRADE of abuse:
"E-e-h! Ye long, leather, lantern awed
Yankee cuss, we've ketched We, e-e-b, al
last Pll commit him at once y
But, Judge" whispered the clerk
| @you'll have to hear the evidence"
Evidence be blowed !" was the reJoln'
der. "Wasn't thar, and seed it all my
self?"
| Judge p. was holding a term of the
! District Court in the village OF Corvallls,
in the then Territory of Oregon. Ills
court was held in a common log house,
with a large open fireplace, and lew
rough heavy b9uches that had never known
plane.
WHISKY CASE.
An indictment was found against one
Charley Sanborn, for selling whisky at re-
tail although he had no license. de
stood at one side of the fireplace with his
hands deep in his pockets; the Judge sat
anon the end of a school bench on the
other side of the fire When required to
Mead guilty or not guilty, Charley threw
himself on the mercy Of the court The
Judge then sentenced him to pay the low
est fine and costs. At the close OF the sen
tence, the Judge remarked, that while 1t
was the duty of the court to enforce the
laws as it found them on the statute oooS'
the person of the court was not lnlmlcal 10
men who sold whisky"
There is in Idaho Territory Judge who
is well known as Alec Smith,
A DIVORCE CASE.
A woman brought suit in his court for
, | divorce. and had the discernment to select
a particular friend of her own, who stood
, we'll with the Judge, as her attorney. One
: | morning the Judge called up the case, and
addressing himself to the attorney for the
, ! complainant, said:
, "Mr. H, don't think people ought 10
: be compelled to live together where they
: don't want to, and will decree divorce
!, in this case"
9 Mr.. H. bowed blandly. Thereupon the
Judge, turning to another attorney, whom
he took to be the counsel for the defendant
j said:
e "Mr. NJ, I suppose you have no objec-
l ton to the decree"
= Mr.. NJ. nodded assent. But the attorney
4 for the defendant was another Mr.. M, no.
g then in court. Presently he came 10, ana
> finding that his client had been divorced
n without hearing, began to demonstrate
Alec listened a moment, then Interrupt
% ted saving: "Mr. NJ, it is too late. The
court has pronounced the decree Of dl
In vorcino and the parties are no longer mar
d and wife. But if you want to argue TIT
- case right bad, the court can marry then
IN over a9ain. and give you crack at it."
% A CASE OF CONTEMPT.
sat Clear Lake, when an IrishmlI
named Jerry McCarthu, was tried IN IN
- County Court on a charge of whipping hi
N | wife. A point of law raised by the attor
~ new for the defence as to the admisslbllIt,
4" of certain evidence offered by the Distric
40 Attorney.
ne Judge" J. II. Thompson Qor Judg
Ut once. Judge alway',) and the court caiie
ne upon the attorney 10 produce his aulh"rl
ut ties to sustain his position.
y. The attorney being rather slow III hnC
We ing the law in point, the court, just as b
u had found it and was rising to read
tv MED that the evidence was not Admissible
he "Tbe deuce you dor halloed the Dl
nd trict Attorney. "Say, Judge, l will rea
an Won the law, and bet you 4 thousand do
100 lars Pm right" .,,, r
l., bours for contempt Of court" cried Il
~ Judge.
nm "Send 10 Jail and be hanged ~ cried III
r. District Attorney. " | know my right
- and intend to maintain them"
~ The Judge then called out "Sher
5Io CripIer. Crigler Sheriff, take Judge Thorn
lsS son to Jail, and adjourn court four al
~ twenty hours
led Crigler advanced to obey the order, b
ro- halted upon seeing the District Attorn
IN mt himself into "posish J" at the sar
zen time shouting loud enough TO be heard
Ter, over the town, that neither Crlgler n
say any other man should carry him TO ia
the To make things sure, the Sheriff called
leir commitment; but while this was bel
eek prepsred mutual apologies passed betwe
the the court and the District Attorney, a
: O! the order was revoked. The court '
rec- then adjourned for a quarter OF an BIO
the 10 allow. according to custom made .
mos nroyided in such cases, Of drinks be
ave exchanged, after which the trial proceed
- 10 its result in the aCquittal OF the dele
ant.
IMPARTIAL JUSTICE.
its have seen Judge who is said,
bles nursuance of his duty as a magistrate,
t the have fined man S25 for shooting at
Mon, other. but who also (swayed by his I
oun- mos "a a man) mulcted the other IN
s for same figure, for not shooting back ag
the At the Cariboo gold mines in Bri
bout Columbia, lives well known Irish
was Commissioner, whose common sense
lnish sions have gained great reputation thro'
sv "a ont that section of country. On one
a fear cssion two mining companies came De
coted him with some dispute. One sWore
= tbo wav, and the other swore exactly
n - opposite way. The Judge was nonpiu
g "Look here, toys," at last was his
"a VI decision, there's no use you gong to
SOME about it. There's some hard swe'
e sea- somewhere; where l won't pretend to
hope You say this, and they say that aye
osper@ produce witnesses, too. What am tC