The Portland daily press., 1870-08-22
Enrly Michigan Law-Hside Judges.o.

Enrly Michigan Law-ssside Judges.o.
The Lansing (MichiganI Republican tells
the following:
Reference has been previously made to the
ancient Judge system of Michigan, which in
utter absurdity and needlessness never was
outdone by the jurisprudence of any country,
Pagan or Christian. The Side-Judges were
county officers, elected by the people, holding
their offices for two years, and receiving one
dollar and half each day during the sess-
ions of the circuit court for sitting one on each
side of the presiding Judge of the circuit
They had the powers of a Judge at Chambers
such as granting writs of habeas corpus, TAX
ing allowance of bail, etc., but not, except in
very few instances, being lawyers. they rarely
performed even ministerial duties. Once how
ever, in what seemed to be an emergency,
the Side-Judge of Genesee County con ncluded
that they were a majority in the court, and as
such clothed with decisive powers, even unto
the overruling of the presiding Judge. The
manner in which this bold idea was elabora-
ted was as follows: A prisoner had been in
dicted for burning barn, under circumstan-
ses which excited great popular Indignation.
lie was convicted, but his counsel moved in
arrest OF judgment and for new trial. These
two motions were argued and held for advise.
ment, and in the meantime the prisoner was
remanded. Court adjourned for dinner, and
Judge Whipple left for Pontiac, leaving the
Side-Judges Stow and jeremiah r. Smith to
transact some unimportant business and to ad-
journ the term sine die. The popular feel
ing was high against the prisoner, and perhaps
the Side Judges, both OF whom owned harms,
participated therein; so after transactng the
other business, Uncle Jerry-who, although
no Jackson man, never feared tO''take the re-
sponsibilty," turned gravely toward his asso-
ciate, and said with great deiberation: /:
"Judge Stow, hadn't we better take up them
motions?" II think so," responded he. So
the prisoner, being safely locked up down
stairs, and his counsel gone to Pontiac, the
learned Side-Judges proceed to ponder upon
the motions in arrests and for a new trial,
which they overIuled in about four minutes.
Tie prisoner was then brought up, and to his
utter astonishment was sentenced ten years
to the State Prison. In an hour he was on
his way to Jackson, strongly ironed. The
morning after Judge Whipple had LETT Flint,
he was taking late breakfast at the Hodge
House at Pontiac, when the door opened, and
10 his entire bewilderment, he saw his nr,son,
er of yesterday, whose motions he carried in
his pocket, heavily hand cuffed and fettered.
and guarded by the Sheriff of Genesee.
Mr.. Sheriff! in Heavens name said the
Judge" what are you doing with that man ?''
Taking him to Jackson, your HONOR
"By whose authOrity?"
"On sentence of ten years by the Side-Jud-
ges, after you left yesterday"
"But-how dared they. There are two mo-
tions"-
"But," interposed the Sheriff. "the Side
Judges overruled them, right off,"
The Judge boiled with Indignation, but the
time. D''
"Call us "epaulets" again, and be hanged to
,um, sail uncle Jerry after court adjourned.
wlnklng sasaciously to Judge Stowe.