Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-09-19
PHYSICIAN.
Early Michigan Law.


from Tue i$hurius iAcpuDheaHsl
Reference has been previously made
to the ancient side-judge system of Mich
igan, which, in utter absurdity and need
lessness, never was outdone by the juris-
prudence of any country, pagan or
Christian. The side judges we're county
officers. elected by the people, holding
their Offices two years, and receiving one
dollar and half each day during the
session 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, snch as granting
writs Of habeas corpus, ticking allowance
Of bail. etc, but not, except in very few
instances. being lawyers, they rarely per-
formed even ministerial duties
Once, however, in what seemed to be
an emergency, the side judges Of Gene
see county concluded that they we're a
majority in the Court, and as such
clothed with decisive powers, even unto
the overriding Of the presiding judge.
The manner in which this bold idea was
elaborated was as follows: A prisoner
had been indicted for burning barn,
under circumstances which excited great
popular Indignation. He was convicted
but his counsel moved in arrest of judg-
ment and for a new trial. Those two
motions were argued and held for advise
ment, and in the meantime the prisoner
was remanded, Court adjourned for din
ner, and Judge Whipple left for Pontiac,
leaving the side judges, Stowe and Jere-
miah r. Smith, TO transact some unlm-
portant business, and to adjourn the
term sine die.
The popular feeling was high against
the prisoner, and perhaps the side judges,
both of whom owned barns, participated
therein; so, after transacting other bust
ness, Uncle Jerry, who, although nc
Jackson man, never feared TO take re-
sponsibility,' turned gravely toward his
associate and said, with great delibera
ton: Judge Stowe, hadn't we better
take up them motions2' think so,
responded he. So, the prisoner being
safely locked up down stairs and hi.
counsel gone to Pontiac, the learned
Judges proceeded to ponder upon tbs
motions in arrest and for new trial
which they overruled in about four min
utes. The prisoner was then brough
np, and, to his utter establishment, wa
sentenced Tor ten years 10 the otats
prison. In an hour he was on his wa!
TO jackson, strongly ironed.
The morning after Judge Whipple ha'
left Flint. he was taking late breakfas
at the Hodges House at Pontiac, whel
the door opened and elank-clank-
clank saluted his ears, and looking, L
his entire bewilderment, he saw hi
prisoner Of yesterday, whose motions h
carried in his pocket, heavily handeutfe,
and fettered, and guarded by the Sherii
Of Genesee. Mr.. Sheriff, in heaven
name, said the Judge, what are yo'
doing with that man Taking hin
TO jackson, your Honor" By who's
authoritv?n "On a sentence Of TEL
years BY side judges, after you left yes
terdav.' But how dared they1 Their
are two notions But, interpose'
the sheriff. the side Judges overrulei
them right off. The Judge boiled witt
indignation, but the prisoner went I
jackson and served out his time. Cal
ms epaulets again. and be hanged I
I'm, said Uncle Jerry after court ad
iourned, winking sagaciously at Judg
Stove.