Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1870-09-16
Early Michigan Law.

Reference has been previously
made to the ancient side,judge sys-
tenn of Michigan, which in utter alb
surdity and needlessness never was
outdone by the jurisprudence Of any
country, pagan or Christian. The
side-itdges were county officers,
elected by the people, holding their
offices two years, and receiving one
dollar and a half each day during
the session Of the circuit court, for
sitting one on each side of the pre-
siding Judge Of the circuit. They
had the powers of a judge at cham
bers, such as granting writs of ha-
bcas corpus, taking allowance of
bail, etc, but not, except in very few
instances, being lawyers, they rare
ly performed even ministerial duties.
Once, however, in what seemed to
be an emergency, the side.judges of
Genesee county concluded that they
were majority in the court, and as
such clothed with decisive powers
even unto the overruling of the pre-
siding judge. The manner in which
this bold idcr was elaborated was as
follows: A prisoner had been in
dicted for burning a barn, under
circumstances which excited great
popular Indignation. He was con-
victed, but his counsel moved an ar
rest Of judgment and for a new trial.
Those two motions were argued and
held for advisement, and the
prisoner was remanded, court adj
journed for dinner, and Judge Whip
pie left for Pontiac, leaving the side
Judges, Stowe, and jeremiah X.
Smith, to transact some unimportant
business and to adjourn the term
sine die. The popular feeling was
high against the prisoner, and per-
haps the side-judges, both Of whom
owned barns, participated therein;
50, after transacting the other bust
ness, Uncle Jerry, who, although no
jackson man, never feared to s. take
responsibility" turned gravely to-
ward his associate, and said with
great deliberation: Judge Stowe,
hadn't we better take up them mo
tions?" 81 think So" responded
he. So the prisoner, being safely
locked up down stairs, and his coun-
sci gone home to Pontiac, the learn
ed side,iudees proceeded to ponder
upon the motions in arrest and for a
new trial, which they overrulcd in
about four minutes. The prisoner
was then brought up, and to his ut
ter astonishment was sentenced ten
years to State prison. In an hour
he was on his way to Jackson, strong
ly ironed. The morning after Judge
Whipple had left Flint, he was tax
ing late breakfast at the Hodges
House, ut Pontiac, when the door
opened, and clank-clank-clank
saluted his ears, and looking, to his
entire bcwilderment, he saw his pris-
oner of yesterday, whose motions
he carried in his pocket, heavily
handcuffed and fettered, and guard
ed by the sheriff of Genesee. "Mr.
Sheriff! in Heavens name," said
the Judge, what are you doing with
that man?''- "Taking him to Jack
son, YOU Honor" "By whose au-
thority?'' "On a sentence Of ten
years by side.iudges, after you left
Yesterday" "But how dared they?
There are two motions. ."-''But," "
interposed the sheriff, "the side.
Judges overruled them right off"
The Judge boiled with indignation,
but the prisoner went to Jackson
and served out his time. "Call us
'epaulets' again, and be hanged to
'um," said Uucle Jerry after court
adjourned, winking sagaciously to
Judge Stowe. = Lansiny Rep"bH-
Ctf1l.