Weekly Trinity journal., 1874-03-14

4
cdide and his suspected colusion with
Sims rose cverastingly before them, pre-
scntng an impossible barrier between
them and Justice, \ protracted and eX
haustive view of the case only left the
attorneys less hopeful than evcr-whcu
Prim, in haltsoliloquy remarked "If
we only had Court of Appeals"
Great God, sir !" exclaimed Kinney,
springing to his feet in state of intense
excitement. Why did we not think of
that before? We will have Court of
Appeal, sir ?.
Prim did not understand him, thinking
he referred to u probable election and the
organization of the regular judiciary,
and suggested, gravoy, that their client
would probably starvc, and reach the
Court Of Death, before they would get it
before any earthly tribunal.
">No, sir !" continued Kinney with in
creasing warmth; ." say we will have
Il Court Of Appeal within twonty-lour
hours. Who made the id scoundrol
otcdidcP We, the people, sir ! and il
we have the power TO create one court
we have the power to make another high
enough to try and hang the one below it,
if necessary"
a new light dawned upon Prim. Kin
ney was right. His good, strong sense,
by going back to first principles and in
voking the power of the people to correct
an abuse which was the result of their
own Short sightedness, had solved prob
lem that to the lawyer was full of stub
born impossibilties. A Court of APP
peal was resolved on. Sprengcr was inn
mediately despatched TO summon the
boys" TO miners meeting. IIc was
not armed with any wordy legal process,
with its angular and imperious verbiagc,
but with writ that found soft spot in
every rough breast among the mining
population n writ that the miners never
resisted-an appeal to their sympathy
and sense of justice. Mover was impcr-
ial ukase more potent. Never did fiery
cross on Highland height arouse the
clans moro cilectually than this simple
appeal did the mining population in the
early days and the crippled envoy was
as successful as his advocates could wish.
The "boys" threw down their tools and
deserving their claims hocked to the town
nearly thousand strong, and in per
feet fcrment of Indignation. A commit
tee waited on the dlcdide to demand n
e-hcaring for Sprcngor, but he declined
to open his court for the purpose of re-
versng his own judgment. Kinney at
once sprung upon stump, called the
meeting to order, and suggested the or
ganizaion of n Court of Appeal, with
full power to review the proceeding of
the court below. The proposition struck
the popular chord, and the affirmative re-
sponsc that swelcd up from the crowd,
which was now in i'll mood for trilling,
almost drowned the speakers voice, A
gentleman named Hayden, native Of
Connecticut, known for his uprghtness
and probity, was unanimously pointed
to for the position of Chief Justice. In
vain did Mr.. Hayden protest and decline
the prohered honor in vain did he mod
estly assert that he was ignorant Of law
and unwilling to bear so grave response
bility. The popular current was too
strong; wild yell Of acclamntion pro-
claimed him Judge Of Appeal, investing
him, in "A limited sphere, with n power as
supreme rs ever clothed czar or sultan.
The new justice did not whit for formal
certificate of election, but proceeded with
the organization Of his court in a manner
TINT showed him to be n man of no ordin-
AIRY business capacity. A clerk and shcr-
( ill were at once appointed, n record open
ed on which was spread the cxtraordin-
airy proceedings Of the hour, and when
the court was in working order, n man
/ ddmus was issued commanding Al
calde Rogers to appear with the rec
ords Of his court. The writ was disobcy-
ed, the 0icdtde refusing to recognize the
appellate powers Of the new court. An
unexpected complication having thus
arisen, the process was about to be en-
forced by the excited people, when Justice
! Hayden, maintaining the dignity Of the
court amid tho greatest uproar, solved
the difficulty by ordering the parties in
equity to appear before him for new
trial. Sims dared not disobey, seeing
that the dissolution of the high court
would be the signal for popular violence,
and securing the services of Orange ia
cobs, young attorney from Michigan,
promptly responded, and the trial went
on. A yenire was issued for n jury
twelve good ard lawful men-subp0nas
issued for witnesses, and the case formal
/ ly opened. Jacobs, Of whom little was
known except that be was recognized as
quiet, unassuming miner, appeared
with an able and apparently exhaustive
argument, protesting against and denying
the extraordinary jurisdiction assumed
by the court as contrary TO tho organic
law OF the territory, and therefore against
public policy and revolutionary and
moved that the case be dismissed iol
want of jurisdiction. He pleaded as ono
welded TO his profession as an abstract
science, jealous Of the laws Infringement
for its own sake but he appealed to :
judge who sat for the dispensation Of just
ice more than the viudicatiOn Of law. ant
as might have been expected, his motor
was overruled. Prim and Kinney man
aged the case with the skill of veteran at
torneys, and in knowledge Of the peculiar
circumstances surrounding il overmatch'
. ,d tbai. o,,,opnut v,ho doft1v and cour.