Weekly Trinity journal., 1874-03-14
WEAVERVIILE CALIFORNIA SATURDAY, MARCH ii, 1874


ment on law point presented by Jacobs,
he became 50 earnest Us to venture to
bet a small sum that it was good law
and supported by ample authority. Kin
ney sprang to his feet triumphantly he
knew the point wdS law but he knew his
man and the composition of the Jury. .-
Drawing his buckskin purse with an air
Of the most supreme confidence, he flung
three of the old fashioned fifty dollar
slugs upon the table, and demanded the
amount of his opponents bet. II was
bluii against knowledge, and bluff won
Jacobs was recent immigrant, without
the color" in his wallet, and responded
not; there was an audible smile upon the
faces of the jury, and the court, with be-
coming gravity, pronounced tho point
"not we'll taken" Jacobs fought over
every inch of ground and opposed every
effort OF Sprenger's joint counsel with a
moral heroism, that, in the face of an
angry and excited crowd of spectators,
was almost sublime; but he was at a sad
disadvantage, ard talking to court and
jury who did not care a llg for law when
conflicting with their ideas of right and
wrong.
The witnesses examined aud the issue
made, Kinney presented the case to the ju.
ry. He dwelt on the right of every citizen
to the peaceful possession Of his property,
and on the duty every man owed to So
ciety in the protection of his neighbours
rights but it was when he referred to
the relations existing between the twom
that crude human nature triumphcd ovor
legal science and skill. Drawing dis
tinction between partnerships in civilized
communities and those in the wild min
ing region, whoro the sociablo amenities
Of life were uncommon, he showed the
former to be mere commercial and fnan-
cial connections among men, while tho
latter were ties Of brotherhood, sanctioned
and prescribed by custom, and imposing
obligations than which there were none
stronger. He told the jury that mans
partner was required to be his friend, to
sustain him in evil and good ropute, to
share with him in health, TO nurse him in
sickness, TO divide his last ounce of dust
with him, and to stnrd by him when all
others had deserted him. lie summed
up the evidence clearly and lorciby,
showing the jury, who were becoming
each moment moro impatient to render
their verdict, that Sims had disregarded
his neighbor's rights, violated the common
law ofthe region and robbed and abandon
ed--not Sprengcr-but Sims partner. 1t
was then that dccorum ceased, aud the
honest manhood of the rough crowd found
vent in appIauding shouts. The jury
rose and swung their hats, forgetting the
/ dignity Of their position, while Judge
Hayden with difficulty restored order,
and told them That tho case was only
half tried. 1t was now jacobs turn.
lie arose quiet and sclf-possesscd, con-
scious Of strong prejudice against him
self and client, and presented an array
Of legal objections that under other cir
cumstances or before another tribunal
would have been most formidable but
/ he forgot that ho was talking law to n
court sitting only for the purpose Of do
ing equity, and lie talked to istlcs3 ears.
The court charged the jury-an unucc-
cssary proceeding, perhaps, so far ms
their understanding Of the case was con-
cerned but necessary 90 sustain the prop
or dignity Of the court, which would have
been inlringcd had this important formu-
Ia been dispensed with. The charge was
one that might be model for higher
courts. His Honor instructed the jury
that they must strip the case Of all legal
mystiicotous with which Sims counsel
had surrounded it, regarding no law but
that Of right and wrong, and decide upon
their belief Of an existing state of fac! os-
tablished by the testimony, and in such
manner that justice would be done,
though all the law in Christendom fell
TO the ground. And they did 50 decide
it. At first, they experienced great diili
Guilty in their finding. Some Of them
were in favor Of recommending the hang
ing Of Sims others demanded the pun
i-hmcnt Of Rogers as parttccps crimbts
One or two suggested the mercy Of the
court but the difficulty was solved by
the permission Of special instructions
Jacobs again objected, but he looked
askance at Kinney's plcthoric buckskin
and hi. feeble protest was again overrul.
ed. or course, the verdict was for the
complainant, and the court at once or
dc I'd his reinstatement in possession Oh
his claim, his share Of all partnership
property, and allowance of all charge,
during his sickness. The decision wa.
received with deaieniug yell Of applause
amid which the court adjourned. 1t wa
then that the half-smothered feeling o.
Indignation against Rogers found vent
The evidence had disclosed unmstaka
bic rascality and malieasance on the par
Of that official, and his contomptuous non
compliance with the order Of the superio
court could not be passed in silence. 4
: low sullen murmur, like the sweep Of al
approaching storm over treelcss prairie
was heard. Knots Of angry men gather
{ cd together; louder and louder grew the
, tumut, till fierce, determined voice
/ rang out, " Hang him y and five hund
{ red voices hoarse with rnge echoed the
. dreadful words that nearly parayzed the
poor wretch with terror. 1t was fear
ful moment for Alcade Rogers. The ex-
! cited throng swayed to and fro like angry