Weekly Trinity journal. [volume] (Weaverville, Calif.) 1857-1972, 1878-10-05
ONE OF THE JUDGES.

Vermont who was driven, by the per-
verse stupidity and prejudice OF jury, to
give an item of instruction that virtually
amounted to acquitts of the detendent.
Here is II case somewl at different, and
which, as may be supposed, happened in
different section.
Our Vermont judge put forth the last
effort in his power to enhghten his jury;
but the judge of which it is my province
now to tell proposed to be court, counsel,
jury, and all hands-n short, to "run the
mach,ns" after his own fashion. l will
tell the story rs il was told to me.
| Not u thousand miles from St. As-
thony, on the Mississippi, in the days
when the az of the pioneer had not clear
I'd the wsJ so far beyond the river ms it
now has, in organizing matters for the
proper conduct OF civilized affairs in
their new community the good people hit
upon old Sam Belknap for Judge of the
Courts court Superior, Interior, Civil,
Criminal, judicial and all.
And no was the man for such court.
Ever since the EAstmsns and the Cases
and the Abbotts had brought their
wealth TO that section, and induced set
tlement. Old Sam Beknap had been the
recog nized peace maker OF the commGn
ity. He vas just such AN evangel as was
the "Swamp Angel" that WAS set up dur
ing the "little unpleasantness," over
against Sumter. He was muscular
Christian, and would have peace it he
had to fight for il. And he wasa man of
honor, and of understanding. Do not
run away with the idea that our judge
was bockhead. No, no. He may
have had very primitive ideas of legal
and Judicial jurisprudence, but be sure he
meant to do the right thing.
Aye Old Sam was the man for Judge,
and ha was duly installed int, tho office
The first jury trial of any importance
called the judge out in all his glory. A
river pirate-ono of those heartless ras'-
Gals who wou id travel up aad down the
Mississippi seeking whom they may de
vour-was brought up for highway rob
berry. Such was tho action, though
the robbery had been comm mtted on
hoard OF steamboat, and whilc coming
up from Point Douglass. Tho robber
was pol i-hed scoundrel, well known on
the river. aud long notorious for his sue
cess in gambling, horse stealing, shoot
ing, and 50 on. The party robbed was q
staid, respectable stock breeder of Red
| Wiug-a man from the State of Maine,
who had come to be respected and honor
ed for his sterling manhood and valuable
assistance to society, The case came TO
trial with Sam BelknNp on the Bench.
| The Court. House--a new one otdhe dis
| rict-was entirely new to him, and the
jury was mostly new. The prosecuting
attorney wasa New Hampshirc man. well
read IN the law, but no: brilliant, nor
could he be called energetic. The priao-
ner bad employed two lawyers to defend
| him--one from 81. Louis, aud ono from
| La Crosse.
The case can @ on and whom the prose-
cutting attorney would have called his
witnesses, he could not nnd them The
man who bad been robbed was there, and
told his stsry-t told II in manncr so
simple, 50 straightforward, and So candid,
that no man OF sense could possibly doubt
! him. As tor the government witnesses,
they had been either bought off, or frigh
tened oil. That was eviden. The attor-
ney was no coward, aud he boldly assert
cd the lac.. Two or thres of thu steam
boat hands were called, but their te.ti-
mOny only went To- prove that the priso
ner and The man robbed had both been
on board the boat.
For ths defence the two down river
lawyers sproad themselves. They made
their client out TO be n saint, while they
proved the paintive to be n hoary head
ed old ;ascal. The judge held himself in
his seat, but with mighty effort. He
saw plainly that n portion of the jury had
been tampered with, ana that others had
been intim idated. Only one man Of tho
twelve could be depsnded upon, and that
was Prescott Pike, Il townsmnn and long
life friend of his own-a fnnn whose only
fear was to d, wrong, but who feared
nothing human if it came between him
and duty.
BY and by Judge Bslknap arose to
charge the jury, aud we cannot do bet
ter than TO give his brief charge as nearly
in his Swn language as possible.
"Gentlemen Of the jury l''snd he look
ed them over with glance that made
some Of them quail. He SAW the sign,
and il gave rev strength to his purpose.
"I'ys got but precious few words to say
to you but what | do say SHALL Bg pre-
cious, now you mind You've heard
both sides Of the story, ono side told by
man that's been robbed and abused, and
that wants justice, tho other by two hired
pettiiOggers, that have come up here to
defeat justice, aud save the neck Of :he
most audnci0us william that was ever
brought before me Where are the wit
nessess that could have sworn to the rob
bery9 They have beer bought of, some
Of 'em; and others have been frightened
OFT Nov, gentlemen Of the jury, | ve
got just this .Impls charge to give ye:
There sits an old man, honest and true
one of the best men that ever lived who
has been robbed Of five thousand dollars.
Look at him. / want you to know him !
"And now, look there :" And the
Judge pointed u the prisoner, who, by
this time, had begun To feel uneomfort
able. "Look at the Shall | call him
man3 liza looks like u man. But he Is