Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1880-05-18
Field fell two votes short Of the nomina-

all his debts, with interest at the rate o
ten per cent month He was over.
wheImed with clients. There was dis
pute over placer mine in Yuba River
at Park Bar Mr. Field was retained
Suit was brought before Justice Of the
Peace for an alleged forcible entry anC
detainer, form OF action in vogue fol
the recovery of mining claims, because
the title to the land was vested in the
United States. 1t was prosecuted pure
ly as possessory action. The consta
BILE who summoned the jury had receiv
ed 5000 to summon parties named by the
other side. This fact was ascertained ed
beyond controversy by evidence placed
in the hands of Mr.. Field. While in
bed at Park Bar he overheard con-
versation between juror and one of the
opposite parties in an adjoining tent
The juror assured the party that every
thing was fixed, and that the jury had
agreed to render verdict in his favor.
The trial was held in saloon crowd
ed with spectators, most of whom were
friendly to the other side. In summing
up Mr.. Field addressed the jury for three
hours. He showed conclusively that his
client was entitled TO a favorable YER
dict.
"GentIemen," said he in closing his
argument, 1--WE have not endeavored to
influence your verdict except by the evi
denoe. We have neither approached
you secretly nor sought to control you.
We have relied solely upon the law and
the evidence to maintain our right to
this property. But our opponents have
not thus acted. They are not satisfied
to allow you to weigh the evidence
| T1hoyy Haoy To
minds and pervert your Judgment. With
upliftei hands you declared by the ever
living God that you would return ver-
dict according to law. Will you perjure
your souls? [ know that you (pointing
to juror have been approached. Did
you spurn the wretch that made the
proposal, Or did you hold secret counsel
with him: 1 know that you (pointing
to another juror talked over this case
last night, fer l overheard the conver-
| sation, the promises, and your pledge.
Canvas houses are as one here. Words
uttered in one are voices in all. You
did not dream that you were heard, aat
| was there, and ] kn0w tne details Of
the fogl tea:,,Gc;s:I.."
Al this an oinincos ''ciick, click,
click" was heard. a score of pistols
were cooked.
'There is no terror in your pistols,
gentlemen" continued Mr. Fielat, "a a
thrilling tone. "You cc::.laot win your
case by shooting me- You can win it
co,y Oy showing title to the property
Ycu can never win it by bribery or
threats ofviolence. openly change So
tempted bribery. fit p untrue, let the
Jurors speak FROM tho.s saata. Atternnt-
ed bribery, 1 say-whether successful
or Dot will depend upon what may occur
hereafter. Jurors, you have invoked
the vengeance of Heaven upon your
souls if you fail to render a verdict ar
cording to the evinence. IF y0,. are
willing to sell your so-..lz, s,e25le against
Us"
| 1'ne address was effactuai. After an
| aosence ofa few minutes the jury return
ed verdict in favor of Mr.. Field s client.
Some admitted that they bad been cor
ruptly approached, but added that tha7
were not so base TO be Influenced =, that
way. Within two We2aa the owners
TOOK fF2277Af Ig'a pager over $40 900 in gold
dug
Gordon n. ,#ott was appointed Judge
in the new judicial district. In the
summer OF 1851 the Governor issued {.
proclamation for the fall electiGc. Many
supposed that Judae I+.c.r, under his ap
pointment wo,im hold ever until the
/ ifii, OF 1852. Candidates were nonlinat-
ed, however, III accordance with the
Governors proclamation, and Vr,. Z.
Barbour, lawyer Of NcVgGa county,
was elected. Judge lIotS expressed the
Hp4ni2p .a2t fSlcle vas 10 vacancy, and
DECLINED TO IGFT6nIer the office. This
led TO q suit. As the question was ex-
clusiyeiy one of law, by the consent Of
both parties n case was made I'D and
presented to the Supreme Cong.. Gfnat
tribunal decided in fsv19 ~ t:.a elected
Judge. ~. ;..el,a argued Judge Motifs
Ia,.s<,. 'inia gSve offence to Judge Bar
bour. When his term was about to ex-
pire he became candidate for re-elec-
ton. Mr.. Field advised his friends 10
vo,e against him, and toob ~. c2r1;,i,,ye part
i'll the canvass,
Juie4 .>aIoi,,!f fe;a.:sted in the most
| offensive terms, and MIR Field protest
ed. The Judge repeated his language,
and challenged the lawyer to settle the
difficulty in the Usual way anoSg gen
tlemen. The challenge was accepted on
the spot, and Alr. Field designated Judge
Mott as his friend. In less than half an
hour Mr.. Charles S, Fairfax called upon
Judge Mott as the friend Of Judge Bar
bour. He said that the Judge had IN,
strUcted him to accent NTr. 4ie,u's ahas-
ienge, and ig was there TO arrange terms
for o. hostile meeting. Judge Mott re,
piled th;,t he understood ;he matter diff
ferently. The challenge came from
Judge Barbour, and hIr Field had ac-
cepied it. Fairfax insisted upon his
version OF Tie affair. Judge Mott con-
suited with his principal, and Hir. Field
told him TO waive the point and acappt
the situation. After consolidation with
Judge Barbour, A+r. 4]aisfax fixe,; the
ti,ta.a toT t.'..a evening, the place ofmaet-
ing a designated room twenty feet
square. and the weapons Cults revoly-
eTs and bowie knives. The priuripals
were TO be placed at opposite sides OF tie
room with their faces to the wall, and
were to turn and fire at the word. aud
then 10 advance and c1a si.o conflict
with their kniveS. Judge Mot. said that
the terms were barbaEous and unDYe-
cetented. and lie could not consent to
them. Mr.. Fairfax admitted this, ..it
added that they were .hoso prescribed
by his principal. ii the Judge wished
ii, he would try to have them modified.
he reported that Judge Barbour i'll
sisted upon the terms first named, and
would agree TO no others. Mr.. Fiel,,
told Judge Mott to accept ther, t.he
Judge gave notice that t.:5 man yould
be ready at the designated time and
place. Fairfax soon afterward returned
with {: message from Judge Barbou,
waving the bowie knives. judge Mott
replied that his principal would inter
pose no objection. A second time Fair-
fax reappeared with 8 second message.
On reflection, Judge Barbour had con
GUIDED that it would not 90 ta have the
fight in the room designated, because tbs
firing woqld be heGTI outside and at
tract q cro'Ja, Ua.o might interrupt the
I7iest.Dg. Qualifications were again pro.
posed. It vas finally agreed that the
duel should he fought On the following
morning. in Sutter County. Mr.. Field
was 10 takea a private carriage, and Judzx
Barbour was to arrive on on9 o. :ha two
daily stages that AZ 10 sacramento. Al
a specified p.aoe ti.ey were to leave thej,
;e@avayauces and walk to q retired sDot
where the affair could be settled
Judge Mott and rs principal were G.:
the spot ahead OF time. when tn.
Sacramento stage aDce-red, MIR FairCay
aud Judge Harbour alighfed. TO Mr.
20 -. rS-t- =