Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1884-04-11
THIRTY YEARS AGO.
How Mining Judge Charged G Jury with
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How Mining Judge Charged Jury with
Revolver.
From the San francisco Sunday Call
In the aourishing mining camp known
as Chipps' Flat, Sierra county, thirty
years ago, the location of the claims and
the mining laws adopted Hereunder
were such that one continuous war Of
litigation was the result. The conse-
| quence was that the lawyers, located at
! the coutny seat Downieville), reaped a
| rich harvest, and some suits which had
| been early commenced remained unde-
! cided when the claims were worked out.
The laws of Chipps' Flat provided that
each individual miner should have the
right to hold sixty feet on the lead. As
new companies were formed they COM
1nenced tunnels to take the lead where
the last company, by the laws adopted,
should stop working the channel. But
| the channel was SO rich that the temp
tation grew too strong to stop taking
out the pay gravel at all. Hence the
litigation Two mining companies hay
| ing conflicting claims, seeing the utter
impossibility Of settling their disputes
| by resort to the district court. mutu~
ally agreed to try their cause before a
| Justice Of the peace, anda jury OF twelve
| miners, selected from those having river
claims on the Middle Yuba. A. S. M
MILAN Of Minnesota, the banking and
! express agent of Langton's express and
banking house at DoNnieyille, had been
elected justice Of thepeace for the town
ship, including Minnesota ana Chips
Flat. in 1858. So it was agreed tIatLe
should preside, and the trial came of
early in the year 1854, at Chipps' HAT
In order that sufficient room should he
had for the parties litigant and Then
friends, the billiard and liquor saloon Of
Paul Copperas (now living at Snow
Point, Nevada county, just g little to
the east of south Minnesota was
chosen as the most spacious building III
to n The trial commenced promptly
at 9o'clock in the morning and occupied
the entire day.
Both of the parties litigant had plenty
of money, and each seemed to Vie with
the other in iberality during the pro-
gress Of the trial. Lawyers had been
provided by each side to conduct the
case, and tmust be presumed that they
felt no interest in putting stop TO the
liberality Of their respective clients. At
al events frequent recesscs Of the court
were had during that day, OF five min
utes each, when refreshments would he
- ,h,, .tnr
| Justice Mcmillan was not very ernrite
in the law; but if there was one thing
| in which he exhibited great pride it vas
to be addressed as "your honor while
| presiding in case. Anything more
| familiar than that always reused his Ire.
| The numerous adJournments which the
court took this day had more parceptible
effect Oh the presiding Justice than on
anyone else connected with the case,
though champagne and whisky had
| been freely imbibed al round. Plenty
of the substantials in the eating line
had also been provided, in order that
the case might be determined at one sit
ting. The testimony was all III at ;,
! o'clock, and the counseI had concluded
their arguments at a little before mine.
Realizing the fact that many thousands
Of dollars were involved III the SUIT.
Mcmillan thought it incumbent or hin,
for the first and last time IN his life To
deliver charge to the jury, and did
By this time the frequent aIjournmentS
had produced q marked change III "lll%
honor His tongue seemed thick and
his utterances had no meaning OF spe
cial application to the case at bar. w
on Mcmillan stating that such and such
were laws fol- the jury to consider, one i,1-
rynan, clearheaded and sober, made this
inquiry: "Mac, where do you find that
law % t'What is that ,sir?", angrily in
CURED "his honor IT simply want to
know" replied the juror, "where you
found the law just quoted?" Dash
dash your SOUL" replied "his honor"
I'll give you to understand that when
/ tell you thing is law, it is law"
,.. THE JUDGES CHARGE.
Upon this his honor reached his right
hand down to his left hip, where he
had a large navy Colt revolver in its
sheath, and drawing it, the juror saw it
was no place for him, and he broke for
q side door and escaped from the room.
AS his honor still held the weapon in
threatening attitude the remaining jury
thought it would be more healthy to be
outside, and SO they followed the first
Jurynan. Believing the dignity ot the
court to be horribly outraged, his hon
or followed, threatening dire vengeance
| upon the whole jury. The ridge be-
tween Chipps' Flat and Minnesota at
that time was heavily timbcred with
pine and fur, There was a fat Of fifty
or sixty yards before reaching this
| ridge and the jury seeing. the irate Justice
making for them, revolver in hand,
1 at once broke for the timber, he following
closely and threatening death to each and
al unless they returned to the court.
room But the jury outfooted the
Judge and took shelter among ts,s timber
That jury never reassembIed to render
ITS verdict. The n1embers Of the two
mining conp anies IN litigation met that
/ night IN q spirit of the best, humor-il,
TACT they had been so all day--talked
over the abrupt dispersion Of the jury,
md nd mutually agreed to divide the min
1 ing ground in dispute: Aud that ended
1 the last litigation on Chips Flat. But
all those conversa,1t With the facts of
the ending Of this trial still maintain
thatson this occasion N cNl illans charge
to the jury was The most remarkable Of
all time.
Poor Mcmillan He was al honest a