, 1884-03-13
THIRTY YEARS AGO.
BOW a Mining Judge Charged q
Jury with a Navy Colt
Revolver.


TSan Francisco Sunday CALL
In the fiourishing mining camp known rs
Chips 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.
Two mining companies having conflicting
claims, seeing the almost impossibility of set
ding their dispute by a resort to the district
SQUIRT, mutually agreed to try their
cause before a justice of the peace, and a
jury of twelve miners, selected from thoss
having river claims on the middle Yuba. A.
8. Mcmillan, OF Minnesota, the banking and
express agent Of Langton's express md bank
ng-houss at Downieville, had beef elected
justice Of the peace for the township, includ-
ing Minnesota and Chips Flat, in 1853.
So it was agreed that he should preside,
and the trial came off early in the year 1853
at Chips Flat. In order that sufficient
room should be had for the parties litigant
and their friends, the billiard and liquor
saloon of Paul Copperas NOW living at Snow
Point, Nevada county, just a little to the
east OF south of Minnesota was chosen as the
most spacious building in town.
THE TRIAL.
The trial commenced promptly at o o'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 hberality during tho progress Of the trial.
Lawyers had been provided by each side to
conduct the case, and 1t must be presumed
that they felt no interest in putting a stop to
the hberality of their respective clients. At
all events frequent recesses of the court were
had during that day, Of five minutes each,
when refreshments would be served, mostly
of a liquid character. Judge Mcmillan was
not very erudite in the law; but II there was
one thing In which he exhibited great
pride it was to DO addressed as @Your
Honor" while presiding in a case. Any
thing more familiar than that always
reused his ire. Tho numerous a-diournments
which the court took this day had more per-
ceptible effect on the presiding Justice thnn
on any one else connected with the case,
though champagne and whisky had been
freely imbibed all round. Plenty OF the sub
stantials in the eating line had also been pro-
vidod, in order that the case might be de-
termined at one sitting. The testimony was
all in at 8 O'Clock, and the counsel had con-
cluded their arguments at a little before Q.
Realizing the fact hat many thousands Of
dollars were involved in the suit,
Mcmillan thought it incumbent on
him for the first time and last time in his
life to deliver a charge to the jury,
and did SO. By this time the frequent adj
journments had produced a marked change in
@His Honor" His tongue seemed thick and
his u~tterances had no meaning or special ap-
plication to the case at the bar. Upon Nc
MILAN stating that such and such were laws
for the jury to consider, one juryman, clear
headed and sober, made this inquiry; HMac,
where do you find that lawf' @What is that,
sir77 angrily inquired @His Honor" al simply
want to. know" replied the juror, where you
found the law just quotedf" "Dash dash your
soul, !" replied 4His Honor" 4r1l give you to
understand that when 1 tell you a thing Ii
law, it is lawi"
TIL JUDGES
Upon this Hi 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 a side door and es-
capped from the room. As "His Honor" still
held the weapon in u threatening attitude,
the remaining jurymen thought it would
be the more healthy to be outside,
and SO they followed the first jury
man. Believing the dignity of the court to
be horribly outraged, 4His Honor" followed,
threatening dire vengeance upon the whole
jury. The ridge between Chips Flat and
Minnesota at that time was heavily timbered
with pine and fir. There was a fat of fifty
or sixty yards before reaching the ridge, and
the jurymen, seeing the irate justice making
for them, revolver in hand, at once broke for
the timber, he following closely and
threatening death to each and all unless they
returned to the courtroom. But the jury
outfooted the judge and took shelter among
the timber. The jury never reassembled to
render its verdict. The members of the tive
mining companies in litigation met that night
in n spirit of the best humor-in fact, they
had been SO all day-talked over the abrupt
dispersion of the jury, and mutually agreed
to divide the mining ground in dispute. And
that ended the last litigation on Chips Flat.
But all those conyersant with the facts Of the
ending Of this trial still maintain that on this
occasion McMillan's charge to the jury was
the most remarkable of all time.