The Dickinson press., 1884-04-12
THIRTY YEARS AGO.
How. Mining Judr. Charged . jury VI

From the San Francisco Sunday Call.
In the aourishing mining camp known
as 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. The conse-
quence was that the lawyers, located at
the coutny seat Oownieville), 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
menced 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 hav-
ing conflicting claims, seeing the utter
impossibility of settling their disputes
by a resort to the district court, mutu-
ally agreed to try their cause before o
Justice of the peace, anda jury of twelve
miners, selected from those having river
claims on the Middle Yuba. A. S. Nc
MILAN Of Minnesota, the banking and
express agent of Langton's express and
banking house at Downieville, had been
elected justice of thepeace for the town
ship, including Minnesota and Chips
Flat. in 1858. So it was agreed that he
should preside, and the trial came off
early in the year 1854, 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 Poi Nevada county, Just a little to
chosen as the most spacious building in
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 liberality during the pro-
gross of the trial. Lawyers had been
provided by each side to conduct the
case, and itmust be presumed that they
felt no interest in putting a stop to the
liberality of their respective clients. At
all events frequent recesses of the court
were had during that day, Of five min
utes each, when refreshments would be
served, mostly of a liquid character.
Justice Mcmillan was not very erudite
in the law; but if there was mi thing
in which he exhibited great pride it was
to be addressed as "your honor" while
presiding in a case. Anything more
familiar than that always reused his ire.
The numerous adjournments which the
courttook this day had more %perceptible
effect on the presiding Justice than on
anyone else connected with the case,
though champagne and whisky had
been freely imbibed all round. Plenty
of the substantials in the eating line
had also been provided, in order that
the cas- might be determined at one sit
ting. The testimony was all in at 5
o'clock, and the counsel had concluded
their arguments at a little before nine.:
Realizing the fact that many thousands,
of dollars were involved in the suit.
Mcmillan thought it incumbent on him,
for the first and last time in his life to,
deliver o charge to the jury, and did so.'
By this time the frequent adjournments
had produced q marked change in "his,
honor" His tongue seemed thick and
his u~tterances had no meaning or spe-
cial application to the case at bar. Up
on Mcmillan stating that such and such
were laws fof the ury to consider, one ju-
ryman, clearheaded and sober, made this
inquiry: MAC, where do you find that
law 2" "What is that ,sir?" angrily in
quired chs honor" st simply want to
know" replied the juror, "where you
found the law just quoted?" Clash
dash your SOUL" replied "his honor"
I tell you a 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 it's
sheath, and drawing it, the juror saw it
was no place for him, and he broke for
a side door and escaped from the room.
As his honor still held the weapon in q
threatening attitude the remaining Jury
thought it would be more healthy to be
outside, and SO they followed the first
juryman. Believing the dignity Of the
court to be horribly outraged, his hon
or followed, threatening dire vengeance
upon the whole jury. The ridge be-
tween Chips Flat and Minnesota at
that time vas heavily timbered with
pine and fur, There was a fiat of fifty
or sixty yards before reaching this
ridge, and the jury seeing the irate justice
making for them, revolver in hand,
at once broke for the timber, he following
closely and threatening deathto each and
all unless they returned to the court.
room. But the jury outfooted the
judge and took shelter among tEe timber.
That jury never reassembled to render
its verdict. The members of the two
mining companies in litigation met that
night in a 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 min
ing ground in dispute. And that ended
the last litigation on Chipp's Flat. But
all those conversant 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.
Poor Mcmillan! He was as honest q
man as ever lived. He diedin Virginia
City some years ago.