Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1884-04-10
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How q Mining Judge Charged r.
n RAyoyvn~

years ago, 2 location OF the claims u
the mining laws adopted the,sr.
we're such that one continuous !.
litigation was the result. The 3
quence was that the lawyers, locataa
the coutny seat Downieville). rea,., l
rich harvest, and some suits which
been early COMMENCED remained NJ =
cided when the claims were workaa
The laws of Chips Flat PROVIDED d
each individual miner should have i
right 10 hold sixty feet on the lead
new companies were formed they i.
menced tunnels to take the lead VIII.
b Les. company, by the laws adCuta
yhould stop working the channel. n
the channel was SO rich that the ten,
sation grew too strong to stop tain.
out the pay gravel at all. Hencs d
litigation. Two mining companies ba
ing conflicting claims, seeing the MI.
impoesibility of settling their disrnl.
by a resort to the district court. nnb
ally agreed to try their cause beforp,
Justice Of the peace, anda jury OF tvsIs
miners, selected from those having riys
claims on the Middle Yuba. A. h. A.
MILAN of Minnesota, the banking ~
express agent of Langton's express Al
banking house at Downieville, had ben N
elected justice Of thepeace for the tow
ship, including Minnesota and ChipS
Flat. in 1853. SO it was agreed thstb,
should preside, ard the trial came a
early In the year 1854, at Chips Phi
In order that sufficient room should Il 8
had for the parties htigant and fAeu 8
friends, the billiard and liquor salcona a
Paul Copperas (now living at eaos
Point, Nevada county, Just a little h
the east of south Minnesota va
chosen as the most spacious building b
town. The trial commenced prompay
at 8 o'clock in the morning and occapia
the entire day.
Both of the parties iitigant had plaAy h
of money, and each seemed to vie With
the other In hberality during the pro
gress of the trial Lawyers had ben \
provided by each side to conduct Tie
case, and it mnst be presumed that the
felt no interest in putting a stop to th
hberality of their respective clients. III
all events frequent Of the cout h
were had during that day, of five mih
utes each, when refreshments would b /
served, mostly of a liquid characts.
Justice Mcmillan was not very erudik 4
IN the law; but ii there was one thine
In which he exhibited great pride il va
TO be addressed as Iyour honor, With
presiding IN q case. Anything more
familiar than that always reused hs le
The lea adjournments which Sc
court took this day had more percepslbk
effect on the presiding justice thar en-
anyone elsa connected with the cs
though champagne and whisky had
been freely imbibed all round. PIenH
of the substantials in the eating kp'
had also been provided, = order thu
the case might be determined at onesit
ting. The testimony was all In SD
o'clock, and the counsel had concludcd
their arguments at o little before nlDf
Realizing the fact that many Thousand
of dollars were involved in the sun
Mcmillan thought it incumbent ON ban
for the first and last time in his life y
deliver q charge to the jury, and did 60
BY this time the frequent Adjournment
had produced a marked change IN ms
honor His tongue seemed thick and
his utterances had no meaning or spe
cial application to the case at bar. Up
ON Mcmillan stating that such and such
were laws for the jury to consider, one p
ryman, clearheaded aud sober, made thS
inquiry: Mac. where DO you find that
law?' aWhat is that ,sir?" angrily n-
CURED "his honor II simply want 70
know" replied the Juror, where ycs
found the law just quoted?' "Dasa
dash your SOUL" replied "his homo,
III give you to understand that xben
/ tell you a thing is law, il is law
THE JUDGES CHARGE.
Upon this his honor reached his right
hand down to his left hip, where ae
had q large navy Colt revolver IN ~
sheath, and drawing it, the juror saw =
was no place for him, and be broke tH
$ 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 30 p
outside, and SO they followed the FRS
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 Chipps' Flat and Minnesota q
that time was heavily timbsred with
pine and fur, There was a flat Of 6fiy'
or sixty yards before reaching ths
ridge, andthe jury seeing the irate IrstAe'
making for them. revolver IN hand
at once broke for the timber, he foilowlnI
closely and threatening death to eaofl ana
all unless they returned to the court
YOnm Rnf tho snrr nnAfnnAnI fhI