The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1884-04-11
THIRTY yyEE A r 9 6


years ago, IHe lochtIOn Vi the Chains 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
lnenced tunnels to take the lead where
the last company, by the laws adopted,
chould stop working the channel. But
the channel was so rich that the temp
cation grew too strong to stop taking
cut the pay gravel at all. Hence The
litigation. Two mining companies hay-
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 q
justice of the peace, and a jury OF twelve
miners, selected from those having river
claims on the Middle Yuba. A. s. Me-
MILAN of Minnesota, the banking and
express agent of Langton's express and
banking house at Downieyille, had been
elected Justice of thepeace for the town
ship, including Minnesota and Chips
Flat, in 1853. So it was agreed that he
should preside, and the trial came of
/ nar1r, -, Slo ,ynar i2Et Oh GbfnVNu3 Elof
In order that sufficient room should be
had for the parties litigant and their
friends, the billiard and liquor saloon Of
Paul Copperas NOV living at Snow
Point, Nevada county, just q little TO
the east of south Minnesota was
chosen as the most spacious building III
town. The trial commenced promptly
at 8 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 the pro-
gress of the trial. Lawyers had been
provided by each side to conduct the
case, and it 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 min
utes each, when refreshments would be
served, mostly of a liquid character.
Justice Mcmillan was not very e~rrniite
in the law: but if there was one 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
COURT took this day had more p~erceptible
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 case might be determined at one SIT
ting. The testimony was all In at 5
o'clock, and the counsel had concluded
their arguments at q little before nine.
Realizing the fact that many thcusanGs
of dollars were involved in the suit,
+ Mcmillan ttiifougshh il III e;ifa bent OF hh;ss:
for the first and last time In his life 10
deliver a charge to the jury, and did 50.
BY this time the frequent adiournments
had produced a marked change IN @Lis
honor" His tongue seemed thick and
his utterances had no meaning or spe-
4 cial application to the case at bar. Up
on Mcmillan stating that such and such
were laws for the jury to consider, one JR-
ryman, clearheaded and sober, made tins
inquiry: Mac. where do you find chat
law ?" What is that ,siy?v angrify m
CURED "his honor" II simply want Il.
know" replied the juror, where you
found the law inst quoted?" "Dash
dash your soul, replied "his honor,
I'll give You to understand that when
4 tell you a thing is law, it is lawr
THE JUDGES CHARGE
Upon this his honor reached ms right
hand down to his left hip, where he
had q large navy Colt revolver in its
sheath, and drawing it, the Juror saw IT
was no place for him, and lie broke for
q side door and escaped from the room.
AS hrs 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 bo horribly outraged, his hon
or followed, threatening dire yengeaDce
upon the whole jury. The ridge be-
tween Chipps' Flat and Minnesota at
that time was heavily timbered with
pine and fur There was d fat of fifty
or sixty yards before reaching tbis
ridge, and the jury seeing theirate justies
making for them, revolver IN hand,
at once broke for the timber, he following
closely and threatening death 70 each and
all unless they returned to the court
room But the jury outfooted the
Judge and took shelter among the timber.
That jury never reassersbled to render