Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1884-05-08
A WESTERN JUDGES CHARGE.

In HOurlSnlnS mining cdlup kuoWH aS
Chipp's Flat, Sierra county, thirty years
ago, the location of the claims and the min
ing laws adopted Hereunder were such that
one continuous war of litigation was the
result. Two mining companions having
conflicting claims, seeing the almost impos-
sibility of settling their disputes by resort
to the District Court, mutually agreed to
try their cause before Justice of the Peace
and a jury of twelve miners selected from
those having river claims on the Middle
Yuba. A. S. Mcmillan, of Minnesota, the
banking and express agent of Langton's ex-
press and banking house at DoWnieville,
had been elected Justice of the Peace for
the township, including Minnesota and
Chipp's Flat, in 1858. So it was agreed that
he should preside, and the trial come off
early in the year 1854 at Chipp's 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, in Nevada coun-
ty, just a little east of Minnesota,) was cho-
sen as the most spacious building in town.
The trial commenced promptly at 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 liberality during the progress 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 liberality of their re-
spective clients. At all events, frequent re-
cesses of the court were had during that day,
of five minutes each, when refreshments
would be served, mostly of liquid charac-
ter Justice Mcmillan was not very erudite
in the law ; but if there was one thing in
which he exhibited great pride it was to be
addressed as "Your Honor" while presld-
ing in acase. Anything more familiar than
that always reused his ire. The numerous
adiOurnments which the court took this day
had more perceptible effect on the presiding
Justice than on any one else connected with
the case, though champagne and whisky
had been freely imbibed all around. Pien,
ty of the substantials in the eating line had
also been provided, in order that the case
might be determined at one sitting. The
testimony was all in at five o'clock, and the
counsel had concluded their arguments at
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 charge to the jury, and did SO:
BY this time the frequent adjournments had
produced a marked change in ellis Honor"
His tongue seemed thick and his utterances
had no meaning or special application. 10
the case at bar. Upon Mcmillan stating
that such and such were laws for the jury
to consider, one juryman, clear-headed and
sober, made this inquiry "Mac, where do
YOU find this law?'' "What is that sir ?"
angrily inquired ellis Honor" 81 simply
want to know" replied the juryman,
"where you found that law you quoted ~
:'Dash, dash your soul, }" replied "His Hon
or" cpl give you to understand that
when 1 tell you thing is law, it is law! ~
Upon this His Honor reached his right
hand down to his right hip, where ne had
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-
caped from the room. AS "His Honor"
still held the weapon in threatening atti-
tude, the remaining jurymen thought it
would be more healthy to be outside, and
so they followed the first juryman. Believ-
ing the dignity Of the Court to be horribly
outraged His Honor followed threatening
dire vengeance upon the whole jury. The
ridge between Chipp's Flat and Minnesota
at that time was heavily timbered with pine
and fir. There was flat of about fifty or
the iurymen, 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 court room. But the
Jury outfooted the Judge and took shelter
among the timber. That jury never re-
assembled to render its verdict. The mem
bers of the two mining companies in litiga-
tion met that night in spirit of the best
humor Gn fact, they had been so all day.,
talked over the abrubt 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.-San Fran
ciSrO (,nW