The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1884-04-18

to keep one. 1t seems as if the time
has come when the prophecy of the
Emperor Nicholas that Egypt would be-
come English is to be realized. Even
France has Withdrawn the check she
kept upon English ambition in that
country. Yet the words we have heard
touch q cord 6f sympathy when we think
of the past glories of the land from
which SO much of our lighthas descend
ed"
THIRTY YEARS AGO.
How = Mining Judge Charged q Jury with
. Revolver.
From the San Francisco Sunday Call.
In the fonrishing 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 (D~ownieville), reaped a
rich harvest, and some suits which had
been early commenced remained unde-
cided when the claims We're 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 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 jury oftwelve
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 bean
elected justice OF thepeace for the town
ship, including Minnesota and Chips
Flat. in 1853. So it wa agreed thatl
should preside, and the trial came off
early in the year 1864, at Chipps' 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 Minnesota) was
chosen as the most spacious building in
to n. The trial commenced promptly
at 9o'c1ock in the morning and occupied
the entire day.
Both of theparties litigant had plenty
of money, and each seemed to vie with
the other in iberality during the pro
gress 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
iberality of their respective clients. al
all events frequent recesses Of the court
were had during that day, of five min
utes each, when refreshments would be
served, mostly Of q liquid character
Justice Mcmillan was not very eruditt
in the law; but if there was one thing
in which no exhibited great pride it was
to be addressed as ",your honor" while
presiding i'll o case. Anything more
familiar than that always reused his ire
The adiournments which the
courttook this day had more perceptiblt
effect on the presiding justice than OIL
anyone else connected with the case
though champagne and whisky hat
been freely inlbibed all round. Plenty
of the substantials in the eating line
had also been provided, in order thai
the $ might be determined at one sit
ting. The testimony was all in at {
o'clock, and the counsel had concluded
their arguments at a little before nine
Realizing the fact that many thousands
OF dollars we're involved in the suit
Mcmillan thought it incumbent on hin
for the first and last time in his life tc
deliver a charge to the jury, anddid so
By this time the frequent adiournments
had produced a marked change in mi.
honor" His tongue seemed thick anc
his utterances had no meaning or spe,
cial application to the ease at bar. Up,
on Mcmillan stating that such and sucf
We're laws for the jury to consider, one ju
ryman, clearheaded and sober, made thus
inquiry: "Mac, where do you find that
law !" What is that .sir?" angrily in
!. quired chs honor" 81 simply want t.
know" replied the juror, where yor
found the law just quoted? Dasl
dash your soul" replied ''his honor
sIn give you to understand that whe1
I tell you o thing is law, it is lawln
/ THE JUDGES CHARGE.
Upon this his honor reached his RICH
hand down to his left hip, where h,
had q large navy Colt revolver in it
sheath, and drawing it, the Juror saw j
was no place for him, and he broke TO,
q side door and escaped from the room
/ As his honor still held the weapon in
threatening attitude the remaining iur,
thoughts it wouldtbe more healthy to b.
outside, and so they followed the frs
jurvman. Believing the dignity Of til,
court TO be horribly outraged, his hon
or followed, threatening dire vengeanc
upon the whole jury. The ridge be
tween Chips Fiatt and Minnesota a
J that time was heavily timbered wit
pine and fur, There was a fiat Of fit
or sixty yards before reaching thi
ridge, and the jury seeing the irate justic
making for them, revolver in hand
at once broke for the timber, h%efollowin
closely and threatening death to each an
all unless they returned to the court
room. But the jury outfooted til
Judge and took shelter among tGS timber
That jury never reassembled to rende
its verdict. The members of the tw
mining companies in litigation met this
night in aspirit Of the best humor-i
fact they had been 50 all day-talke
, over the abrupt dispersion of the jur,
s and mutually agreed to divide the mil
9 ing ground indispute. And that ende
\ the last litigation on Chipp's Flat. BIZ
all those %coayersant with the facts /