The Mineral argus., 1884-04-24
THIRTY YEARS G
Row a Mining Judge Charged a Jury with
a Revolver.

as Oh1ppS GlaG, OleITh CounGJJ Unity
years g o the location of the claims and
the mining laws adopted Hereunder
we're such that one continuous wal OF
Gt;oation was the result. The conse-
ouence was that the lawyers, located at
the coutny seat Oownieville), reaped a
rich harvest, and some suits which had
been early commenced remained unde-
eided when the claims were worked out.
The laws of Chips Flat provided that
oacb individual miner should have the
light to hold sixty feet OF the lead. As
new companies were formed they COM
nenced tunnels to take the lead where
the last company, by the laws adopted,
rhouId stop working the channel. But
tbac channel was so rich that the temp
tation grew too strong to stop taking
cut the pay gravel at all. Hence the
Itipation. Two mining companies hav-
ing conflicting claims, seeing the utter
impossibility of settling their disputes
Inv a resort to the district court, mutu-
aiIy agreed to try their cause before a
instice of the peace, and a 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 1853. SO it was agreed thathe
should preside, and the trial came of
early in the year 1854, 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 Oopperas NOW living at Snow
Point, Nevada county, just a little to
the east of south Minnesota was
chosen as the most spacious building in
town. The trial commenced promptly
at 9 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 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
liberality of their respective clients. At
all oNChlo llGAAClb N0D vi eAo CCNAN
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 erudlte
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 adiournments which the
court took this day had more perceptible
effect on the presiding Justice than ON
anyone else connected with the case,
though champagne and whisky he'd
been freely imbibed al round. Plenty
of the substantials in the eating line
had also been provided, in order that
the case might be determined at n sit
ting. The testimony was all in at D
o'clock, and the counsel had concluded
their arguments at o little before nine.
Realizing the fact that many thousands
of dollars were involved in the suit,
Mcmillan thought it incumbent IN 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 a marked change l his
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 jul
ryman, clearheaded and sober, made this
inquiry: "Mac, where do you find that
Law? ?" "What is that ,sir?" angrily in
quired "his honor" 81 simply want to
Know" replied the juror, "where you
found the law just quoted?' Dash
dash your soul" replied "his honor"
"I1l give you to understand that when
I tell you a thing is law, it is law"
H JUDGES HARGE
Upon this his honor reached his right
hand down to his left hip, whore he
had a large navy Colt revolver in its
sheath, and drawing it, the juror saw il
was no place for him, and he broke fol
a side door and escaped from the room,
As his honor still held the weapon in 6
threatening attitude the remaining jury
thought it would be more healthy to be
outside, and so they followed the first
iuryman. 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 Flatt and Minnesota a
hat time was heavily timbered will
pine and fur, There was a fiat of fifty
or sixty yards before reaching thii
ridge, and the jury seeing the irate justice
making for them, revolver in hand
at once broke for the timber, he followine
closely and threatening death to each anC
all unless they returned to the court
room. But the jury outfooted thu