Savannah morning news. [volume] (Savannah) 1868-1887, 1884-03-23
A CHARGE TO THE JURY.
Laying Down the Law with RevOlve


San Francisco CAL.
In a tlourishing mining town known as
Chipp's Flat, Sierra county, thirty years
ago, the location of the claims and the
mining law adopted hereunder were
such that one continuous war Of litigation
was the result. Two mining companies
having conflicting claims, seeing the
almost impOssibility of settling their dis
putes by a resort to the District Courts,
mutually agreed TO try their cause before
a Justice of the Peace and jury of
twelve miners selected from those having
river claims on the Middle Euba. A. s.
Mcmillan, of Minnesota, the banking and
express agent of LangtOn's express and
clearinghouse at DownieYille, had been
elected Justice Of the Peace for the town.
ship, including Minnesota and Chipp's
Flat, in 1858. So it was agreed that he
should preside, and the trial came off
early in the year 1854 at Chips Flat. In
order that sufficient room should be had
for the parties ltigant and their friends
the billiard and liquor saloon Of Paul
Copperas (now living at Snow Point, in
Nevada county, lust little cast of South
Minnesota was chosen as the most spa
ciOus building in town. The trial conf
menced promptly at 9o'clOck in the morn
ing and occupied the entire day.
Both Of the parties lltigant 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 inter-
est in putting stop to the liberality Of
their respective clients. At all events,
frequent recesses of the court were had
during that day, of five minutes each,
when refreshments would be served
mostly of a liquid character. Justice
Mcmillan was not erudIte IN the law; but
lf.g
tied great pride II was to be addressed as
.'Your Honor" While presiding in case.
Anything more familiar than that always
reused his ire. The numerous adjourn
ments 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 bad been freely inhibited all
around. Plenty of substantials in the
eating line had been provided, in order
that the case might be determined at one
sitting. The testimony was all in at
o'clock, and the cOunselhad con-
cludedtheir arguments at a little
before 9. 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 a charge to the
jury, and did so. By this time the fire.
quent adjOurnments had produced a
marked change in ellis Honor" His
tongue seemed thick, and his utterances
had no meaning or special application to
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 that law?' ''What is
that sir"' angrily inquired His Honor"
Il simply want to know" replied the
juryman, "Where you found that law just
quOtedW dash dash your soul, replied
"His Honor" "Pll give you to under
stand that when l tell you Il thing is law,
it is laW!'
Upon this His Honor reached his right
hand down to his right hip, where he had
a large navy Colt revolver in its sheath,
and drawing it, the juror saw it was no
place for him, and he broke for side
door and escaped from the room. AS Ellis
Honor" still held the weapon III a threat
ening attitude the remaining jurymen
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 Honor
followcdi threatening dire vengeance upon
the whole jury. The ridge between
Chipp's Flat and Minnesota at that time
swas heavily timbered with pine and fir.
There was flat of about 80 or 60 yards
before reaching this ridge, and 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 courtroom. But the
jury outfoOted the Judge and took shelter
among the timber. That jury never re-
assembled to render its verdict. The
members of the two mining companies in
litigation met that night in a spirit Of the
best humor in fact, they had been SO all
day. talked over the abrupt dispersion of
the jury, ard mutually agreed to divide
the mining ground in dispute. And that
ended the last litigation on ChIpp's Flat,
but all those cOnversant with the facts of
the ending Of this trial still maintain that
on this occasion McMillan's charge to the
inrV WIS the most rem arkable of all time.