River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1884-04-10
=----------------s--
THIRTY YEARS AGO.
How Mining Judge Charged Jury with
q Revolver.


How Mining Judge Charged Jury with
q Revolver.
From the San Francisco Sunday Call
In the fourishing mining camp known
as Chipps' Flat, Sierra county, thirty
years age, the location of the claims and
the mining laws adopted Hereunder
were such that one continuous war OF
litigation was the result. The conse-
quence4was that the lawyers, located at
the coutny seat (Downieville), reaped
rich harvest, and some suits which had
been early commenced renamed unde-
eided when the claims were worked ont.
The laws of Chips 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
impossibilitv of settling their disputes
by resort to the district court, mutu-
ally agreed to try their cause before
Justice of the peace, and jury OF twelve
miners, selected from those having r1yer
claims on the Middle Yuba. 4. >. Me-
MILAN Of Minnesota, the banking and
express agent of Langton's express and
banking house at Downieville. had been
elected justice of the peace for the town
ship, including Minnesota and Chips
Flat. in 1853, 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 htigant and their
friends, the billiard and liquor saloon of
Paul Copperas NOV 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'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
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 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 case. Anything more
familiar than that always reused his ire.
The numerous adjournments which the
court took this day had more perceptlble
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 D
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 a charge to the jury, and did so.
BY this time the frequent adjournments
had produced marked change in 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 lu-
ryman, clearheaded and sober, made this
inquiry: MAC, where do you find that
law ?" "What is that sir 2" angrily in
CURED "his honor" Il simply want to
know" replied the juror, where you
found the law Just quoted?' Dash
dash your SOUL replied "his honor, {"
III give you to understand that when
/ tell you thing is law, it is law"
THE JUDGES CHARGE.
Upon this his honor reached his right
hand down to his left hip, where he
had 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 his honor still held the weapon in
threatening dbblti1t6 bHS A0A4nAhAhS Jtt y
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 at
that time was heavily timbered with
pine and fur, There was fiat of fifty
or sixty yards before reaching this
ridge, and the jury seeing theirate 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 reassembled to render
its verdict. The members of the two
mining companies in litigation met that
night in spirit of the best humor--in
fact they had been SO all day-talked
over the abrupt 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 But
all those conversant with the facts of
the ending of this trial still maintain
that on this occasion McMillan's charge
to the jury was the most remarkable of
all time.
Poor McMilIanl He was as honest
man as ever lived. He died in Virginia