The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-06-04
A NEW DEPARTURE.

The old saying that there IS nothing
new under the sun met with a decided
refutation not many days since, in the
somewhat unique proceeding of a
Travis County Justice of the peace.
The Justice shall be nameless here, for
although a man of decided originality,
ne is modesty itself, and would never
survive seeing his name il print. In
this respect he eighty differs from
thirty or forty prominent citizens OF
Austin. who shall for the present, also
be nameless. But the mel withhold
ing of the name don't effect the interest
Of this story Ga true one) in the slight
est. Still if any reader is bent on hav-
ing one he can snVent it for himself.
Neither is it necessary to describe the
locality with precision, except to say
it was in the upper part of the county,
not far from where the limpid waters
Of Sandy Creek, ripple musically along
on their winding way to the Colorado.
Observe the eloqunce of that last sen
tence. -
1t might be imagined that the Office
of justice Of the peace in secluded
country precinct, "far from the mad
ding crowd" whose Inhabitants follow
the peaceful lines of grangers or
herdsmen, would be nothing short of a
sinecure. That is to say an office Of
much dignity but very little emolu-
ment. Occasionally, however, our JUS
tice has business on his hands. He
holds his court beneath the
shade of a big spreading
oak near the stream above
mentioned, with total disregard OF
all vain formality and empty show.
The whole neighborhood turns out,
as owing to the mountainous nature
of the country, circuses rarely come
there; and so the sessions of the court
in a manner take their place.
Not long ago young gentleman of
that community had his feelings
deeply hurt at being arrested on a
charge of taking off horse previous
to getting the owners consent. This
small indiscretion is set down in the
works on law as d felony, and il a
man is found guilty, he stands a
chance of a trip to Huntsville-at the
expense OF the State. A justice of
the peace in such case has only the
privilege of holding an examining
trial, and ii there is sufficient evidence
against the accused, ali the justice has
to do, is to require bond of the party
charged with the offence.
The day of the trial came round
There was a good big crowd to witness
the proceedings. There was also a
prominent young member of the Will
hanson County bar present, to defend
the prisoner. The State had no at
torney on hand. A deputy sheriff
announced that court was open and
the Justice mounting lofty stump
ordered everybody to remove their
hats. He had in the meantime been
| celebrating. What was the use OF
holding only preliminary investiga-
ton? Here was crowd of citizens
from whom to choose a jury. Wit:
nesses on both sides were present, and
one lawyer. Why not try the man
outright, and rise above the petty do
ings of the average Justice. 1t was toe
good chance to be overlooked
A jury was empanneled, witnesses
were put on the stand, defendants
counsel made raft ling good speech
and then in an impressive manner the
court made lengthy and peri city
impartial charge. The jury walked
off to spring about fifty yards dis
tant to consult, and soon brought bach
a verdict of mot guilty"
1t is sad that Judge A. S. Walker
expressed quite an emphatic opinion
as to the legality of the proceeding
| of the mountain justice. He ever
went so far as to say that the verdict
was null and void, and that the JUS
tice went clear outside of his juris
diction. 1t is nice question for law
yers to decide.