Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-12-09
EARLY DAYS.
Something About Legal Tactics Resorted
to in the Earlv Eiffias

Something About Legal Tactics Resorted
to in the Early Fifties.
In 1858 a most remarkable trial took
place in Justice John Titles Court at Rough
and Ready, says the Grass Valley Herald in
a recent issue.
William Watt had located set of min
ing claims in Boston ravine, and his right
was disputed by combination who claimed
the whole ravine. A. B. Dibble was at
torney for the combination, and at that
time it was not believed possible to win a
mining case against him in Grass Valley
Watt was sued, and got change to Rough
and Ready. His lawyers were J. Conn and
w. NJ. Stewart now United States Senator.
The other side had, in addition to Dibble,
E. w. Roberts and II. G. Gardiner
The Courtroom was a small space par
titioned off from 81. Browns saloon. 1t
was stipulated in the case, as neither party
wished to appear mean, that all the liquors
imbibed by the Court, jury, parties, lawyers
and outsiders, should be charged as costs
and abide the result of the suit. The plain
titfs proceeded with their case, and quite
liberal use OF the resources of the bar was
made by all hands. When it came the de-
fendaDt's turn it was found that the main
witness, an old Scotchman, had been made
staggering drunk, as it was expected by the
other side, and was in such a wild, crazy
condition that it seemed doubtful if he
would get his senses IN q week. The only
chance for the defendant, it was agreed, was
to break the whole thing up in row. and
for that materials were abundant. A big
Kentuckian and big New Yorker on the
jury were pretty far gone, and each boosted
of his native State, and came near fighting
the thing out then and there.
The Court took recess until evening"
When it again met the jury were in sucbIa
condition that the plaintiffs wanted to ad-
journ till morning. Stewart said mo; if
getting folks drunk is your game there will
be enough of it." and audaciously argued
to the Justice that if an adjournment were
had the verdict would be good for nothing.
The Justice, who was trying his first case,
accepted this view of the law, and refused
to adjourn. The defendant put in some
formal testimony, but the important wit
ness was horS de combat, and the jury were
s drunk that it made but little difference
Roberts commenced the argument and was
followed by Conn, the jury drinking all
the time to their hearts content, in which
they were encouraged by suggestions and
example from the defendants side. Gar
diner followed, and then Stewart, exhaust.
lug HkOSI Vi the night. w u6n OlDDl6 came
to speak some of the jury told him to dry
up" and some got to disputing with each
other and giving the lie. They were too
drunk to hurt each other.
When the jury retired they asked for
whisky. YES" said defendants lawyers,
that is in the stipulation" and demi-
john was sent out to them. The next
mornings sun saw the jury lying loose
all around town, Thew had separated
without agreeing on verdict. This was
what the defendants side had intended
when it was found the principal witness
had been seduced. By the law in those
days, in case of mis-trial the plaintiff had
to pay all costs before he could have an
other trial. The costs were 81, 400, 81 200
of which were for liquors at 81. Browns
bar. The plaintiffs were not able to pay
the bill, and were sold out for costs. Watt
kept his claims on Boston Ravine. and this
was his first start in Nevada county. He
subsequently became a wealthy and inhu-
entail citizen, who was prominent for years
in all political contests, was once elected to
the State Senate, and was beloved and re-
spected by all who ever knew him. A
beautiful monument marks his grave in
the Grass Valley cemetery, put up by small
contributions from citizens of the county.
The incident shows the peculiarities of
early days in California, and is part of the
history of those times.