Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-11-23
vAGAR1Es OF WESTERN JUSTICE.
Rough-and-Ready Methods Giving Way
to Eastern Formally.
From the New York Tribune.l

VAGARlES OF WESTERN JUSTICE.
Rough-and-Ready Methods Giving Way /,
to Eastern Formally.
From the New York Tribune. !
Several lawyers were chatting over a |
good bottle Of wine in an uptown restau- |
rant the other night, and as one of them |
was from Montana and another had spent |
some months of his younger days in Ne
vada, the conversation naturally drifted
into a reminiscent channel. Il suppose your
Judges out West are different class of
men from what they used 10 be years ago,
when the country was more uncivilized,"
said one. II remember once we had great
difficulty in securing jury in newly
laid-out town in Nevada. Nobody seemed
willing to serve that counsel on one side or
other had not serious objections to. FL
nally a desirable-looking stranger was
called.
"'Your honor said he, 4 am not quail
fed to serve. am not free-holder.
"FWhere do you live ? said the Judge.
"Gn my tent out on Washington boule-
yard,' was the reply.
"'Marriedp
"No.'
Living alone%
"sYes.'
"'For how long?
"'Six weeks"
"rYou'll do SAID the Judge decisively,
Il never knew tenderfoot yet to keep
bachelors hall in tent for six weeks but
he had accumulated enough dirt to be a
freeholder.' So the man served"
%Thafs pretty fair sample" said the
Westerner, "of the rough-and-ready style
of the old-time justice, and it has not all
died out yet by any means. Not long ago
miner, who had experienced all kinds of
fortune, from the hardest up, struck it very
rich in his old age, married young wife
and started on prolonged spree which
ended in his death. A will executed few
hours before he died left all his property
to his wife His relatives in the East be-
gan suit on the ground that the testator
was out Of his mind when he made the
will The case came up before Judge
who is known as a good liver and a gallant
man. Certainly some remarkable freaks
were proved to have been performed by
the old miner in the last few weeks of his
life and the widow was put on the stand.
"'What were your husbands last
words ? said her counsel.
"'Fd rather not tell said she, blushing
prettily and hesitating.
"'Why not? said her counsel. You
must tell. The Judge viii think you are
afraid it will damage your case.
"Still blushing the pretty widow de-
clined to tell. Finally the Judge himself
argued with her, and told her that if she
persisted in refusing it would go far toward
confirming his suspicious that the man was
insane.
"'Well,' said the widow reluctantly, he
said, kiss me, Puss, and open another bot
tie Of champagne
"'Sensibie to the very last blurted out
the Judge. And so he decided, and would
hear no more evidence"
"The most severe rebuke | ever got
from the bench" said the first speaker,
"was from one of those typical Western
Judges who had determined that it was
time to introduce little of the formality
of the East in his Court than he had for
merly insisted on. 1t was my first case in
Court anyway. l had gone out there about
as green as they make them, and had pur
chased a half interest in the practice of
sharp lawyer, whe Immediately retired
from practice in that town, and made me
present of the remainder of his business
when he felt my money in his pocket. So
/ was thrown on my own resources, and
was soon foundering so deep in legal quag
mires that the Judge felt called en- to in
terpose. A few months before he would
probably have poured out some choice
abuse on my head, and would have offered
to fight me if / did not like it. But now
he was standing on formality.
Young man. he said impressively,
the best thing you can do for yourself and
for your client would be to hire lawyer
] did son
"That reminds me-" said the other, "of
a rebuke administered by one of our old
Justices to a young lawyer who came out
there from the East with a determination
to show everybody Just how things should
be done. He was well connected and
well introduced, but soon got into debt,
and was an inveterate borrower from his
friends, and even from chance acquaint-
anees. One day three Justices were sitting
on the bench together, and had also united
in sitting on our young friend, who forth
with tried to get off the old gag about con-
tempt of Court.
go wish your Honors to fine me s. for
contempt of Court, said he.
"Why so, Mr.. Smith p said one of the
Justices, who did not at once tumble to
the polnt you have not displayed any
contempt
"'But cherish decided contempt for
this Court and am willing to paw for it,
said Smith, with rhetorical flourish.
"'Your contempt for this Court is not
to be mentioned in the same breath
with the Courts contempt for you, said
the second Justice.
And we won't fine you, Mr.. Smith,
said the third, with triumph in his eye,
because we can't tell which one of us you
would borrow the money from to pay it
with
"While the ushers were trying to re-
store quiet in the Court out Of the tumult
of laughter that followed this neat and
cutting reply, Mr.. Smith got away in bad
disorder