Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-03-22
JUSTICE WILD AND wOOLLY.
senator Pettigrew Tells Of Some Funny
Experiences In Dakota Courts.

The administration Of justice in Dakota
when l hrst went out there to grow up with
the country was exceedingly primitive" said
Senator Pettigrew TO aSrAR reporter. Judges
for the territorial courts were sent out from the
east-nearly all of them men whose Incidence
or bad character had rendered them desirable
persons 10 get rid of. There was one instance.
remember, where the supreme court was con-
vened with only two of the three justices on
the bench. the odd one not turning up. This
was disastrous, inasmuch as the absent Judge
was the only one of the three who knew any
Law. However, one Of the two justices present
volunteered to look up the absentee and started
out for that purpose. He had reason to believe
that he would find the delinquent in some
saloon. and SO he took look into every gin
mill that he came to. The result was that, by
the time he found the object of his search. he
himself was in condition of utter indifference
as to whether school kept or not. and forgot all
about the court and his errand.
when the court had waited vainly for an
hour the United States marshal was sent to
hunt up the two justices. He pursued the same
tactics. visiting the saloons in turn and was in
blissful condition of inebriatlon by the time he
came up with the conyivial pair. After another
hour of delay the remaining judge sent out
the United States attorney TO make search for
the missing ones: but he. too, pursued like
course-mind you, all this is strictly as II &C.
cured-ani did not appear again. So, as a
last resort. the leading lawyer of the territory
WAS dispatched to gather in the wanderers and
the result this time successful. At about
p.m.-the court had been convened at 1890
the two judges. the marshal and the attorney
were seen to emerge from a whisky shop and
to pursue a dignified though serpentine course,
arm-in-arm. up the street toward the court
house. To get through the door of the court
room they were Obliged to relnquish each
others support, and IN trying to make their
way to the bar they fell over the tables
smashed the chairs and created general con-
fusion.
Gentlemen said the sober Judge from the
bench i'll Il loud voice, This court stands ad.
journed until 1890 tomorrow morning.
EVIDENCE NECESSARY.
Soon after l took up my residence in the
territory" continued Senator Petugrew. Il
had occasion to defend a man before the chief
justice In a case of alleged horse stealing. The
prosecution had absolutely no proof TO offer
and the case against my client was so absurd
that said the defense would not take the
trouble 10 offer any evidence. Well, said the
chief justice. you'd better offer some d-n
quick; cuss that hasn't any evidence TO offer
in this court against a charge of boss stealing
goes to jail, You bet.
Not long after this same chief Justice had
occasion to try one OF his own associate Justices
for perjury. The Indictment was brought by the
associate justices own grand jury and the ac-
cused called In the chief justice to try the in
his own-the associate Justices court. Defend
ants attorney began proceedings by demurring
to the Indictment This puzzled the chief JUS
tice, who turned to the accused and asked
whether i'll such case a demurrer should be
sustained or not. The defendant promptly re-
piled that il must be sustained, whereupon the
chief justice so ruled. Now, what follows?' he
inquired of the accused and was told that such
action necessarily dismissed the case. The case
is dismissed then said the chief justice, and
the associate justice was vindicated."
Another time, i'll trying a real estate case.
took exception to several OF the judges rulings
and he got angry.
You can lake all the exceptions you have a
mind to- he yelled; but I'd have you know that
this court Is a gentleman
II note another exception to that PROPOSE
ton, l replied, and am willing to carry il to
the Supreme Court