The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1890-06-27
JUSTICE IN DAKOTA.
senator Pettigrew Tells of Some Funnv
Experiences in Courts

Senator Pettigrew Tells of Some Eupnv
Experiences in Courts
The administration of Justice in Da-
kota when / first went out there to grow
up with the country was exceedingly
primitive" said Senator Pettigrew.
Judges for territorial courts were sents
out from the East-nearly all these men
whose Incidence or bad character had
rendered them desirable persons to get
rid OF. There was one instance, remem-
Der, where the supreme court was con-
vened with only two of the three Justices
on the bench, the odd one not turninp
up. This was disastrous, inasmucb as
the absent judge was the only one of the
three who knew any law. However, one
OF the twojustices present volunteered to
look up the absentee, and started out
for that purpose. He had reason to be-
lieve that he would find the DELINQUENT
in some saloon, and so he took a look
into every gin mill that he came to.
The result was that, by the time he
found the object of his search, he him.
self was in a condition of utter indiffer-
ence as to whether school kept or not,
and forgot all about the court and his er-
rand.
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 a bliss
full condition of inebriation by the time
he came up with the convivial pair.
After another hour of delay the remain
ing judge sent out the United States At
torney to make search for the missing
ones; but he, too, pursued like course
mind you, all this is strictly as it &C.
curred-and did not appear again. So.
as last resort, the leading lawyer of
the Territory was dispatched to gather
in the wanderers and the result this
time was successful. At about three D.
m.-the court had been convened at
10:30-the two judges, the marshal and
the attorney were seen to emerge from
whisky shop and to pursue dignified
though serpentine course, arm-in-arm,
up the street toward the courthouse.
To get through the door of the court
room they were obliged to relinquish
each others support, and in trying to
make their way to the bar they fell over
the tables, smashed the chairs and Gre
ated general confusion.
'Gentlemen,' said the sober Judge
from the bench in loud voice, This
court stands adjourned until 1880 to-
morrow morning.
"Soon after took up my residence in
the Territory" co" tinued Senator Petit
grew, II had occasion to defend a man
before the Chief-Justice in the case of
alleged horse-stealing. The prosecution
had absolutely no proof to offer, and the
case against my client was so absurd
that l said the defense would not take
the trouble to offer any evidence.
WE'LL said the Chief Justice, YOU'D
better offer some mighty quick; cuss
that hasn't any evidence to offer in this
court against charge of hoss-stealing
goes to jail, you bet
''Not long after this the same Chief
Justice had occasion to try one of his
own Associate Justices for perjury. The
indictment was brought by the Associ-
ate Justices grand jury, and the &C
cused called in the Chief Justice to try
the case in his own (the Associate JUS
tice's) court Defendants attorney be-
gan proceedings by demurring to the
Indictment. This puzzled the Chief
Justice, who turned to the accused and
asked whether in such case a demur-
rer should be sustained or not. The de-
PENDANT promptly replied that it must
be sustained, whereupon the Chief JUS
tice 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 Associ-
ate Justice was INDICATED.
Another time, in trying real es-
tate case, took exception to several
Of the Judges ruling; and he got angry.
"'You can take all the exceptions you
have a mind to- he yelled, but I'd
have you know that this court is gen.
tleman!'
"T note another exception to that
proposition 1 replied, and am will
ing to carry it to the Supreme Court"
Washington Star.