The morning call., 1890-04-28
JUSTICE IN DAKOTA.
Senator Pettigrew Tells of Some Fun
EInarIancaa In

Senator Pettigrew Tells of Some Funny
Experiences In Courts.
1.-The administration of justice In Da-
kota when l first went out there to grow up
with the country was exceedingly primi-
tive" said Senator Pettigrew to Washing
ton Star reporter. Judges for the Terri
torial courts were sent out from the East
nearly all of them men whose Incidence or
bad character had rendered them desirable
persons to get rid of. There was one
instance, l remember, where the Su-
preme Court was convened 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 be 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, visiting the sa-
looms In turn, and was In DliSsful condi-
tion of lnebration 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 it Oecurred-and did not appear
again. so, as last resort, the lead
ing lawyer of the Territory was dis
patched to gather in the wanderers,
and the result this time was successful At
about o'clock in the afternoon-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
a dlgnified though serpentine course. arm
ln-arm, up the street toward the Court
house. To get through the door of the
courtroom they were obliged to relinqu1sh
each others support and in trying to make
their way to the bar they fell over the ia
bles, smashed the chairs and created gen.
eral confusion.
"' Gentlemen said the sober Judge from
the bench in loud voice. this court
stands adjourned until 1890 O'Clock to-mor-
row morning.
Soon after took up my residence in
the Territory" continued Senator Petit
grew. " had occasion to defend man be-
Tore the Chief Justice in q case of alleged
horse stealing. The prosecution had abso-
lutely no proof to offer, and the case against
my client WAS so absurd that said the de-
any evidence. 'Well,' said the Chief JUS
tice, you'd better offer some d-n quick; a
cuss that hasn't any evidence to offer in
this court against a charge of hoss-stealing
goes to jail, You bet
Not long after this the same Chief JUS
tlce bad occasion to try one of his own As
sociate Justices for perjury. The indict-
ment was brought by the Associate
Justices own Grand Jury, and the accused
called in the Chief Justice to try the case
in his own the Associate Justice's) court
Defendants attorney began proceedings by
demurriug to the Indictment. This puz-
zled the Chief Justice, who turned
to the accused and asked whether
in such case demurrer should
be sustained or not. The defendant
promptly replied that it must be sustained,
whereupon the Chief Justice so ruled.
Now, what follows?' he inquired of the ac-
cused. and was told that such action neces-
sarily dismissed the case. The case is dis
missed,' then said the Chief Justice, and
the Associate Justice was vindicated.
Another time, in trying a real estate
case, l took exception to several OF the
Judges rulings ana he got angry.
80 ou can take all the exceptions you
have a mind to- he yelled, but I'd have you
know that this Court IS gentlemanl"
note another exception to that propo-
siti0B, replied, and l am willing to carry
it to the Supreme Court"