The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-11
LAW In EARLY DAYS.
Unwritten History of Pioneer
Lawyers of Washington.
JUDGE DENnIsoN's MEMORIES.
Attorneys Had . Hard Road to Travel
The First District Court 1T Cow
Iifz Landing.

De written. Ii - that chapter which, ii
written, would tell Us something of the
trials, privations and difficulties eneoun-
tered by the pioneers who engaged in the
practice of Law or wore the judicial er-
mine on the bench. Lawyers, especially
in those days, had hard road to travel.
They were travellers in land not flowing
with milk and honey" They were hew
ing and building under difficulties They
were laying down the mud-sills and
ground-uoor of a structure, the towering
proportions of which are yet but dimiy
seen. Tools, materials and conveniences
were scarce. In new country, where
foundations are TO be laid and tabcrnacies
to be built in the wilderness, lawyers are
the master workrnen. 1t must be remem-
beTed that lawyers, in those days, were
scarce. Clients were poor and few in num-
bers. Access to library was almost i'm
possible, and lawyer was considered well
equipped who had in his Office copy of
the donation act" an old edition of
Blackstone and a few volumes of patent
Office reports.
Other difficulties had TO be encountered.
The United States District Courts" as
they were then called, were held at places
remote from the residence Of practicing
attorneys. Travel by water was in Indian
canoes and travel by land on cayuse po-
MES or mud-wagons. The first trip made
by the writer to United States District
Court was in ''cultux canim," from
Whateom to WILDLY island, via Deception
pass. The crew consisted of four Indians.
The passengers were the district judge
and three lawyers. The supplies con-
sisted chiefly Of smoked salmon and hard
tack, sometimes called navy bread.
Arriving at the island we pitched our
tents and spread our blankets on the
ground for the term. We had no books
or briefs The Indians did the cook
ing and court was held in log school
house. The judge of that district. at the
time Of which speak, was aVirginian,
and always sat upon the bench with
derringer in each pocket. OF course no
contempt of court was ever COM
mitted by attorneys or Others. The
furniture in the courthouse cannot well be
described. 1t is enough to say that it was
not upholstered or ornamental. During
the term one of the attorneys filed mo-
ton 10 quash an indictment on the ground
that it was not found at the place required
BY lar. The judge sustained the motion,
saying: 1.-THE county is required By law TO
provide a suitable place for holding this
court" For many years a similar dearth
of conveniences for holding district courts
existed in other parts of the territory. The
first district court in the territory was held
in dwelling house at Cowlitz Landing,
January 2. 1854. At Vancouver the house
of Mrs. Short was made the legal place for
holding courts. Jordan was also hard
road TO travel for federal officials in those
days. 1t took them six months to pack
their commissions across the plains to
Puget sound. But they got there all the
same, bringing little else except their COM
missions.
No fortunes were made in those times
practicing law. Nearly all attorneys. in
order to make ends meet. acted as notaries
public, and assisted settlers in filing noti-
fcations and proofs of donation claims.
In 1856, when the home-bugle sounded for
volunteers TO suppress Indian hostilities,
lawyers and judges put on their bearskin
caps and went to the front, and, if history
be true, their banners were never seen
trailing in the dust.
The most numerous and most impe-
cunious clients who besought the aid of
attorneys were persons accused of selling
liquor to Indians. They are generally a
worthless set, aud as destitute of the ''sin-
ews of war" as they were Of character. In
defending such cases the attorneys relied
mainly upon the legal presumption of
innocence" and the fact that some OF the
jurors were as guilty as the accused. Oc-
casionaily an Indian was accused of this
ofiense, and then the lawyers had a har-
vest, because the whole Indian tribe would
contribute to the defense of their 'tila-
cum" An attempt would sometimes be
made TO impeach an Indian witness, but il
was never successful. 1t soon became a
settled fact that an Indian was as truthful
a witness under oath as ever testined in
court.
An incident illustrative of the subject of
this article occurred in q court at Port
Townsend in 1852 The chief justice of the
territory was on the bench, hearing an ap-
plication TO release q steamer from seizure,
for violation of the revenue laws. While
the attorney for the steamer was making
his peroration, the Judge Topped back in
| his chair and fell into q sound
sleep. Eloquence was poweTless 10 arouse
him, and the speaker subsidized. After
few moments silence ana suppressed
tittering the Judge woke, discharged the
steamer and adjourned court. He after
wards declared that the bartender at his
hotel had drugged him.
Up 10 1865 the legislative assembly was
| constantly encroaching upon the rights
and privileges of the bench and bar. At
its session of 1850 seventeen legislative
divorces were granted or ex parte appiica-
tons, and in 1852 sixteen were granted.
| But this intolerable evil was finally sup
pressed. and ii is said that the perquisites
OF members of the legislative assembly
were thereby greatly diminished.
The probate courts were always open
and were quite source of revenue TO law
yers. The Judges of these courts had
happy. faculty OF keeping the administra-
ton Of estates open until closed for want
of funds. Some have enormously asserted
that these judges did not know how to
close up an administration, bat their rec
ogds show they did not try. Heirs and
deyisees usually died In despair. Lawyers
seldom complained, hecsuse a prolonged
administration was water on their wheel.
Until lS51 only few eases were carried
10 the supreme court of the territory. At
the nTst term of this, in December, 1854,
only four eases were heard and decided
At the December term, lS55, only one case
No term OF the supreme court was held in
1856. on account OF the Indian war. AT
the December term, 1857, two cases were
decided AT the Decent Der term, 1858. only
three cases were on the docket. The nrst
j admiralty cause was heard in December.
/ 1859, Judge McFadden delivering the opin-
| ion of the court.
Ii was in lS57 that the famous case Of the
/ old Indian, Lescki, was heard and deter
mined IN the supreme court. His case
was presented by able and zealcus attor-
news. But their zeal in behalf of the arch
/ william vas somewhat abated when they
heard Of the remark made by one of the
/ judges, on the outside: I'VE will hang
him hrst and hear the exceptions after
wards"
II must not be supposed that the lawyers
/ OF Washington territory were an inferior
/ class Of men IN point of talent or other