Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1891-07-16

his form of the marriage ceremony
were brief and not exactly according
to the code, but both were effective.
When he administered the oath to a
witness he said: You swear here, in
the presence of God A'mity and this
court to tell the truth, so help you
| Jesus. Amenr
''Ilis marriage ceremony was some
thing like this: John, you love this
woman? Mary, you love this manP
! Then you are man an wife, and the
cost is two dollars
| His first divorce case came up after
he had been in Office eight years, and
the principals happened to be a couple
he had united in marriage some five
| years before. The husband was the
plaintiff and the wife had engaged a
lawyer. When the husband told how
his wife had pulled his hair, boxed his
ears and then went to a candy pulling
with another man Judge benson
promptly declared them put asundeT
according to the law and the Gospel
"'But, your honor, you have no juris-
diction in this case suggested the de-
PENDANTS attorney.
"'No what? asked the Judge, stern
ly-no man had ever before dared ques-
ton one of his decisions.
"'You have no authority in this
case. The law docs not give Justice
of the peace power to grant divorce. >
"'Didn't l marry this coupler
"'Yes. but
""Then III unmarry EN-, an you arc
fined ten dollars for bein' in contemp
of this court. I'd like to see the law
that gives me the power to splice peo-
pie an them says l can't uncouple 'em
when they've got Scriptural proof
THE decision stood and no appeal
was ever taken.
''In the trial of suit for damages
where the plaintiff claimed to have
been swindled in a horse swap the de-
PENDANT demanded jury to try the
case and Judge benson had a jury
summoned 1t was summer and court
was held in the shade of big oak tree
that day because the judges Office was
too small to hold all the spectators.
When the evidence was all taken the
jury retired to q thick clump of bushes
some distance away to make up their
verdict. At the end of an hour they
returned and reported that they could
not agree.
but you must agree said the
judge, and he sent them back to the Sc
clusiOn of the bushes. Again they re-
turned without verdict and reported
that eight were for the plaintiff and
four for the defendant.
'''Well, that's verdict \ majority
always rules In this country and the
judge entered a verdict for the plaintiff
on his docket.
"Once a negro was on trial before
Judge benson for carrying concealed
weapons. He had lawyer who wanted
to prove that the prisoners life had
been threatened, and under such cir
cumstances the law allowed him to
carry weapons. The evidence all in,
the lawyer arose with book in his
hand and said: May it please your
honor, have here n recent decision of
the supreme court in a case similar in
every way to this one, and the court
ordered the acquittal of the defendant
"'Then I'll. overrule the supreme
court an fine the defendant fifty dollars
and costs
'Once q civil case was tried by Den
son, in which two lawyers were en-
plOyed. When the evidence was all in,
the attorneys held brief consultation
to decide upon the order in which they
should speak. AS the first one rose to
address the court, benson cut him short
by saying: Now you fellows just wait
till decide this case an then you can
spout law all day if you want to-
Migrants of all degrees, and every
man charged with a criminal offense
who was not able to pay a fine, benson
would sentence to terms of hard labor
on his farm.
"When asked once for an explanation
of such unwarranted proceedings, his
reply was that the law allowed him
costs in every case he tried, and, if a
man had no money, how was the court
to get the cost if he didn't work it out?
To this logical opinion there was no
reply, and no one ever interfered with
the judge afterward-
THE redeeming features of Judge
Denson's remarkable administration of
justice was that he usually managed to
get at the truth ~ : case, and never
allowed any L. e.. ..chnicalities to in
huence his decisions. If a man was
guilty he was punished in some way,
and If innocent he was discharged.
True, the judge decided a great many
cases over which the laws of the state
gave him no jurisdiction, and in many
ways he violated the letter of the stat
utes, but as his decisions were usually
just from moral standpoint, they were
allowed to stand
Several times dissatisfied parties to
civil suits and lawyers called the atten-
ton of the governor or the grand jury
TO Denson's method of doing business,
but every investigation resulted in a
for the judge. Once he
was called before a grand jury and
asked If he knew what law was.
Eyes he answered. Law is lot of
stuff put in books by lawyers to keep |
honest people out of their rights
THE jury thought this definition |
was so near the truth that they allowed |
the judge to go. After eighteen years
service he declined to accept the Office |
again, to the regret of his friends"
The best receipt ever given for