The record-union., 1892-12-29
EARLT-DAY D0GBERRTG.
Justice, as She Used to Hold Sway
in Brighton Township.
Charles Petit Relates a Few Reminis-
cences of Occurrences III JUS
tice Courts Out There.

speaking of early-day lawsuits in
Brighton" said Charles Petit the other
day, reminds me of a criminal case
which was tried in Justice Kercof' $
court about thirty years ago-a case for
petty larceny. The prisoner was dis
charged, and the complaining witness
was convicted of like offense, on the
same day, under the same information,
and by the same Judge, without leaving
the bench. 1t all happened in this way.
A citizen known as old Black Hawk
charged B. c. Hall with stealing steer
which belonged to his wife before their
marriage. The case was tried before
Justice Kercod, as l have said. Black
Hawk secured the services of Judge NJ.
c. Tilden, now of San Jose, TO conduct
the prosecution. Hall was defended by
the late D. w. Welty.
when the evidence for the prosecution
closed, the late Judge Conger was called
to the witness-stand on behalf Of the de-
Tense, and after some preliminary ques-
lions the witness was asked If he knew OF
Black Hawk having stolen anything re-
Gently. To this question Iilden objected,
and Weity insisted that the question was
relevant and proper. The point was ar
gued at some length by counsel on both
sides and submitted to the court.
Ills honor then excused himself for a
moment, and, vacating the bench, he
started for the door, mOtioning to the
witness to follow him outside tor con-
sultation. They both soon returned.
The Judge resumed his seat upon the
bench, and the witness again took the
stand. The Judge ruled that the witness
need not answer the question, but Black
Hawk stated that since there had been
so much said he would insist on the wit
ness answering the question.
His attorney still objected. but he still
insisted on an answer. Finally the wit
ness was allowed to explain, and stated
that he had seen the complainant early
one morning steal beeisteak from a
butchers shop on J street in Sacramento.
"Old Black Hawk then took the wit
neSs-Stand. He admitted taking the
steak. but pleaded that he was drunk at
the time and therefore was not account
able for the act.
1.-The outcome of the whole matter was
that the court discharged the prisoner, as
| said, and found the complainant guilty
OF petty larceny, and the county paid the
costs.
There was another fact rather out of
the usual custom in courts of justice
noticed on the docket Of J. L. Day, when
he was Justice of the Peace in Brighton,
away back in '54. Besides being ustce
of the Peace, Day also kept hotel on the
old plank road. One day man from
distance came to bring suit against resi-
dent of Brighton. He remained over
night, and after commencing the suit he
left in the morning without settling his
hotel bill, which the Justice charged on
his docket, along with the other costs in
the case.
THAT docket may yet be found, pre-
sumo, filed away among the county
records. 1t was considered by the legal
profession at the time quite curiosity in
its way.
ga. B. Hawkins was, I believe, the
first Justice of the Peace ever elected in
Brighton, and he soon resigned the office
because, as he said, of the terrible cor
ruption of the people,
Lest l should be considered unfair, |
will state that A. d. Patterson also served
one or more terms as Justice OF the
Peace in Brighton, number of years
ago. | was called one day as 4 witness in
his court, when the attorneys got into a
wrangle over a legal point, and they
urged the court number of times to de-
eide the question. Finally his honor ex-
claimed: Tut, tut: you are both lawyers,
and | should think you could settle it
yourselves And they did.
There was also another old resident Of
Brighton who once held the office of JUS
tice of the Peace during his residence
there, but it was so long ago that | recol-
lect but little that occurred in his COURT