The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-13
FIRST COURT HELD IN DEADwooD.

N~'~NS W0AC btd1AtAS III Llc HcdFcuS.
FIRST COURT HELD In DEADWOOD.
Did you ever hear how we held the first
court in Deadwood?' asked my old friend,
George Bartlett, as we sat in the little
hotel at Pine Ridge agency. one stormy
night in December, 1890.
No. 1 should be glad to learn of It," 1
replied, as we all lit fresh cigars at the
proprietor's expense.
Those OF you." said Bartlett, as he set
tied down for a good smoke, ''who are
familiar with great important structures of
stone and brick, you who nave heard the
learned judge and the eloquent lawyer in
halls of justice. models of architecture and
beauty, would have smiled had you looked
upon that strange assemblage in the rear
OF Jack Clawson's grocery store, many
years ago. 1t was one of the largest log
structures in the camp, and although but
ten feet high. was over ninety feet long.
There being no wealthy residents in Dead
wood up to that time. there were no law
yers present, SO, when our vigilance COM
mittee brought up a man known as Red
headed Johnson, for stealing corn from a
freighter, we scarcely knew what to do
with the culprit. Had he stolen a horse or
killed a man the committee would have hung
him at once. AS it was, he had only COM
mitted a petty offense, and so we scarcely
knew how we should punish him. The best
known man in town who had been around
court considerable in the East was Uncle
Billy and he acted in the capacity of
prosecuting attorney, while Tom Madden,
who kept a ranch at the cross
ing of the Cheyenne river, defended the
accused. The case was we'll presented to
the jury by Uncle Billy in a speech of
great e~loquence, that is, with much ges-
ticulation and yociferous enunciation. AS
near as 1 can remember, his speech ran
as follows:
"'Fellers of the jury: You see before you
a c%ringin', thievin', skulkin' criminal. He
anything that has happened in our criminal
records If he had a stole a horse or killed
mean, low-lived cuss robbed a poor emf
grant of five bushels of corn. Now, gentle
men of the jury. think, of the monumental
insignificance of this here crime! Think
how many mAles and horses groaned and
sweat haulin' them there five bushels of
corn from the Missouri river! Think how
much it was worth to the pore emigranti
What is our camp comm to when men git
so hard up that they take to stealth corn?
IN 1t seems to me that we are all goin'
down hill. Only last week, as you all know,
an old pard fired three shots at another right
here in our main street, and he lever hit
the Teller he was amin at. We oughter
build a Jail and put fellers therein what
steals corn or is bad marksmen. Now,
gentlemen of the jury, when you go into
fool around with no TASKS or bottles that
may be down there, but you attend strictly
verdict. guilty against the sneakin', good
for-nothin' cur who has the gall to steal
five bushels of corn. Gentlemen. 1 haint
got no more to say
sNToI1a, the oor,,coI for +bo o-;.o-o.
did not know what to say to this unanswer-
able argument. Personally, he thought the
matter demanded his Interference. and so
he set about abusing the worthy prose-
cutor. The latter. responding promptly to
this method of argument, r~ejoined by a
dextrous blow in the ear which flattened
Madden out against the hot stove. As soon
as the counsel for the defense could suffi-
GENTLY collect his senses, he looked about
him with an injured air and said, If this
is the way 2 mans goin' to be treated for
defendin' a criminal, I'm gwine home an
git my gun. I don't allow nobody in court
nor nowhere else to run over me-
80 he started for his home with the
avowed purpose of returning with a double
barrel shotgun, seemingly confident that
this method of replying to Uncle Billy's
style of oratory would be all that was
needed to secure a verdict for his client.
1--WE were all greatly interested in the
proceedings and stood about nudging each
other and winking and having a great time
at the expense of both the lawyers. Uncle
Billy, on his part, was apparently holding
in reserve something that would weaken
the force of Madden's action. for he did
not leave the store, but waited patiently
the arrival of the counsel. Uncle Billy sta
toned himself behind the door, and the
rest Of us, knowing that he was coming,
began to get a little uneasy. As Madden
returned with his shotgun Uncle Billy fired
through the door with his revolver. and the
bullet barely grazed Madden's nose. Then
the firing became general, and those not
Immediately concerned vacated the prem
ises by such exits as offered the most con-
venient and expeditions means of departure.
There were as many as twenty or thirty
men in the store when the melee began.
1t was really surprising to see how quickly
they got out. Many of us fell down or
were walked over; some men swore. others
were laughing and taking the matter good
naturedly. thinking that the trouble would
soon blow over.
I'm a few moments the self-constituted
sheriff came rushing up. Where he came
from was never known, but he came at
the top Of his speed, yelling like a Sioux
and firing his revolver at every jump. Mad
den was speedily driven TO cover and dis
armed. In less time than it takes to relate
il the jury reassembled, the grocery was
damned full of men. and nearly every fell
low in town was on hand. with the excep-
ton of the criminal red-headed Johnson.
All agreed that il was too cold TO go out
and hunt for him. and as the aggrieved
freighter was willing to drop the case, pro-
vided the town would make good his loss,
the prosecuting attorney took his hat and
went around the crowd, saying: Chip in,
boys, chip in, and raise this fellow SIS or
SO for his corn Corn was worth g a
bushel) Our racket did not amount to
nothin' after all, and we might as well pay
off the Jury and let ii co.
so they paid off the jury and the
freighter, giving each man "a cigar. Uncle
Billy explained that ii was a fundamental
principle OF his law that no one was re-
sponsible out of court for any language or
action used while discharging his sworn
duty. Madden readily adopted this view,