Omaha daily bee., 1895-10-12
JUSTICE IN PRIMITIVE TOCA
Samples Of Legal Procedure in the Ozark
Section Of Arkansas.
A FRESH NEBRAsKAN TAKES A HAND
Appalling Dignity of the Justice of
the Pence-The Custom of "Cus-
sin Out'-strilsing Instances
of Judicial simplicity.

The sobriety Of that portion of the Ozark
country in Arkansas is apparent. 1t is
| claimed by correspondent of the st. Louis
| Globe-Democrat that the high moral tone ex-
| tends to the rights OF personal property You
get no key when you are assigned to room
in hotel. Few of the farm houses have
| locks on the doors.
II don't believe there is any other section
of the United States where larceny is so rare
as it is here" said Editor Jones of the
| Mountain Echo at Yellville to the correspond
ent. Il had occasion to write something on
| this subject not long ago An article had
| appeared in an outside paper which seemed
| TO reflect upon our people as regards the
| safety Of property. l said in that article that
| had been in this country eight years; that
| | never thought of locking either my smoke
| house or my corn crib, and that had never
| had anything stolen. The statement was
strictly accurate up to that time. I'm sorry
| to say that about week after l made that
boast l lost load Of corn. STILL such things
are very rare"
The fact is. criminal trials are such novel;
| ties in the Ozark country that they serve the
| purposes of recreation. At Lion Hill the
| other day the whole community assembled to
| enjoy the inquiry into larceny case. Colonel
| Mixs sawmill was utilized for a court room
| Foreman Tripp blew the whistle as the signal
| fresh arrival from Nebraska was INTERRUPTED
in the midst of an expression Of opinion on
| the relative merits Of the two sections. He
| was just saying:
| "A man has to put in little more muscle
| making crop down here among these rocks
| tnan he does in Nebraska. But up there he
has to work harder to make a living. You
| see he can't resort to the woods with a gun
| every time he gets out of meat, as he can
| down here"
ives ready, Mr.. Constable" said short
| stout man in his shirt sleeves.
| "Oyez! Oyez!' Mr.. Schoonover announced
| sonorously, the court of Buffalo township is
a-goin' to take a seat
| Justice Mace, the aforesaid short stout man
in shirt sleeves, carrying ponderous volume
| or the Arkansas statutes. walked over and sat
| down with his back to the buzz saw.
Constable Schoonover produced a paper
which alleged that three men named therein
were responsible for the disappearance of
| certaip log chain. One of the defendants
| came forward promptly when his name was
| called by the justice. The second manifested
| not the slightest interest in the proceedings
| but stood with his back to the court
| You'll have to talk louder, judge" said
Schoonover That man can't hear nothing"
| DO you plead guilty or not guity?" the
justice asked of man on log facing him.
! Not guilty" said the defendant with
| such emphasis that the crowd admired
The Judge opened the statutes at a place
| he had marked with a slip of paper anG
| addressed the constable:
Got any witnesses?"
| Il believe I've got returns on couple"
| said the constable. as he fumbled over some
| well-worn sheets of legal cap. He called the
names. One Of the witnesses spoke up: "Tm
| not going to appear against this man.
| The court looked at the witness and then
| consulted the law book.
las there are witnesses" he said, "the
| court discharges the defendant
Much obliged to the court said the de-
dan IIA A.
| hat and went out of the saw mill.
| The justice turned his attention to the
other defendant. The constable had been
| holding communication at short range with
| the deaf man and now replied:
'He says he wants continuance until
| Saturday to get COUNSEL
The court consulted the statutes and said:
"The law allows three days continuance
| The case will be set for Saturday"
| Then, having looked over the warrant, the
| justice turned to the constable and said:
| There's one man named here you haven't
| got.'
NO" said schoonover with grin. 81
! hain't got him. and amt likely to get him.
| They say he's bad medicine"
| Some Of the auditors snickered. The JUS
| tice proceeded to write up the minutes of
| the session. While he was 80 engaged
man rode up hurriedly and dismounted.
What's been done?" asked the newcomer
| in the tone of one who understood his pro-
| fessional rights before the court.
| ''So-and-sos discharged" said the Judge
"On what ground?" inquired the newcomer.
mo evidence" replied the judge.
What was done with the other MANI"
asked the newcomer.
"He took a continuance until Saturday"
| said the Judge.
"He had a right to it," commented the
newcomer, turning away.
Subsequently the newcomer said IL he had
| arrived in time he should have undertaken
| the dpfanSe of the asking q
And" he added 81 would have cleared
him, too. But as long as the court has sus-
taired the motion for continuance nothing
can be done"
That's right" said the Judge, reflectiyely
biting the end of his pencil.
The newcomer was identified as the black
| smith at Buffalo City.
Justices courts in the Ozark country are
81 eat institutions. 1t is told of one squire in
Baxter county who, in passing on a matter
submitted to him, said to the array of law
yers on both sides:
Gentlemen, l shall decide this case in a
pint that none of you have SEEN"
woman came down to Yelville not long
justice of the peace over on White river had
divorced her, and she wanted to know IL the
proceedings were all right.
"Of course not" said the lawyer, "the JUS
tce of the peace couldn't give you divorce"
Well said she, "he done it. all the same"
message was sent to the justice to come
over to the county seat and explain what
kind of court he was running When he
put in an appearance he was asked about the
divorce, and at once said he had granted it,
But don't you know you can't divorce
people?" expostulated the Judge.
by thunder" retorted the justice, 'T mar
ried EN- and l guess l had right to d-
vorce EN-
"Cussn' OUT used to be one of the ways of
settling controversies in the Ozark country.
1t originated with Uz Findley and John Car
| ter. The Findleys came from Georgia Old Uz
| took a great interest in politics, and where
ever he went he was followed by venerable
negro named Bosen whose duty 1t was to
steer his master homeward when he needed
| help. AT one of the early elections old Uz
and John Carter became very angry at each
other. II looked as IL nothing but a fight
could settle the issue between them, when
| suddenly old Uz shouted;
Mr.. Carter, stand and be cussed."
Carter removed his hat, walked out about
ten PAGES from the crowd, and told old Uz
| to go ahead.
Findey removed his hat and, walking out
| In front of Carter. said. with deliberation and
emphasis:
"Mr Carter. II this earth was one piece of
| parchment, and the sea one basin Of ink, and
every quill upon earth was one Quill and I
had the power to use that quill, that parch-
ment, and that ink. | would fall short. sir
OF being able to describe the corruption of
I