The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1897-07-16
HIS F0URSC0RE YEARS..
More About Justice Stephen J,
Field.
CAREER OF A FAMOUS JURIST.
His Brain Almost an Automatic Legal Ma
chine-Further Extracts From His Rem
iniscences as rty-niner-Criminal
Gases Nearly Fifty Years Ago.

Gases Nearly Fifty Years Ago.
WASHINGTON, July 16. - Especial. -
About 80 days hence Justice Stephen j.
Field will have eclipsed the great record OF
"a years months and days. service on
the supreme court bench. Justice Fields
service began March 10, 1868, and if he
lives till Aug. 16 he will have served con-
for longer time than any other
man that ever sat upon the bench. JUS
tice Field is still great judge When he
his mind upon a case, all his
great legal learning comes to his aid. His
brain is an almost automatic legal ma
chine. He forgets everything else, but the
law and it's principles are always fresh in
his mind.
The Ruling Power.
An interesting story concerning the ia
nous jurist comes to me from supreme
court circles Two of the justices, wish
ing to help their aged colleague discharge
his duties, called at his house not long ago
with written opinion in case which the
supreme court was soon to decide. They
read the document to Mr.. Field, thinking
he would sign it. Their only anxiety was
lest the old Judge would not be able to fol.
low their argument. He sat with his head
bent down on his breast, apparently in
trance. AS far as they could tell, he was
wholly oblivious to everything going on
around him, and the two justices were
very nervous about 1t.
Suddenly the veteran raised his head and
held his arm alOft.
"That is not right" he exclaimed with
surprising energy. "You are wrong-an
wrong"
Then Justice Field proceeded to lay
down the law. His reasoning was clear
and strong. He might forget whether it
was winter or summer, day or night, but
he quickly dem onstrated that on legal
proposition he was himself. He argued
bis view with so much force and effective
ness that in ten minutes be had carried
the day The two younger justices aban-
doned their position and tore up their
opinion, and later wrote another one in
accord with the views expressed by Justice
Field.
1t Is interesting to turn from Justice
Field at 80 years of age and veteran OF
the highest court in the land to the days
when he was young man and an alcalde
at Marysville Cal, nearly half century
ago. Fortunately I am able to give an
account of those experiences in Mr.. Fields
own words by means of excerpts from his
still unpublished autobiography, at which
he works when strong enough.
Stolen Gold Dust.
"Having been elected alcalde," writes
Mr. Field, 81 went to San Francisco and
bought frame house and zinc house on
credit and shipped them to Marysville. In
the frame house opened my office. One
morning, about clock, man tapped at
my window and cried, 'Alcalde, alcalde,
there has been robbery, and you are
wantedp Nearly every one in those days
lived in tent and had his gold dust with
him. The man, who proved to be Glider
sleeve, the famous runner, upon going to
bed the previous evening had placed sew
eral pounds of gold dust in his trunk,
which was not locked. In the night some
one had cut through his tent and taken
the gold. I asked him if he suspected
anybody. He named two men and gave
such reasons for his suspicion that I die
tated warrant for their arrest In q
short time the two men were brought be-
fore me. The gold dust was found on one
of them. I Immediately called a grand
Jury, by which he was indicted. I then
called petit jury and assigned counsel for
the prisoner. He was Immediately placed
upon his trial and was convicted. The
whole proceeding occupied only part Of
the day. There were great crowd and
much excitement and some talk of lynch
ing Curiously enough, my real trouble
did not commence until after the convic-
ton. What was to be done with the pris.
oner2 How was he to be punished? I'M
posing fine would not answer, and if he
had been discharged the crowd would have
Immediately hung him.
Mayor Geary of San Francisco told me
If would send my convict to him, with
money enough to pay for a ball and chain,
he would put him in the chain gang, but
the price of passage to San Francisco was
$50, which, with the expense of an officer
to accompany the prisonerand the price OF
q ball and chain, would have amounted to
q much larger sum than the prosecution
could afford, nor is it at all likely that the
people would have consented to his re-
moval. Under these circumstances there
was but one course to pursue, and, how.
ever repugnant it was to my feelings to
adopt it, believe it was the only thing
that saved the mans life. II ordered him
to be publicly whipped with SO lashes and
added that if he were found within the
next two years in the vicinity of Marys'
Vile he should be again whipped. l, how
ever, privately ordered physician to be
present so as to see that no unnecessary
severity was practiced. In accordance
with this sentence, the fellow was imme
diately taken out and logged, and thai
was the last seen of him in that region
He went off and never came back. The
sense of Justice of the community was sat
isf1ed. No blood had been shed, there hao
been no hanging, yet severe public ex
ample had been given.
Fifty Lashes.
"On another occasion a complaint Vol
made that man had stolen 81 500 from
woman. He was arrested, brought before
me, indicted, tried and convicted. or
dered him to receive 80 lashes on his bach
on two successive days unless he gave NJ
the money, in which case he was to receive
only SO lashes. AS soon as the sentence
| was written down the marshal marched
| the prisoner out to tree, made him hug
| the tree and in presence of the crowd thai
| followed began inflicting the lashes. The
man stood it for awhile without flinching
! but when he had received the twenty -sec
opd lash he cried out, Stop, for Cod
sake, and 1 will tell you where the none!
| isp The marshal stopped and, accom-
panied by the crowd, took the man to tn
| nIaoe indicated where the money! was re