The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-01-29

The Judges OF the district court OF Hen
nepin county, relates the minneapolis
Times are good story. tellers. and wnsn
they get together reel of some pretty
good yarns. A few mornings ago Judges
Simpson Smith. Niece and Lancaster
were in Judge Smiths chambers awaiting
the hour set to fall upon the account OF
certain receivers and asslgnees. Judge
McGee was recalling his early experiences
at Mandan, ~. d.. and related some good
stories of Judge Francis. who was on the
bench at Mandan. N. D.. in the territorial
days.
Judge Francis, of the bench. was one of
the most genial and pleasant gentlemen in
the whole territory. In the court room.
however, he was autocrat from the
ground up. Autocracy didn't so in those
days with the sturdy class who had
sought the plains for freedom and pros
periiy. and one OF the judges friends
took occasion one evening TO remind the
Judge that he must moderate his de-
meanor in the court room or some one
would turn the gun argument loose on
him.
II want you to understand. sir that the
court is afraid of no one" replied the
Judge assuming for the moment his
court room manner. Expostulation was
useless and the friend des.sted. but the
next morning the court received a start
ling reminder of the truth Of his friends
admonition.
Court had just convened and things
were moving along with their customary
smoothness when man Of the plains
appeared at the door, and, drawing his
revolver leveling il apparently. al the
judge. began 10 shoot. The judge, who
was afraid of no one did not wait to an
nounce q recess IN the customary way.
but. without ceremony. slid down behind
L. fA<I
and did not show himself until the shoot
Ing ceased and he was sure that II would
not be resumed.
When he finally lifted his head above
the desk he discovered that he was not
the mark aimed at, but a witness In the
case on trial. against whom the marks
man had a grudge. which he took out by
putting three bullets into him. The latter.
being on a line with the judge. the Judge
thought the gun was leveled at him and
did not stop TO take fancy measurements.
Among the other characters at Mandan
at the same time. and one who had no
friendly relations with Judge Francis. was
one Root. Root attended the Episcopal
church and was accustomed to make II
unpleasant for new ministers II their or
thodoxy did not measure mp with his
ideas If the divergence OF his ideas from
those of the minister was very great. he
would arise frem his seat. which was
close under the pulpit and would call the
preacher down, sometimes threatening to
chastise him if he continued to preach his
malicious doctrines.
One day his anger at a certain ministers
preaching carried him 10 an extreme. and
he let go a prayer-book at the gentleman
OF the cloth. But the latter had been
forewarned and. drawing revolver from
his pocket. began 10 perforate the s;mos-
phere about Mr.. Root in typical Western
style.
Despite his cloth. he was Indicted for
assault and when taken into court
pleaded guilty. and upon examination
stated that Ii was his Arm intention 10
kill Root. Judge Francis was on tho
bench. and when the prosecuting astor-
ney moved for sentence the judge settled
himself In his chair. shook his head and
In his most autocratic court manner. said:
The sentence Of the court IL Indefinitely
postponed" And Il was. The bclllgerent
minister was never sentenced. but went
free under a bond which II was never At
tempted 10 collect.