The sun., 1903-11-15
4 MISFIT JUDGE
\ in WYOMING.
Though Able, Just and Conscientious,
He Made the Territory an
Open Air Bedlam.


and generally get IT," commented a Chey-
enne man on election night, when the size
OF the Tammany sweep had become mani
fest. "Out West we usually have a pretty
straight idea as to what we want. but we
don't always get it.
'For instance. there is an anti-gambling
law now in Wyoming. Think of thatl You
have to climb one flight of stairs now to
play faro bank or keno in Cheyenne. Be-
fore, Of course, all you had TO do was to
push In the swing door from the street.
1T always depresses me to have to play
faro bank one flight up. 1t seems un-
wholesome and uncanny. But, at that, In
some respects, things are better now in
Wyoming than they used to be when
Wyoming was Territory.
'1n it's management OF the Territories
the Federal Government used to entertain
curious and pathetic ideas as to the poe-
sibility Of fitting square pegs into round
holes. A little more than twenty years ago
the Federal Government appointed New
York man as one Of the three Territorial
Judges Of Wyoming,
'He was scholar, a gentleman and
Judge; and. beyond all that, one Of the
finest men ever knew. But he was just
about as we'll fitted by nature. training
and point Of view to be the Nizam OF Hydera-
bad as he was to be Territorial Judge Of
Wyoming.
He was a man with courtly, old school
manners and, like most men OF that kind
that have met with little or no sense Of
humor. In his early days in New York he
had been law partner Of that scion Of the
Van Burens who was nicknamed the Prince.
He was of fine New York stock himself.
AS a Territorial Judge Of Wyoming he
was eminently conscientious and did the
best he knew how, according to his lights;
but his lights were never meant to serve a.
beaoons in Wyoming. He tore the Terri.
tory Of Wyoming into fragments. hgura-
lively speaking, and yet he never did .
wrongful act to bring about such state Of
affairs. He was just misfit, that's all.
Il couldn't begin to unreel In a days
time even an epitome Of the long series OF
errors that this conscientious Judge and
upright man made while on the Wyoming
bench. They weren't errors of law. He
WAS an able lawyer. They weren't errors
due to arbitrariness. He was as placid
and fair man as you'd want to meet.
They were errors wholly due to the mans
utter. absolute non-adaptability to the
had lust ono fixed standard Of law and
conduct, and 1t wasn't in him to change 1t.
Therefore he had to lose out. Could
walrus or a sea lion prosper in . Harlem
fat?
Zone day quite while after the litigating
heads over him. the Judge started In to
hold court in Lander. The first case up
was that OF q stock detective who had
shot cowboy IN the back and killed him.
Most Of the men In court. summoned
as possible Jurors, were cattle men, but there
were some others. One Of the others was
the proprietor OF a Lander faro bank. He
was a square man and q good citizen Of
Wyoming. He was a respected and we'll
liked man. with slews and slathers Of friends
wasn't his name. but wen call him that
was a whole lot OF figure In Lander and
In Wyoming.
His name was drawn as Juror for tho
trial for murder Of this stock detective.
and he was accepted. Then an itinerant
sent note up to the bench. informing the
Judge that Ben High was q professional
gambler. with q faro bank in Lander.
.IAs Judge read the words on the peri
patetie parsons alp OF paper, and then he
you may step aside, Mr.. Hlgh.' sald the
Judge to Ben. You are excused from
service on this Jury.
Ben bnnked with astonishment and
regarded the Judge peculiarly. He was
so puzzled that he didn't appear to be able
TO move.
.'You are excused. Mr.. High,' repeated
the Judge, not without q little asperity In
his tone this time.
-Ben stepped out Of the box and strode
from the court room. He figured that there
couldn't make out what the mistake was.
So he waited for the court to take recess
at the dinner hour, and when the Judge
emerged from court Ben addressed him.
Judge said he. you sure have got me
tied some hard. What's . the matter mat. r. with
81 am perfectly willing TO believe that,
Mr.. High replied the Judge, calm and
unruffled. but with certain note Of disap-
proval in his tone, nevertheless. Ben's
sharp ear caught that note;
@'Im a white man. amt l, and know how
to treat other men white? said Ben
"T have heard no imputations against
your sense Of fairness, Mr.. High,' replied
the Judge, starting to walk toward the feed
shack; a., ,
path to the grub outfit, what have you
got ag'in me as juror to try this rustler
turned stock detective?
1t is sufficient, Mr.. High, that I have
found you disqualified TO serve az juror,
said the Judge. lam not required to name
the reason
Well. you are required to name it,
said Ben, dull red flush appearing In his
cheeks. You name it,
This aristocratic fine hammered Judge
wasn't any coward. He was anything but
that. Ben was shaking his forefnger in
the Judges face, but the Judge didn't step
back quarter of an inch.
I am reliably informed. Mr.. High,
said the Judge, in the exasperatingly even
tone that some Wyoming folks found so
hard to endure, that you are professional
gambler. the proprietor of a gambling hell
here in Lander That disqualifies yot as a
Juror in any court over which preside
Then the Judge walked into the feed
plant. Ben stood where he was, his fore
finger still half raised in the air.
"Ben was too stunned TO move. He
couldn't even turn around to follow the
Judge with his eyes. He was simply para
lived with astonishment.
He stood that way for full ten MIN
utes before he could communicate any
motion to his feet. Then he walked slowly,
like q man in IA daze, out to the edge of the
town, and sat on boulder for long time.
Seeing Ben that way, and knowf. g the cir
cumstances some OF us couldn't help but
smell trouble.
well it came. When Ben got up from
his boulder he made for the nearest red-eye
plant, and inside OF an hour he was riotous
and shooting up the town.
"Inasmuch as Ben had never done that
berore the boys were of the OpiDiOn that