Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-07-04
EARLY MONTANA JUSTICE.
Novel verdicts Reached BY lnexperi.
enced Jurors.

enced Jurors.
"Well do / remember the first law"
suit tried In Helena" said Judge Cor.
nelius J. Hedges, according to q recent
letter. TT was In the spring Of 1856
and came with the appointment Of the
first justice Of peace for the then
thriving mining camp Of Helena.
"The controversy was over a town
lot, valued, as l remember, at about
SIS A jury was duly summoned from
among the miners and the questioning
of witnesses began. The witnesses
were about evenly divided as to which
of the contestants had first staked out
the property.
1.-The examination Of witnesses final
ly completed, the case was given to
the jury. OF course, It being the first
lawsuit In the camp, every one was in
terested In the result. It was plainly
a case of hung jury, however the
members so announcing from time to
time as their deliberations continued.
Finally the thirst Of the Jurors be-
came irresistible and they were taken
to a nearby saloon to quench It; and
1t was at this place that a proposition
was made which seemed to strike all
as equitable and which was later car
ried out
This was what might be termed a
compromise, and incidentally 1t was
one which certainly proved agreeable
to the counsel. might add that my
opponent in the case was our late en-
inent townsman, E. Warren Toole, a
brother of the present chief executive
of the state Of Montana.
1.-The suggestion was that the lot be
sold and the proceeds divided between
the counsel. Although perhaps a little
irregular, the decree was duly made
and the lot auctioned off by the sher-
In. After paying the expenses Of the
trial there was about s75 left, which
was equally divided between Mr..
Toole and myself.
1.-The theory upon which this division
was made was that we had worked un-
usually hard in trying to win the first
lawsuit in the camp and were entitled
to at least what would remain after
paying the costs. A unique case;
Judge"
Judge Hedges told another story re-
lating to Mr. Toole. who died recently
in Helena, and who was perhaps the
most eminent lawyer Of Montana.
"This suit" said Mr.. Hedges, was
one involving a rich mining claim lc-
Gated near Virginia City, in Alder
gulch. the scene of the first discovery
of gold in Montana. Two men assert
ed ownership I'm the property, and as
there was no chance Of an amicable
settlement between the contending
parties, 1t was decided to impanel a
jury and let 1t determine.
"In those days law books were a
scarce article in the Territory Of Mon
tana, and indeed might made right In
most instances. Mr.. Toole was the
attorney on one side and made the
most Of his case.
"I do not remember the other law
yer's name, but at any rate he mace
an equally forceful presentation Of his
clients rights in the matter, and t
was almost a foregone conclusion that
the jury would have hard time In de-
termining the question in whom title
to the property vested.
Finally the cause was submitted to
the jury along with the instructions OF
the court. Twenty-four hours passed
and no verdict. The body seemed to
be hopelessly divided, six to six, as I
remember It.
"At the end Of forty-eight hours no
verdict had been agreed upon and the
Jury so reported to the justice and ask
ed it's discharge. An effort was made
to induce the jury to try again, but
his was abandoned as impractical. 1t
being plainly evident that some other
method would have to be decided upon.
Finally one of the jurors suggested
that the opposing counsel play a
game Of seven-up to determine. Both
clients agreed, as there was no other
court to appeal to, and pack Of cards
being produced, the lawyers went ut
II.
"Mr. Toole won the game, which. as
I remember. was very close and the
interest in 1t intense. The final score
was six to seven. The loser graceful
Iy accepted his loss Of property as de-
termined by chance, as though the
case had been decided by the highest
courts"