Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1925-01-28
EARLY JUSTICE


AS is usual in new countries the
earliest efforts to establish the blind
goddess with her impartial scales Sc
curely upon her throne in Grant coun-
ty were accompanied by many dis
crepancies in form and procedure
that cannot fail to produce a quiet
smile upon the countenances of pres
ent day barristers. Not but the dignity
of the higher courts under the same
and dignifed rule of Chief Justice
Charles Dunn backed by bar COM
prising such names as those of Mel
son Dewey, Orsamno Cole, William R.
Biddlecome, Stephen O. Paine, j. AL
len Barber, Joseph T. Mills, and other
legal luminaries of a like standirg
and character, was well preserved and
their proceedings marked by that staid
decorum that is supposed to be the
especial characteristic of these foun-
tainheadS of justice. On the contrary
while in exceptional instances, and
these extremely far between, might
have been exhibited instances of gar
ruility and disregard of legal amen
tiles, the bench and bar of Grant
county would precedence with any
similar body in the state. While this
is the case in the upper courts, it is
equally true that the lower channels
at times, under the influence of anna
teur occupiers of justice courts, pur-
sued a most tortuous and perplexing
course ending in climaxes altogether
the reverse of the meaning intended
by the court. A few of the most au-
thentic have been culled from the
many and are given below. While it
is possible that they may not have
occurred exactly within the territory
of Snake Hollow, afterward defined
as Potosi, they are altogether too good
illustrations of the early legal pro-
ceedings of their being missed here.
Early Courts
In the subordinate or justice courts
of Peter Coyle and David Gillespie,
early justices of the peace in this sec
ton, many singular incidents trans
pired and decisions were rendered
which to the actors at the time seemed
to be all right and in strict conform
ity with their notions of justice, but
to modern practitioners they would ap-
pear, however, to conflict with the
strict rules of evidence and encroach
upon the rights of the citizens.
For illustration, two cases tried IN
iustice court in the early th1rtles. A
nlaintiff was at that time permitted
to sue his debtor by warrant, and on
Judgment being obtained to issue ex-
ecution against and imprison the
debtor for want of goods or chattels
ont of which to make the money In
q certain case a man applied TO
county justice for Swarrant, ne actlng
az the agent for a firm in st. Louis
that had sold bill of goods TO the
defendant The warrant was lssueu
and placed in the hands OF con-
stable. The plaintiffs agent returned
to his abode, distant several mics
from the office of the justice. Inc con
stable prompt in the discharge OF ms
duties. went in search OF the ue-
PENDANT and in the course OIL uay
or two. arrested him and brought MIN
before the Justice. The question no"
arose as to how should the atten-
dance of the plaintiffs agent pc ac-
complished. This was soon settieu Wy
tbe Justice who Immediately ISSUED
warrant against his body ana III
rected the constable to bring MN
forthwith before the court. But, salu
tha constable, what shall L 40 WIN
tha defendant in the meantime! Oh
IT will fix that" said the justice, VINO
Of the moment observed a man on
horseback passing by me justice
hailed him and commanded the strdns-
or TO alight and take charge Oh ene
defendant. The traveller at hrst re-
fused alleging that he was a strahg-
ar residing in Illinois and going On
business to a distant point, out tne
iustice would receive no sucn excuse
He informed the stranger tnat ne was
. justice of the peace and in the name
~ tho limited States and ny autnorlty
~ the laws of the territory, oToereo
hin, again to take charge of the prls-
oner He reluctantly obeyed the man
5ata and mounted guard over the oe-
PENDANT.
Judge and Landlord
The constable then went III seaion
of the plaintiffs agent, founo nun "a, a.
his residence, arrested MN on
warrant, brought him DeIore .
court. and reported that ne mao INC
body there present. The trial proeeeu.
Cd and Judgment was duly renueieu
against the defendant. 1t was NV
nearly dark and as in those uays
housas were few and distant from
aach other. the traveller said 10 Tue
iustice that as he had detained I'M
naarlv all day it was then too iate "
nroceed on his journey and ne sup,
nosed he could give him supper anu
lodging. The justice was quite Wins
~ 6o so. for he was not only Juuse
hit a landlord as well.
The traveller and plalntih 49,
accordingly had their horses caleu
for. had supper, lodging ana DreaA.
fast. Immediately after wnicn 'ne
! .aSs..eror. nrdared his horse, but Wnen