Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1925-01-28
mtth thf putnat 1BtuttprrH
(By Judge Wimotl
(By Judge Wilmottl

probably owing to his exalted military
rank was permitted to wear his hat
during the trial, manifested a good
deal of Impotence, shown by fidgeting
in his seat and whispering to his fell
low jurors.
Motion Overruled
The justice again overruled a mo-
ton and told the witness to proceed.
This he did for short time, when he
made a statement which was clearly
prevalent and contrary to every rule
of evidence and common sense. The
attorney who had so often and so I'M
successfully attempted to exclude this
sort of evidence could no longer 81
llently submit. He again arose from
his seat and most respectfully ap-
pealed to the court, protesting against
such statements going to the jury as
testimony. Thereupon the worthy
foreman rose from his seat and swore
he would no longer sit there and hear
the objections of that fellow; that he
| had taken an oath as a juror to de-
eide the case according to evidence
and if he could not hear the whole
story from the witness he should leave.
Accordingly he made several strides
toward the door, when the justice rose
from the bench and approaching the
juror placed his hand on the Colonel's
shoulder and begged that he return
to his seat, promising that the trouble
some attorney should not again inter-
fere.
After some persuasion he consented
| to do SO, at the same time, while pres
sing his hat more firmly upon his
head he exclaimed, well, I'll try it
once more, but ID if I'll stand any
more of that fellows nonsense" The
attorney gave up in despair and the
opposite counsel had it all his own
way
A COntretemps
, Another illustration of the manner
/ in which the dignity in which the law
was upheld sometimes under serious
difficulties, comes from the following
case. Two parties became embroiled
in one of those bouts at dsticuff so
common in the mining region at that
date but before any considerable dam
age had been done third party
stepped between the combatants and
restored order. But the peace of the
|
was over but now someone must pay
the piper. Accordingly a warrant was
issued and one of the pugilists ar
rested His trial came off in due form
and resulted in his acquittal. There
upon the other party to the fracas was
brought before the dread bar of JUS
tice with a similar result. Matters
were now becoming serious; insulted
justice demanded a victim and a war
rant was issued against the body of
the peacemaker. Thoroughly astound
ed that individual was brought before
the court and convicted of disturbing
the peace of the commonwealth.
| In the meantime establishment had
given way in the mind of the victim to
a feeling of righteous Indignation
which was shared to the full by his
friends. Suddenly the tables were
turned, not only figuratively but liter
ally. The court was obliged to take
refuge in flight and the last seen of
his honor he was making hasty strides
over an eminence in the vicinity with
! his erstwhile prisoner trailing close
in the rear, while the latter's friends
obligingly remained behind to reduce
to chaos the scene of their favorlte'S
disgrace. The pound of flesh tradition
assures us was never obtained in that
case.
1t was the genial David Gillespie
who after listening impatiently to long
Winded arguments upon law and evil
dence when he was seated on the
bench as an early justice of the peace
in Potosi, gave vent to his feelings by
exclaiming with emphatic earnestness,
Gentlemen, you may go away with
your blackstones and your whet-
stones. It is my private opinion that
the plaintiff has the right of the case
but the court reserves it's decision I'M
til Monday"
Summary Justice
Another instance where the court,
not waiting for the slow and ponder
Gus movings OF the law, took upon
itself the double role Of judge and ex-
ecutioner. A case was on trial and the
small carpenter shop filled with its
cleanly litter was filled with legal tall
emit, witnesses and spectators. The
trial had not progressed very far be-
fore one of the witnesses cast doubt
upon the veracity of the court, or in
other words suggested that his honor
was a. damn liar" This was more
than Scotch blood could stand. Rising
from his seat the justice Of the bench
remarked to himself, Your Honor, I
dismiss this court for fifteen minutes.
and then pulling off his coat proceeded
to infiict swift punishment upon the
vile slanderer. Having completed his
seIf-imposed task his Honor resumed
his seat, opened court and no more
insults were offered to that fountain