Frontier and pioneer life -- Oregon; Frontier and pioneer life -- Washington (State)
empire; but I found such knowledge of great use after I was appointed to
a Judgeship in Washington Territory. A little brushing-up and some
additional reading enabled me to try the admiralty causes brought before
me to the satisfaction of the bar. I cannot close this brief reference
to my law preceptor without the narration of an incident in which he was
one of the principal actors. The sheriff of St. Joseph County, Michigan,
had been elected for four consecutive terms, and it was alleged and
conceded that he was a defaulter in a large amount. He had given a
different set of bondsmen for each term, and the question arose which of
these sets was responsible. My preceptor was employed by the county; the
bondsmen, of which my father was one, employed Columbus Lancaster,
afterwards a delegate to Congress from Washington Territory, and one of
the judges in the provisional government of Oregon. Lancaster was a
witty and eloquent speaker and a successful trial lawyer. As the case
was an important one, and the counsel distinguished, many lawyers
attended the trial. At that time the laws of Michigan gave three
justices of the peace, sitting in bank, all of the powers, by the
consent of the parties, of the Superior Court. This was a trial before
such tribunal. But little evidence was taken, just enough to raise the
legal questions involved. The argument of Howe was clear, compact and
to my mind conclusive. It had for its basis English authorities and
cases. Lancaster answered in an eloquent and witty speech, and after a
brief reply from Howe the case was submitted. The justices retired, but
in a short time returned. Their judgment was for the defendants. Howe
was manifestly disappointed and he said to Lancaster: "I will offer
this: You may choose any three from the lawyers present, and we will
re-argue the question and I will agree to abide by their decision." The
answer of Lancaster was characteristic; he said: "I never run all day to
catch a rabbit, and then let him go just to see whether I can catch him
again."
Both of these men have long since been gathered to their fathers. They
were just men and true, and in ability far above the average.
Public-domain text, read in full here on John Shaqi.
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