Promptly at nine o’clock the judge rapped for order and the trial began.
The men who claimed the cow were present with their attorneys. The
farmer’s attorney had brought a statute from Missouri while the doctor’s
lawyer produced one from Illinois, none from Arkansas being available.
The judge decided to use the Illinois statute, to favor the doctor and
avoid suspicion. He appointed a foreman of the jury and the trial got
under way. At intervals during the course of proceedings he would
declare a recess for music and refreshments.
The whiskey diminished rapidly as cup after cup was passed over the bar
and by mid-afternoon the barrel was empty. The judge immediately called
a halt to the proceedings and instructed the jury to go to the paw paw
patch and find a verdict.
After an hour in the thicket, the members of the jury discovered that
they could not agree. Both the plaintiff and defendant were called in
and questioned, but that didn’t help matters. Either the jury was
putting on a show or some of its members were not following the court’s
instructions.
The Arkansas doctor was a sly man and had provided additional
refreshments, hidden in a brush pile in the center of the thicket. At
the opportune moment, he produced a couple of jugs and the contents were
served complimentary to the jury. No one remembered what happened in
that paw paw patch after the jugs were emptied.
Most of the jurors were sawmill workers employed at Mrs. Massman’s saw
mill. When news of the party in the paw paw thicket reached the mill,
Mrs. Massman sent a man with a wagon to pick up the men that belonged to
her outfit. Some of them had crawled to the stream for water and they
were piled like cordwood in the wagon, hauled to the mill and lodged in
a corncrib to sober up. A few of the men remained in the paw paw
thicket.
When these jurors woke up the next morning they found themselves marked
with scratches, black eyes and bumps on the head. One of them had a
couple of broken ribs. But none could recall what had happened the night
before or how the trial ended.
The men “washed up” at the creek and proceeded to the courthouse to pay
for the liquor they had purchased during the trial. There sat the Squire
on top of the empty barrel, sound asleep. They awoke him and paid their
bills according to the tallies chalked up on the barrel against them.
“How did the trial come out, Squire?” asked one of the men. “Did the
Missourian get the cow?” “Gosh no,” answered the judge. “You drunken
idiots gave her to the doctor.” “Well,” said the juror, “he had the most
whiskey.”[10]
VII
THE NAMING OF THE TOWN
Public-domain text, read in full here on John Shaqi.
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