I mulled over the proposition, looked up some books on maxims, and finally gave him this, "_Non haec in federe veni_," which I translated to mean, "I did not enter into this contract." He was delighted, and said there ought to be no doubt of success with the aid of this formidable weapon, and made me promise to ride down with him to hear him get it off. So the next day we started, and in crossing the Le Sueur prairie, Cowan was hailed by a man who said he was under arrest for having kicked a man out of his house for insulting his family, and he wanted Tom to defend him. The justice's court was about a mile from the road, in a carpenter shop, the proprietor of which was the justice. Tom told him to demand a jury, and he would stop on his way back and help him out. When we arrived at Le Sueur we found that the case could not be heard that day, and, starting homeward, about four o'clock we reached the carpenter shop. There we found the jury awaiting us. We hitched the team, and I spread myself comfortably on a pile of shavings to witness the legal encounter. The complaining party proved his case. Cowan put his client on the witness stand, and showed the provocation. Then he addressed the jury. His defense was, want of criminal intent. He dwelt eloquently on the point that the gist of the offense was the intent with which the act was committed, and when it appeared that the act was justified, there could be no crime. Then, casting a quizzical glance at me, he struck a tragic attitude, and thundered out: "Gentlemen of the jury, it is indelibly recorded in all the works of Roman jurisprudence, '_Non haec in federe veni_,' which means there can be no crime without criminal intent." The effect was electrical; the jury acquitted the prisoner, and we drove home fully convinced that the law was not an exact science. With what effect Tom utilized his Latin in the insurance suit I have forgotten, or was never advised. INDIAN STRATEGY. In the summer of 1856 I had the celebrated battery commanded by Major T. W. Sherman of the United States Army (better known as the Buena Vista Battery, from the good work it did in the Mexican war) on duty in the Indian country, on account of a great excitement which prevailed among the Indians. The officers of the battery were Major Sherman, First Lieutenant Ayer, and Second Lieutenant Du Barry. Its force of men was about sixty, including noncommissioned officers. I think it had four guns, but of this I am not certain.