The History of Minnesota and Tales of the FrontierFlandrau, Charles E. (Charles Eugene)
History
The History of Minnesota and Tales of the Frontier
Flandrau, Charles E. (Charles Eugene)
Frontier and pioneer life -- Minnesota; Minnesota -- History
In the early days of the territory a large part of the legal business
arose out of misunderstandings about claim lines and the attempts of
settlers to jump the claims of other people. These suits usually took
the shape of trespass and forcible entry and detainer. In some instances
they ripened into assaults and batteries, and were generally tried
before justices of the peace. Nearly all the people were French, and
that language was quite as usually spoken as English. The town of
Mendota was almost exclusively French and half-breed Sioux, the latter
speaking French if they deviated from their native tongue. One of our
earliest lawyers was Jacob J. Noah, from New York. He was the son of a
very celebrated journalist of that city, and was a very cultured and
accomplished gentleman. He spoke French like a native, which, no doubt,
had a good deal to do with his living at Mendota. That town boasted of a
justice of the peace, who occupied an exalted position in the estimation
of the French inhabitants, on account of his learning and established
character for justice and fair dealing. He was a handsome old gentleman,
with white hair and beard and impressive judicial manner. About the year
1855, among the new arrivals in the legal fraternity, was Mr. John B.
Brisbin, also from New York. He was a graduate of Yale, and acquainted
with some of the leading lawyers in St. Paul, so his advent was
announced with a good many flourishes, and he soon took a leading stand
in the profession. Mr. Brisbin was a cultured and eloquent lawyer, and
no one knew it better than himself. He settled in St. Paul. Soon after
his arrival a controversy arose between a couple of settlers in Dakota
county about their claim boundaries, and a suit was brought before the
French justice at Mendota. Major Noah represented the plaintiff and the
defendant employed Mr. Brisbin. It being Brisbin's first appearance in
court, he made extraordinary preparations, intending to create a
favorable impression. He discovered some fault in the law of the
plaintiff's case, and when the parties met in court, he demurred to the
plaintiff's complaint, and made an exhaustive argument in support of his
position. He was fortified with numerous citations from English and New
York cases, all of which he read to the court. When he would become
particularly impressive, the court would evince signs of deep interest,
which convinced the speaker that he was carrying everything before him.
When he finished his argument, he looked at his adversary with a
confident and somewhat exultant expression, as if to say, "Answer that
if you can."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account