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
Mr. Phillips was a native of Maryland, and came to St. Paul in 1848. He
was the first district attorney of the county of Ramsey. He became quite
prominent as a lawyer and politician, and tradition has handed down many
interesting anecdotes concerning him. The indictment charged him with
assault with intent to maim. In an altercation with a man, he had drawn
a pistol on him, and his defense was that the pistol was not loaded.
The witness for the prosecution swore that it was, and added that he
could see the load. The prisoner, as the law then was, was not allowed
to testify in his own behalf. He was convicted and fined $25. He was
very indignant at the result, and explained the assertion of the
witness, that he could see the load, in this way. He said he had been
electioneering for Mr. Henry M. Rice, and from the uncertainty of
getting his meals in such an unsettled country, he carried crackers and
cheese in the same pocket with his pistol, a crumb of which had gotten
into the pistol, and the fellow was so scared when he looked at it, that
he thought it was loaded to the muzzle.
Another anecdote which is related of him shows that he fully understood
the fundamental principle which underlies success in the practice of
law--that of always charging for services performed. Mr. Henry M. Rice
had presented him with a lot in St. Paul, upon which to build an office,
and when he presented his next bill to Mr. Rice there was in it a charge
of four dollars for drawing the deed.
The territorial courts as originally constituted, being composed of only
three judges, the trial terms were held by single judges, and the
supreme court by all three sitting in bank, where they would review each
others decisions on appeal.
When the state was admitted into the Union the judiciary was made to
consist of a chief justice and two associate justices, who constituted
the supreme court, with a jurisdiction exclusively appellate, and a
district judge for each district. As the state has grown in population
and business, the supreme court judges have been increased to five and
the judicial districts to eighteen in number, two of which, the second
and the fourth, have six judges each, the eleventh three, the first and
seventh two each, and the remainder one each.
The practice adopted by the territorial legislature was generally
similar to that of the New York code, with such differences as were
necessary to conform it to a very new country. From a residence in the
territory and state of forty-seven years, nearly all of which has been
spent either in practice at the bar or as a judge on the bench, I take
pride in saying that the judiciary of Minnesota, in all its branches,
both territorial and state, has, during its fifty years of existence,
equalled in ability, learning and integrity that of any state in the
West, which is well attested by the seventy-seven well filled volumes of
its reported decisions.
Public-domain text, read in full here on John Shaqi.
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