The pioneer West : $b Narratives of the westward march of empire
History
The pioneer West : $b Narratives of the westward march of empire
Frontier and pioneer life -- West (U.S.)
Stapleton accomplished his trip without molestation. Lyons and
Forbes rode on to Virginia City, also, and finding Dillingham there,
they, in company with Stinson, met the next day and arranged for his
assassination.
A miners’ court for the trial of a civil case was in session the
following morning near the bank of the creek fronting the town. To the
observation of a person unaccustomed to the makeshifts and customs of
a mining community, the picture presented by this court of justice
would have exhibited many amusing features--not the least of which was
the place wherein it was held. The Temple of Justice was a wakiup of
brush and twigs, gathered from the different coppices of willow and
alder growing upon the banks of the creek, thrown together in conical
form, and of barely sufficient capacity to accommodate the judge,
clerk, parties, and jurors. Spectators were indebted to the interstices
in this primitive structure for a view of the proceedings; and as
no part of the person except the eyes was visible to those within,
the appearance of those visual orbs bore no inapt comparison to a
constellation in a brush heap.
Dr. Steele, president of the gulch, acted as judge. He united with much
native good sense, great modesty of demeanor. He was not a lawyer. On
his trip from the States, while crossing the plains, an unfriendly gust
had swept his only hat beyond recovery, and he came into Montana with
his brows bound in a parti-colored cotton handkerchief, which, for
want of something more appropriate, not obtainable at the stores, he
had worn until some friendly miner possessing an extra hat presented
him with it. Proving too small to incase his intellectual organs, the
doctor had, by a series of indented slits encircling the rim, increased
its elasticity, so that, saving a succession of gaps, through which his
hair bristled “like quills upon the fretful porcupine,” it answered the
purpose of its creation. With this upon his head he sat upon the bench,
an embodiment of the dignity, law, and learning of this little mountain
judiciary.
In the progress of the trial, the defendant’s counsel asked for a
nonsuit, on account of some informality of service.
“A what?” inquired the judge with a puzzled expression, as if he had
not rightly understood the word.
“A nonsuit,” was the rejoinder.
“What’s a--” The question partly asked, was left incomplete. The judge
blushed, but reflecting that he would probably learn the office of a
nonsuit in the course of the argument, he broke through the dilemma by
asking,
“Upon what ground?”
Public-domain text, read in full here on John Shaqi.
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