FEW persons in this part of the country are aware of the difference that
exists between our manners and customs, and those of the people of the
Western States. Their elections, their courts of justice, present scenes
that would strike one with astonishment and alarm. If the jurors are
not, as has been asserted, run down with dogs and guns, color is given
to charges like this, by the repeated successful defiances of law and
judges that occur, by the want of dignity and self-respect evinced by
the judges themselves, and by the squabbles and brawls that take place
between members of the bar. There is to be found occasionally there,
however, a judge of decision and firmness, to compel decorum even among
the most turbulent spirits, or at least to punish summarily all
violations of law and propriety. The following circumstances which
occurred in Kentucky were related to us by a gentleman who was an eye
witness of the whole transaction.
Several years since, Judge R., a native of Connecticut, was holding a
court at Danville. A cause of considerable importance came on, and a Mr.
D., then a lawyer of considerable eminence, and afterwards a member of
Congress, who resided in a distant part of the State, was present to
give it his personal supervision. In the course of Mr. D.'s argument, he
let fall some profane language, for which he was promptly checked and
reprimanded by the Judge. Mr. D., accustomed to unrestrained license of
tongue, retorted with great asperity, and much harshness of language.
"Mr. Clerk," said the Judge coolly, "put down twenty dollars fine to Mr.
D."
"By ----," said Mr. D.; "I'll never pay a cent of it under heaven, and
I'll swear as much as I ----please."
"Put down another fine of twenty dollars, Mr. Clerk."
"I'll see the devil have your whole generation," rejoined Mr. D.,
"before my pockets shall be picked by a cursed Yankee interloper."
"Another twenty dollar fine, Mr. Clerk."
"You may put on as many fines as you please, Mr. Judge, but by ----
there's a difference between imposing and collecting, I reckon."
"Twenty dollars more, Mr. Clerk."
"Ha, ha!" laughed Mr. D. with some bitterness, "you are trifling with
me, I see, Sir; but I can tell you I understand no such joking; and by
----, Sir, you will do well to make an end of it."
"Mr. Clerk," said the Judge with great composure, "add twenty dollars
more to the fine, and hand the account to the Sheriff. Mr. D., the money
must be paid immediately, or I shall commit you to prison."
The violence of the lawyer compelled the Judge to add another fine; and
before night, the obstreperous barrister was swearing with all his might
to the bare walls of the county jail. The session of the court was
terminated, and the lawyer, seeing no prospect of escape through the
mercy of the Judge, after a fortnight's residence in prison, paid his
fine of a hundred and twenty dollars, and was released.
He now breathed nothing but vengeance.
"I'll teach the Yankee scoundrel," said he, "that a member of the
Kentucky bar is not to be treated in this manner with impunity."
The Judge held his next court at Frankfort, and thither Mr. D. repaired
to take revenge for the personal indignity he had suffered. Judge R. is
as remarkable for resolute fearlessness as for talents, firmness, and
integrity; and after having provided himself with defensive weapons,
entered upon the discharge of his duties with the most philosophic
indifference. On passing from his hotel to the court-house, the Judge
noticed that a man of great size, and evidently of tremendous muscular
strength, followed him so closely as to allow no one to step between. He
observed also that Mr. D., supported by three or four friends, followed
hard upon the heels of the stranger, and on entering the court room,
posted himself as near the seat of the Judge as possible--the stranger
meantime taking care to interpose his huge body between the lawyer and
the Judge. For two or three days, matters went on this way; the stranger
sticking like a burr to the Judge, and the lawyer and his assistants
keeping as near as possible, but refraining from violence. At length,
the curiosity of Judge R. to learn something respecting the purposes of
the modern Hercules became irrepressible, and he invited him to his
room, and inquired who he was, and what object he had in view in
watching his movements thus pertinaciously.
"Why, you see," said the stranger, ejecting a quid of tobacco that might
have freighted a small skiff, "I'm a ringtailed roarer from Big Sandy
River; I can outrun, outjump, and outfight any man in Kentucky. They
telled me in Danville, that this 'ere lawyer was comin down to give you
a lickin. Now I hadn't nothin agin that, only he wan't a goin to give
you fair play, so I came here to see you out, and now if you'll only say
the word, we can flog him and his mates, in the twinkling of a quart
pot."
Mr. D. soon learned the feeling in which the champion regarded him, and
withdrew without attempting to execute his threats of vengeance upon the
Judge.