Читать книгу The History of Minnesota and Tales of the Frontier - Charles E. Flandrau - Страница 20

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The courts were held in pursuance of the governor's proclamation, the first one convening at Stillwater. But before I relate what there occurred, I will mention an attempt that was made by Judge Irwin, one of the territorial judges of Wisconsin, to hold a term in St. Croix county, in 1842. Joseph R. Brown, of whom I shall speak hereafter as one of the brightest of Minnesota's early settlers, came to Fort Snelling as a fifer boy in the regiment that founded and built the fort in 1819. He was discharged from the army about 1826, and had become clerk of the courts in St. Croix county. He had procured from the legislature of Wisconsin an order for a court in his county for some reason only known to himself, and in 1842 Judge Irwin came up to hold it. He arrived at Fort Snelling, and found himself in a country which indicated that disputes were more frequently settled with tomahawks than by the principles of the common law. The officers of the fort could give him no information, but in his wanderings he found Mr. Norman W. Kittson, who had a trading house near the Falls of Minnehaha. Kittson knew Clerk Brown, who was then living on the St. Croix, near where Stillwater now stands, and furnishing the judge a horse, directed him how to find his clerk. After a ride of more than twenty miles, Brown was discovered, but no preparations had been made for a court. The judge took the first boat down the river, a disgusted and angry man.

After the lapse of five years from this futile attempt the first court actually held within the bounds of Minnesota was presided over by Judge Dunn, then chief justice of the Territory of Wisconsin. The court convened at Stillwater in June, 1847, and is remembered not only as the first court ever held in Minnesota, but on account of the trial of an Indian chief, named "Wind," who was indicted for murder. Samuel J. Crawford of Mineral Point was appointed prosecuting attorney for the term, and Ben C. Eastman of Plattville defended the prisoner. "Wind" was acquitted. This was the first jury trial in Minnesota.

It should be stated that Henry H. Sibley was in fact the first judicial officer who ever exercised the functions of a court in Minnesota. While living at St. Peters (Mendota), he was commissioned a justice of the peace in 1835 or 1836 by Governor Chambers of Iowa, with a jurisdiction extending from twenty miles south of Prairie du Chien to the British boundary on the north, to the White river on the west and the Mississippi on the east. His prisoners could only be committed to Prairie du Chien. Boundary lines were very dimly defined in those days, and minor magistrates were in no danger of being overruled by superior courts, and tradition asserts that the writs of Sibley's court often extended far over into Wisconsin and other jurisdictions. One case is recalled which will serve as an illustration. A man named Phalen was charged with having murdered a sergeant in the United States army in Wisconsin. He was arrested under a warrant from Justice Sibley's Iowa court, examined and committed to Prairie du Chien, and no questions asked. Lake Phalen, from which the city of St. Paul derives part of its water supply, is named after this prisoner. Whatever jurisdictional irregularities Justice Sibley may have indulged in, it is safe to say that no injustice ever resulted from any decision of his.

The first court-house that was erected within the present limits of Minnesota was at Stillwater, in the year 1847. A private subscription was taken up, and $1,200 was contributed. This sum was supplemented by a sufficient amount to complete the structure, from the treasury of St. Croix county. It was perched on the top of one of the high bluffs in that town, and much private and judicial blasphemy has been expended by exhausted litigants and judges in climbing to its lofty pinnacle. I held a term in it ten years after its completion.

This court-house fell within the first judicial district of the Territory of Minnesota, under the division made by Governor Ramsey, and the first court under his proclamation was held within its walls, beginning the second Monday of August, 1849. It was presided over by Chief Justice Goodrich, assisted by Judge Cooper, the term lasting one week. There were thirty-five cases on the calendar. The grand jury returned thirty indictments, one for assault with intent to maim, one for perjury, four for selling liquor to Indians, and four for keeping gambling houses. Only one of these indictments was tried at this term, and the accused, Mr. William D. Phillips, being a prominent member of the bar, and there being a good deal of fun in it, I will give a brief history of the trial and the defendant.

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.

Nearly all of the old lawyers of Minnesota were admitted to practice at the first term held at Stillwater, among whom were Morton S. Wilkinson, Henry L. Moss, Edmund Rice, Lorenzo A. Babcock, Alexander Wilkin, Bushrod W. Lott, and many others. Of the whole list, Mr. Moss is the sole survivor.

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