ewy, hard-fisted, and thick-headed Indianian, who could read without spelhiig out any but the longest words, and if you gave him time enough could write his name. His decisions were eminently practical; hence lie was eminently popular. Legal lore was not pached between the coarse convolutions of his brain in such quantity as to wholly defeat the ends of justice. Rascality could not shield itself under cover of law, and a sworn alibi, in the face of undoubted evidence, carried little weight.
It was a great day for Justice Jesse Niles when the representatives of the two largest and wealthiest mining companies of Donkey ville district came into court with troubled determination in their faces. The McFarland company charged the Old Kentuck with trespass in having worked over on their ground. Justice Niles, as he fixed the time of trial, ran his fingers through his thick, tangled hair as best he could, with grave satisfaction. At the appointed hour both parties appeared in court; the jury was empanelled, and at one o'clock all were ready to proceed with the case. The foreman of the McFarland rose, stroked liis beard, and glanced round the room. The honor and dignity of the company had been placed in his hands, and he realized fully the responsibility of the situation. He was determined to leave no eftbrt untried to win for liimself laurels, and for his company their cause. Opening his mouth, in slow jerks he delivered himself:
"If the court please, and the defendant has no objections, I propose we adjourn for five minutes," meanwhile giving his thumb a lateral fling from his shoulder in the direction of the Diana saloon, of which the honorable judge was proprietor. As a matter of course it did please the court, and the defendant was far too polite to object. After their comforting potation, the jury listened to the case, as presented by the plaintiff, with marked attention. Too sympathetic, by far, the defendant thought, for the good of his cause,
Cal, Int. Poc. 41.
