Page:The Green Bag (1889–1914), Volume 04.pdf/449

They met on an island in the Mississippi River, near Helena. Judge Bates, who was the following year to be appointed to the bench of the same court, was second to Judge Selden; and Nimrod Menefee, who was afterwards to die in a personal encoun ter, was second to Judge Scott. It was a strange sight, — two judges of the same court, two sworn conservators of the peace,

standing there, as the sun rose across the broad Mississippi, ten paces apart, grasping in their hands the deadly Derringers. The signal was given, — one, two, three, — and they wheeled and fired. Judge Selden fell, and was carried from the field mor tally wounded. Judge Scott returned to his duties upon the bench. Even in that age the occurrence of a duel between two judges of an appellate court was so extra ordinary that the fame of it spread through out the country, and gave to the new Ter DANIEL ritory an undesirable notoriety. In 1829 Judge Scott, who had left the bench, ran for the State legislature against Gen. Edward Hogan, a retired army officer. They quarrelled, and Hogan knocked the Judge down; but he sprang to his feet, drew a sword from his cane, and plunged it several times into the body of his adversary. Reeling in the agony of death, the General wrested the sword from the Judge's hands and made a terrific lunge at him; but the weapon only passed through his cravat, and the General sank down to die unavenged. Shortly after this the Judge removed to a

point on the Arkansas River, in Pope County, which he called Scotia; and there he lived in retirement, and without further bloodshed, so far as history records, until 1859, when he died. Judge Benjamin Johnson was born in Scott County, Kentucky, Jan. 22, 1784. He was admitted to the bar of the Lex ington Circuit, and in 1821 he was ap pointed by President Monroe to be one of the judges of the Ar kansas Court. This position he held until the Territory became a State in 1836, and then President Jack son appointed him judge of the United States Court for the District of Arkansas, — a place which he filled with honor until his death in 1849. He was a man of good ability, of considerable learning, and sincerely anxious to do right. His opinions fill the greater part of Hemp stead's Reports, and will be found to reflect credit upon him. He RINGO. was a tall, slender man, with a pleasing and intelligent face, and always enjoyed the re spect of the bar. Several anecdotes of him are preserved, — notably a retort which he made to Judge Daniels of the Supreme Court of the United States. After Judge Johnson's appointment to the district bench, Mr. Justice Daniels came out upon the circuit. One day, while a case was being argued, Judge Johnson expressed his opinion; whereupon the Jus tice said with lofty dignity : " Judge John son, the court will first consult, and the Associate Justice of the Supreme Court will