is arm, and marched home. There he
took down his new docket, and upon the first page, recorded the case of
the "_People of the State of Illinois_ vs. _John Braxton_" (his enemy).
He then entered up the following judgment: "_The defendant in this case,
this day, fined ten dollars and costs, for_ CONTEMPT OF COURT, _he
having called_ US _a jackass_!" On the opposite page is an entry of
satisfaction, by which it appears that he forthwith issued an execution
upon the judgment, and collected the money!
This pretext of "contempt" was much in vogue, as a means of reaching
offences not expressly provided for by statute; but the justice was
never at a loss for expedients, even in cases entirely without
precedent, as the following anecdote will illustrate:--
A certain justice, in the same state of Illinois, was one day trying,
for an aggravated assault, a man who was too much intoxicated fully to
realize the import of the proceedings or the dignity of the court. He
was continually interrupting witnesses, contradicting their testimony,
and swearing at the justice. It soon became evident that he must be
silenced or the trial adjourned. The justice's patience at length gave
way. He ordered the constable to take the obstreperous culprit to a
creek, which ran near the office, "and duck him until he was sober
enough to be quiet and respect the court!" This operation the constable
alone could not perform, but in due time he brought the defendant back
dripping from the creek and thoroughly sobered, reporting, at the same
time, that he had availed himself of the assistance of two men, Messrs.
B---- and L----, in the execution of his honor's commands. The trial
then went quietly on, the defendant was fined for a breach of the peace,
and ordered to pay _the costs_: one item of which was two dollars to
Messrs. B---- and L---- "for assisting the constable in ducking the
prisoner!" But, as the justice could find no form nor precedent for
hydropathic services, he entered the charge as "_witness fees_," and
required immediate payment! The shivering culprit, glad to escape on any
terms, paid the bill and vanished!
Whatever might have been the prevailing opinion, as to the legality of
such a proceeding, the ridicule attaching to it would effectually have
prevented any remedy--most men being willing to forgive a little
irregularity, for the sake of substantial justice and "a good joke." But
the summary course, adopted by these magistrates,
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