practised in Europe, or among the Indians, but among the
Americans it would be attended with starvation.
After dinner, to kill time, we went to the court-house, and were
fortunate enough to find room in a position where we could see and hear
all that was going on.
The judge was seated upon a chair, the frame of which he was whittling
with such earnestness that he appeared to have quite forgotten where he
was. On each side of him were half a dozen of jurymen, squatted upon
square blocks, which they were also whittling, judge and jurymen having
each a cigar in the mouth, and a flask of liquor, with which now and
then they regaled themselves. The attorney, on his legs, addressing the
jury, was also smoking, as well as the plaintiff, the defendant, and all
the audience. The last were seated, horseback-fashion, upon parallel low
benches, for their accommodation, twenty feet long, all turned towards
the judge, and looking over the shoulders of the one in front of him,
and busily employed in carving at the bench between his thigh and that
of his neighbour. It was a very singular _coup d'oeil,_ and a new-comer
from Europe would have supposed the assembly to have been a
"whittling club."
[Illustration: "The attorney, on his legs, addressing the jury, was also
smoking."]
Having surveyed the company, I then paid attention to the case on trial,
and, as I was just behind the defendant, I soon learned how justice was
executed in Texas, or, at least, in Texan Boston. It appeared that the
defendant was the postmaster and general merchant of the country. Two or
three weeks back, the son of the plaintiff had entered his shop to
purchase his provision of coffee, sugar, and flour, and had given him to
change a good one-hundred-dollar bill of one of the New Orleans banks.
The merchant had returned to him a fifty-dollar note and another of ten.
Two hours afterwards, the young man, having swapped his horse, carriole,
and twenty dollars, for a waggon and two couple of oxen, presented the
fifty-dollar note, which was refused as being counterfeited. The son of
the plaintiff returned to the merchant, and requested him to give him a
good note. The merchant, however, would not: "Why did you take it?" said
he; "I be d----d if I give you any other money for it." Upon which the
young man declared it was shameful swindling, and the merchant, throwing
at him an iron weight of nine pounds, killed him on the spot.
The attorney, who was now plead
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