Page:California Inter Pocula.djvu/611



"The court's dry; the court's adjourned; let's take a drink!"

Whether or not this might be called a court of original jurisdiction, it was certainly a court of original rulings. The witness who asked to be excused from giving bail for his appearance when required was answered: "Yes, on payment of the customary fee of one ounce." If an attorney wished to make a motion the judge replied, " The motion is granted on payment of the fee, one ounce." Either side could have a case postponed on payment of one ounce ; or if both parties to the suit requested it, then each m ist pay into court an ounce of gold-dust. Sometimes the judge's table would be half covered with gold-dust, and Judge Almond's ounce became a byword. It was by a sort of argmnentum ad ignorantiani that the judge arrived at this decision. Himself ignorant of the facts, if the order asked for by a responsible attorney was not proper his adversary would quickly appear and ask to have it cancelled; and then the ounces ! Never was there a court in California where injunctions could be so easily obtained or so quickly set aside.

It cannot be denied that Judge Almond, between liaste and an eye to the main chance, sometimes strained his opinions to meet emergencies. During the winter of 1849 a Sacramento river boatman at the mouth of Suisun bay picked up a dismantled launch and brought it to San Francisco. There being on board of it eight or ten bales of gijods the boatman claimed salvage, which the owner of the goods deemed exorbitant and refused to pay. The case came up before Judge Almond, who after one of his usual quick and careful hearings awarded the boatman $100 for his trouble ; but learning before judgment was entered that the boatman's counsel fee and court costs amounted to $200, he raised the judgment to that amount. The owner still refusing to pay, the goods were sold, and being damaged brought only $150, whereupon a cart and horse