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 appearance, being evidently more to their taste than the water. Then the question seriously arose whether in a criminal court, where a man was on trial for his life, smoking was proper. Appetite presses a strong argument; precedent was found in the California women who smoked at bull-fights, executions, and funerals, and if ladies indulged in the practice, tobacco could not be out of place anywhere.

The trial proceeded; equity in its broadest forms alone was sought, but still there must be the form. At length the judge rose and began a plea for the prosecution.

"Hold on, Brannan," said Pickett, you are the judge.

"I know it," Brannan replied, "and I am prosecuting attorney too."

Brannan the pleader then addressed Brannan the judge in conjunction with the jury; after which Pickett arose, tossed off a glass of brandy, and made a telling speech, for he was an able man. As soon as it was over, the night being well advanced, the jury scattered, more intent on finding their beds than a verdict. Then the question arose "What shall be done with the prisoner? "Place him in confinement," said the judge. " There is no prison," replied the sheriff. "Put him in irons." "Got none," said the officer of the law. Making a virtue of necessity the judge then called the ayes and noes, whether the prisoner should be admitted to bail. The ayes had it. The prisoner took from the table his rev^olver and bowie-knife, and marched off. Next day the jury were drummed together, held a conference, and disagreed. A new trial was ordered and the prisoner acquitted.

In the spring of 1849 an election was held for municipal officers in the town of Stockton. First and second alcaldes were wanted, and George Belt and James C. L. Wadsworth were elected. After the