Page:The Green Bag (1889–1914), Volume 15.pdf/578

 The Circuit Rider.

529

THE CIRCUIT RIDER. REMINISCENCES OF JUDGE FRED J. RUSSELL OF MICHIGAN. An Interview by Douglas Malloch. THE first circuit rider with whom I had to deal was my father, who was Cir cuit Judge of the counties of Ionia and Montcalm, and opened the first court of record in Montcalm county. He proceeded from court to court upon foot. I remember that upon one occasion a delegation of distinguished attorneys stopped at my father's residence during the sitting of court. Just before their visit my father had purchased a barrel of whiskey, which had been placed in the cellar. As my father and his guests took their morn ing drink, I heard them discussing the value of whiskey and my father stated that this cost him eighteen cents a gallon. They agreed among themselves that it would be as unfor tunate for a man to (try to live without a barrel of whiskey in the cellar as to try to live without the use of a cow. It was a cus tom of the country then before each meal to take a drink of liquor, but my father never drank to excess. When I began the practice of law, West ern Michigan was an almost unbroken wil derness. There were no roads and the only means by which the different county seats could be reached was by travelling upon the beach of Lake Michigan. Flavins J. LittleJohn of Allegan, was judge of the Ninth Judi cial Circuit, and perhaps had more circuit riding experiences than any man who has ever occupied the circuit bench in Michigan. It was the custom of Judge Littlejohn in those days to visit the different counties on horseback. He was very proud of his equip ment—a pair of saddlebags across his horse, like those of the old-time doctor. These were used to carry his clothing, books, etc. It was quite a common custom for the judge, and the attorneys who accompanied him

from court to court, to have an extra horse to carry what baggage was required on each trip. Provisions for at least one day were taken. Where the various rivers and creeks emptied into Lake Michigan, there was often great difficulty, and in many instances risk of life, in making the ford. Sometimes it was necessary to wait a day or two for an opportunity to cross because of the heavy seas on Lake Michigan. Courts in those days were not able to transact their business as rapidly as at the present time, because of the fact that the attorneys had no opportunity to see their clients; the cases were not in readiness for hearing and they had to be largely prepared after the judge and his cohort of attorneys had arrived at the county seat. Usually their time was unlimited. One of the important qualifications of a circuit judge, or the oldtime practitioner, was that he should be a good story teller; and nothing pleased one better than to entertain the natives night after night where court might be in session. Sometimes the people of an entire county attended upon the trial of a law suit and at such times the question of providing pro visions for the court and the attorneys was an important problem. Those were the days when wild pigeons were so plentiful in Mich igan, and as a rule court and attorneys were provided with twenty-one meals of pigeon a week. On one occasion a party of judges and attorneys, going from one court to an other, paused to enjoy a pigeon hunt. They climbed the sand hills on the bank of Lake Michigan and began killing pigeons with clubs as they flew from the tops of the hills. Judge Littlejohn told me afterward that they killed hundreds of them in this wav.