Page:The Green Bag (1889–1914), Volume 15.pdf/579

 530

On one trip of Judge Littlcjohn, he and his brother attorneys arrived at Pentwater River but were unable to cross, owing to a severe wind storm which was in progress. They de termined to go east into what is now the town of Elbridge, Oceana county, where an Indian payment was in progress. At that time it was customary for the Indians upon fche reservation to congregate annually at some spot to receive the bounties that were paid to them by the general government. At these times there would be several thousand congregated for a week or more prior to the time of the actual payment. It was the cus tom as well for traders from Grand Rapids and other places to attend and not an un common thing for some of them to have liquor in bottles as one of the commodities for sale. On this occasion it was suspected that an Indian had stolen a quart of whiskey and left the encampment. Complaint was made to John Bean, Jr., a justice of the peace, by one of these traders, asking for a warrant for this Indian. Justice Bean issued what was probably the shortest and most emphatic criminal warrant ever issued in Michigan. He rook an envelope from his pocket and wrote across it with a pencil, "Bring the damned cuss back," signed it "John Bean, Jr., Justice of the Peace," and delivered it to the constable for execution. At another time, while attempting to fol low an Indian trail from Manistee to Newaygo, Judge Littlejohn and his party were de layed. It became dark before they reached their camping ground, and in consequence they lost their trail and for two days wan dered in the woods. Divorce cases have been common since my knowledge of the practice, but there are not many counties where justices of the peace have jurisdiction. In the early '6o's in Oceana county we had a divorce case brought in justice court in the township of Claybanks. It was actually tried and a de cree of divorce rendered on the ground of

cruelty. The justice not only granted the divorce, but at the same time banished the defendant from the county from that time forward. The decree was put into execution. Judge John M. Rice at one time was prose cuting attorney of Oceana county and a war rant had been issued by Justice Tate of Elbridge, wherein Charles Wabasis was ac cused of crime. The Indian chose me to assist in the defense. The justice was one of those old-time technical magistrates who must have everything done according to common law. When it was time for the suit to proceed, Judge Rice instructed the justice to call the case. The justice adjusted his glasses, stood up, and throwing back his shoulders, said in a loud voice: "The people of the State of Michigan are here by me in person." Judge Rice said: "That is not the way to call the case. Just say, 'The people of the State of Michigan!' and then stop." The justice made another unsuccessful effort, by calling: "The people of the State of Michigan, and then stop." After three or four other unsuccessful at tempts, he finally succeeded in calling the defendant and justice was properly meted out. It not infrequently occurs in justice court, and especially was that true in the early days, that the justice sometimes seems unreason ably smart. There was a case of that kind at one time in my county. It was a question whether there was anything that this justice did not fully understand. He thought there was not, but I felt that there might be certain things concerning which he did not have full knowledge. I concluded to test his ability. I drew a bill of complaint, charging that a party in the township of Ferry was conniving and confederating with another party to com mit adultery; and I asked for an injunction to issue from this justice court, under its great seal, to restrain the defendant in the premises. I presented the bill and obtained