he court, remarked that I was
informed there was a statutory provision applicable to the point, and
begged permission to read it; and commenced turning over the pages
of the act in search of it, when Judge Turner, addressing me and
apparently irritated, said in a petulant manner;--"The court knows
the law--the mind of the court is made up--take your seat, sir." I was
amazed at hearing such language; but in a respectful and quiet manner
stated that I excepted to the decision, and appealed, or would appeal
from the order. The Judge instantly replied, in a loud and boisterous
manner, "Fine that gentleman two hundred dollars." I replied quietly,
"Very well," or "Well, sir." He immediately added, in an angry tone,
"I fine him three hundred dollars, and commit him to the custody of
the sheriff eight hours." I again replied, "Very well." He instantly
exclaimed, in the same violent manner, "I fine him four hundred
dollars and commit him twelve hours." I then said that it was my right
by statute to appeal from any order of his honor, and that it was no
contempt of court to give notice of an exception or an appeal, and
asked the members of the bar present if it could be so regarded. But
the Judge, being very ignorant of the practice of the law, regarded
an exception to his decision as an impeachment of his judgment,
and, therefore, something like a personal affront. And so, upon my
statement, he flew into a perfect rage, and in a loud and boisterous
tone cried out, "I fine him five hundred dollars and commit him
twenty-four hours--forty-eight hours--turn him out of court--subpoena
a posse--subpoena me." I then left the court-room. The attorney in the
case accompanied me, and we were followed by the deputy sheriff.
After going a few steps we met the coroner, to whom the deputy sheriff
transferred me; and the coroner accompanied me to my office, and
after remaining there a few moments left me to myself. On the way an
incident occurred, which probably inflamed Judge Turner against me
more than anything else that could have happened. The attorney, who
was much exasperated at the conduct of the Judge, said to me as we met
the coroner, "Never mind what the Judge does; he is an old fool." I
replied, "Yes, he is an old jackass." This was said in an ordinary
conversational tone; but a man by the name of Captain Powers, with
whom Turner boarded, happened to overhear it, and running to the
court-house, and opening the door, he hallooed out,