on.

This court-house fell within the first judicial district of the
Territory of Minnesota, under the division made by Governor Ramsey, and
the first court under his proclamation was held within its walls,
beginning the second Monday of August, 1849. It was presided over by
Chief Justice Goodrich, assisted by Judge Cooper, the term lasting one
week. There were thirty-five cases on the calendar. The grand jury
returned thirty indictments, one for assault with intent to maim, one
for perjury, four for selling liquor to Indians, and four for keeping
gambling houses. Only one of these indictments was tried at this term,
and the accused, Mr. William D. Phillips, being a prominent member of
the bar, and there being a good deal of fun in it, I will give a brief
history of the trial and the defendant.

Mr. Phillips was a native of Maryland, and came to St. Paul in 1848. He
was the first district attorney of the county of Ramsey. He became quite
prominent as a lawyer and politician, and tradition has handed down many
interesting anecdotes concerning him. The indictment charged him with
assault with intent to maim. In an altercation with a man, he had drawn
a pistol on him, and his defense was that the pistol was not loaded.
The witness for the prosecution swore that it was, and added that he
could see the load. The prisoner, as the law then was, was not allowed
to testify in his own behalf. He was convicted and fined $25. He was
very indignant at the result, and explained the assertion of the
witness, that he could see the load, in this way. He said he had been
electioneering for Mr. Henry M. Rice, and from the uncertainty of
getting his meals in such an unsettled country, he carried crackers and
cheese in the same pocket with his pistol, a crumb of which had gotten
into the pistol, and the fellow was so scared when he looked at it, that
he thought it was loaded to the muzzle.

Another anecdote which is related of him shows that he fully understood
the fundamental principle which underlies success in the practice of
law--that of always charging for services performed. Mr. Henry M. Rice
had presented him with a lot in St. Paul, upon which to build an office,
and when he presented his next bill to Mr. Rice there was in it a charge
of four dollars for drawing the deed.

The territorial courts as originally constituted, being composed of only
three judges, the trial terms were held by single judges, and the
supreme court by all