El Buscaderos-Cowboy Action Shooting-Feature

In the 1870's, the courts of Idaho Territory were presided over by three judges appointed by the President of the United States. There were four justice courts in Nez Perce County, in which the atmosphere was "less than formal" and resulted in some interesting outcomes.

A justice of the peace in the Palouse district granted a woman a divorce, then married her a few weeks later..

In 1878, Justice Cox of Paradise precinct, the area that is now Moscow, sent his son, Reuben, to make an arrest. Reuben, after capturing his prisoner, returned to the court. The fact that his father was in the middle of a case didn't stop the young law officer.
"Hey, Dad, what am I supposed to do with this here fellow?"

Justice Cox smiled at his son, then said, "Set the man down over there on that bench and ride on home. When you get there, be sure and milk the cow and toss some garbage in the pigpen. While you're at it, you better tell Ma that I won't be home until this man is convicted and locked up."

In the old town of Genesee, the court was run by a justice of the peace who always tried his cases on Saturday so as to have the use of the schoolhouse. His precinct covered an area of a hundred square miles and the justice was supreme. On one of the Saturday court days, the justice had been primed with liquor by the defense until he was "incapacitated", at least according to the opposing attorney. "Look, Judge," the attorney exclaimed, "you're not fit to try this case."

"The hell I ain't," snorted the justice. "I can reach a clean cut decision because I'm a clean cut man ... absolutely a clean cut man, and I'll prove it." Getting down on his knees in the road, he added, "You'll see I'm a clean man." Then scraping away the dust, he concluded his argument. "You see, I'm going to get a clean place to toss up that poison that was passed off as liquor."

This same justice, at the close of a case, once remarked: "Gentlemen of the jury, you have heard both sides of the case. If you go for that stuff that the plaintiff's attorney has spouted, you’ll have to find for the plaintiff. If you enjoyed the story told you by the defendant's attorney, you’ll have to find for the defendant. But, if you're like me and don't believe a damned word that's been said around here, I don't know what in the hell you’ll do."

The territorial courts had one unique method of reaching a verdict. There was the time a county attorney at Genesee was describing a case to a group of friends. He stated: "I've been trying this case all day and I'm pretty sure I'm going to win it. The constable has the jury down in the blacksmith shop right now, arguing my side of the case with them."

In 1883, Patrick Henry Winston, a lawyer who was noted for his oratorical ability, served as registrar of the Lewiston Land Office. There came a time when this lawyer, was appointed by Judge Norman Buck to defend a young man accused of robbing his partner. Winston was unfamiliar with the Idaho law and provisions made for the pay of court appointed attorneys, so he asked the court how much fee he could expect. He was informed that $25.00 was the standard fee if the prisoner pleaded guilty and $50.00 if he stood trial. At the noon recess, Winston commented to the judge:

"Judge, I sure had a time with that client of mine."

"Why so?" asked the judge

"Well that fellow wanted to plead guilty and I had a devil of a time talking him out of it." Then Winston added, "You know judge, I don’t believe in those damned confessions no how."

1871 in the town of Silver City Judge J. R. Lewis was presiding over a trial of a Chinaman charged with murder. An interpreter approached the bench. "Your Honor, the accused wants the court to permit the use of the Chinese oath.." Judge Lewis was confused, "What’s wrong with our way of doing it?" The interpreter explained the Chinaman devoutly believed that if he violates the truth under the oath practiced in China, he would meet up with a terrible punishment. The judge was irritated and began, "Don’t these Celestials know that I am the only one who can…." The interpreter interrupted, "They’re not thinking about the court’s punishment. It seems they are a bit more concerned about what will happen in the other world." "Other world" snorted the judge, "Seems to me they ought to give a little thought to how we treat liars in Idaho Territory instead of worrying ‘bout catching hell in some other world." It was explained that any Chinaman that violates the Chinese oath was doomed to an eternity of beheading. A chopping process that continued forever…throughout eternity. "Of course", the interpreter added, "this process doesn’t begin until after the Chinaman dies and reaches the other world, that Celestial heaven."

Judge Lewis shook his head and said, "Guess it will be all right… might even liven up the proceedings. We’ll give the witnesses both oaths…the one us Idahoans use and the one these Celestials use. That way there won’t be any chance for anyone accusing us of being unfair."

With that, Owyhee County Sheriff, Rube Springer was ordered to provide Hop Wo, the Chinese oath-giver, what he needed. The sheriff returned carrying a live chicken and a large tin plate. The witness took the chicken, cut off its head and let the blood drip into the plate. He then took several squares of red paper and with a brush and ink, wrote in Chinese his oath to tell the truth. The papers were rolled into pallets, soaked in the chicken blood, sprinkled with incense and burned.

"What does all this stuff mean?" asked Judge Lewis. Hop Wo faced the judge, "Chinaman write out he won’t lie. The blood means danger if he do. When paper burns it go to heaven and take oath along. When Chinaman die, if he lie he find oath waiting for him in heaven." The judge asked, "What if these oaths say he lied?" "Then he in trouble. They chop, chop, chop his head off, allee time. Bad time he have. Bad…welly bad business."

"Well", smiled Judge Lewis, "does that make all Chinamen tell the truth?"

"Can’t say Mis’r Judge." Said Hop Wo, "Chinaman he allee samee Melican man. Sometimes he lie like hellee!"

A final note, the Chinese were particularly annoyed with Sheriff Springer when they discovered his dinner that night was chicken.