river was dammed and a saw-mill erected by its side. The mill and dam together formed a foot-bridge across the stream. Hard by the mill a log cabin had been built, in which a family lived and a store was kept. The merchant and the miller were not on friendly terms, and so the miller forbade the merchant the privilege of passing through the mill or across the dam. The merchant heeded not the notice, but went to cross the river in the accustomed route, The miller kept a rifle by him with which to prevent intrusion. If miller and merchant had their names reversed, the latter might have used the well known couplet of Shakespeare:

"Lay on, McDuff, And damned be he who first cries hold-enough. But as it was, it were better to say, "Layon to McDuff." Well the miller drew the rifle, aimed at the merchant, and blazed away, the ball burying itself in the post to the saw frame. The merchant applied to the youthful attorney. An information, charging the miller with the crime of assault with intent to commit murder was filed, a warrant was issued, and the defendant was arrested and brought before the magistrate. He asked time to send to a neighboring county for a lawyer, which was granted, the lawyer came. The examination proceeded with the circumstances given in evidence, and the prosecution closed. The attorney for the defence moved to discharge the prisoner because the prosecution had failed to make a prima facie case. He introduced an authority to the effect that in order to convict of the crime, it was necessary to prove that the gun with which the assault was made, was loaded with powder and ball. He admitted the powder part had been proven, but argued that there was no proof whatever that the gun contained a ball. The young attorney protested that the fact that the mill post had been hit and penetrated by some hard substance, was proof positive that the gun was loaded with a deadly missile, and that this was sufficient, but all in vain. The Justice ruled that the law said it must be proven by the prosecution that the gun was loaded with powder and ball, and it might have been a slug that penetrated the post. Would you know where these events occurred? It was not "Sweet Auburn, loveliest village of the plain," of which Goldsmith speaks in his peerless poem, "The Deserted Village." would you know the lawyer who made the successful defense? It was a noble defence of injured innocence, and on my part an ignoble defeat."

"You have heard of the young man who, in writing to his father, told him to come out west-for very mean men get office here." This may be true, for I have held office several times myself. Men are frequently elevated to positions of trust who are illy qualified to perform the duties required of them. An instance in point I will relate though it smacks very strongly of profanity. A man was on trial before a Justice of the Peace, charged with

killing a neighbor's dog. The defendant was called as a witness, and the Justice said, "hold up your right hand." "You do solemnly swear"-he could get no further. He "scratched his pate and felt for brains." Again he said, "You do solemnly swear." Again he paused; the oath had escaped his memory. Despair was deficted in every lineament of his countenance. Large drops of perspiration stood upon his brow. At length an idea struck him; his countenance beamed with intelligence, and with the gravity becoming the solemnity of an oath, he said, "You do solemnly swear by the upturned hand of Almighty God that you did not kill the dog, and if you did, you hoped to be damned." "The oath excited so much merriment that good feelings was engendered and the case settled, but the dog killing settler refers to the oath as the only lie he ever swore to."

"In the trial of a case before a justice a motion arose on the admissibility of testimony, and the attorney cited an authority from Greenleaf on Evidence. The Justice assumed a very dignified attitude, looked very wise and said: 'Mebby you think I don't know the law, but I guess I do. I know as much as Greenleaf did. The only difference between me and him is that he wrote a book and I didn't.'"

"Even in the higher courts, things of amusing interest occur. In a district court a case was on trial on the last day of the term, and there was to be a dancing party in the evening. The Judge had a decided penchant for tripping the "light fantastic toe," and was extremely anxious to conclude the case in time for the dance. The day and part of the evening was occupied in the examination of witnesses. When the testimony was closed the plaintiff's attorney arose and said: 'If the Court please-' The Court don't please,' the Judge responded. 'Gentlemen of the jury; your verdict will be: We, the jury find for plaintiff dollars; or, we, the jury find for defendant. Mr. Sheriff, adjourn Court and let us join the dance;' and they danced."

"A case was pending in which the lawyer had several times been demurred out of Court, and the party, in presence of his attorney, appealed to the Judge to tell him what to do to insure a trial of the case on its merits. 'Employ a lawyer,' the Judge replied. A short time after, a witness was being examined in the trial of a case, and the Judge, as he occasionally did, left his seat and mingled in the crowd of lookers-on. A large dog seated himself in the judicial chair. One of the attorneys arose and said: 'May it please the court,- The crowd roared; the discomfitted attorney said; 'Go on, Mr. Attorney, there is more ability on the bench now than there was a moment ago.' The Judge might have fined him for contempt of court, but he did not. He was willing to cry quits."

Occasionally a marriage ceremony is twice performed. couple had plighted their vows, and all that was lacking to make

their happiness complete was a marriage license and the ceremony. The would-be-groom procured the license from the Clerk of the County of his residence and took the waiting bride to the residence of a minister in an adjoining county, who glanced at the license, saw that it contained their names, and performed the ceremony. After they had gone, he took the license to make out the certificate, and found that it was issued from his neighboring county. He thought he had exceeded his authority, ordered his horse and followed the couple home. They had retired for the night when he arrived, but he routed them out of bed and performed the ceremony again, this time of course in the county in which the license was issued. He was bound to perform his dutyIt were well if all who perform marriage ceremonies were equally particular. I know a county in, the west in which fourteen licenses were issued in 1881; to which no certificates have been returned. Whether it is owing to broken engagements or neglect of duty can not be ascertained from records.

Our gleanings from Judge Burdick's lecture are fittingly closed with the following poem from his pen:

"Sweeter than the poet's singing

Is the anthem of the free,
Blither is the anvil's ringing
Than the song of bird or bee.

"There's a glory in the rattle

Of the wheels 'mid factory's gloom,
Richer than are snatched from battle
Are the trophies of the loom.

"See the skillful builder raising,
Gracefully yon towering pile.
Round the forge and furnace blazing,
Stand the noble sons of toil.

"They are heroes of the people,

Who the weal of nations raise;

Every dome and every steeple

Rear their heads in Labor's praise."

As a companion anecdote to those of Judge Burdick, we add one from Sparks' history:

"At the time that the military company commanded by Captain Parker was stationed at Fort Atkinson, an incident occurred which verifies the old maxim that 'two of a trade can never agree." The Orderly of the company was a young lawyer hailing from Connecticut, who had been a prominent man in the political arena. The Second Sergeant was also a young lawyer, who hailed from Vermont. On a certain occasion a dispute sprang up between them; words were plenty, as is usual with lawyers, when Vermont says to Connecticut, If you did not rank me, I would thrash you like h-l.' To which Connecticut replied, 'I waive my rank.' They adjourned from the parade ground and stripped

for the contest. The number of rounds fought deponent saith not, but as the story goes 'Vermont' came off victor. 'Vermont' afterwards located at Garnavillo and practiced law. While here he was arrested for horse stealing, and very suddenly disappeared. He is to-day a prominent lawyer of Plattsburg, N. Y. The young lawyer whom I have designated 'Connecticut,' became a distinguished jurist in this district, and now occupies a prominent position as an influential citizen of this State. He believes, with all his strength and might, in narrow-gauge railroads, but is a broad guage man."

And as a companion story of unique weddings, we give the following from the aforementioned contributor to the Journal of the sketches of pioneer life:

"It is related as a fact that in early days a hardy backwoodsman was elected Justice of the Peace. He was accredited to know more of hunting, fishing and trapping than of the law, but being deemed honest, and in the lack of better material was elected to the office. His statute-book had not yet arrived, when an anxious couple visited his house for the purpose of being married. In vain he plead ignorance of any knowledge of the marriage ceremony. They would not take 'no' for an answer. 'Well, then, I will do the best I can,' said the officer, and the couple stood up before him. There the wits of the backwoodsman forsook him, and he tried in vain to recall some words that he had heard on like occasions. At last in sheer desperation he blurted out: "Take her by God. She's yoursshe's yours for life, and I am Justice of the Peace." He had managed to bring in the name of the Deity in the only way with which he was at all familiar. The marriage was considered legal."

JUMPING CLAIMS.

Much of the land was settled before it was properly surveyed, or came into market. And even when regularly entered, it sometimes happened that when a survey was made, two men would be found to have made improvements on the same land, their claims having overlapped. This often gave rise to bitter feuds, and occasionally tragedies. Sometimes a man would come into the county poor, pre-empt a piece of land, and make some improvements, intending to buy the land of the government before the time of pre-emption expired. There were unprincipled men who would not hesitate to deposit money at the land office against these claims, and if the settler failed to be on hand at the time. the pre-emption expired, the land with all its improvements would pass into his hands and he could demand any price he chose from the settler, and the law gave the latter no redress. This was called jumping a claim. So much injustice was done that this jumping of claims was considered a heinous crime, and the pioneers

banded themselves together, and resorted to mob violence to protect themselves, homes, and families; so that the jumping of claims came to be dangerous and liable to cause the offender to be brought before "Judge Lynch," when justice was often summary and severe. Judge Burdick thus describes a case of this kind:

"A trivial difficulty arises between two settlers which results in a law suit. The one is well-to-do and has the title to his landthe other is poor and holds his land by the uncertain tenure of a claim. The one, smarting under supposed grievances, enters the other's house and takes the home from under him. This is an indignity the sturdy settlers will not brook. They call a meeting, wait upon the refractory settler and ask his attendance. He responds and agrees to submit matters in controversy to three disinterested men. A trial is had and the land is awarded to the claimant. They give the aggressor a week in which to execute the deed. Before the week expires, his antagonist is called away, and with two or three friends he forçiby enters the house and turns the family out of doors in a fearful winter storm. The news is carried on the wings of the wind. There is a spontaneous gathering of the people together. Three hundred strong, they repair to his house and bear him away. The land is demanded but he declines to comply. They treat him to the luxury of riding on a rail, and again ask a deed of the land. Again refused, it is suggested that perhaps he would like to fly away. The hint suffices. Tar and feathers are produced and in the usual manner applied. Unyielding still, some one remarks that he is transformed into a goose, and that gozlings swim before they fly. The rail is again produced and he is borne to an adjacent pond. They demand the land again, but his iron will remains unshaken. They cut a hole in the ice and quietly introduce him to the cooling element. The goose is allowed to swim. He still defies them. An Irishman remarks, 'did ye's ever see a goose swim so long widout divin'?' And suiting the action to the word, he commences 'divin" him in true goose style. Twice he is submerged and then asked to comply. 'I'll die before I'll yield,' is his reply. Then die you shall,' is the response, and he is plunged beneath the wave and held there longer than before. He kicks and flounders and is taken. out. He catches his breath and with accents broken and subdued he says, 'I will, I will give it up.' It was well he yielded, else he there had found a wintry grave. The purchase money was raised and paid by the settlers, the deed was executed and the poor man's home was secured to him."

CONSIDERABLY CROWDED.

We read and hear much of the crowded tenement houses in the large cities, but even in this a genuine pioneer's dwelling can sometimes discount them-but with the redeeming feature that there is plenty of fresh air and out door room. Here is a case