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,
“Judge Turner! oh, Judge Turner! Judge
Field says you are an old jackass.” A shout
followed, and the Judge seemed puzzled whether or not
he should send an officer after me, or punish his
excitable friend for repeating my language.
I remained in my office the remainder of the day, and many people who were present in court, or heard of what had occurred, called to see me. I immediately wrote out a full statement of everything that happened in the court-room, and had it verified by a number of persons who were eye and ear witnesses of the affair. Towards evening the deputy sheriff met the Judge, who asked him what he had done with me. The deputy answered that I had gone to my office and was still