In the matter of a change of venue in a certian case which came before the district judge of the sixteenth judicial district in 1852, the defendant's attorney wished it to be sent to El Dorado county, while the district attorney chose Amador, Preferring the lawyers should settle it, and knowing that both prided themselves on their skill at cribbage, the judge suggested that they should retire to an adjoining room, and peg twice round the board. The lawyers agreed. After an absence of some twenty minutes they returned.
"Well, gentlemen," said the judge "have you agreed to what court your case shall be sent?"
"May it please your honor," replied the defendant's attorney, "you may send it to El Dorado."
"By how much? " asked the judge.
"Two points," was the reply.
In the minds of men accustomed to see punishment follow quickly their deliberations, there was no little difficulty experienced in segregating wholly practical results from theoretical forms. In the alcalde's court at San Diego, in 1849, a negro was tried for killing an Indian, before a jury composed principally of Americans. They found the prisoner guilty of manslaughter. Aware that their duties terminated at this point, and knowing that they had not the power according to law to pronounce punishment, yet, as there was no other tribunal at hand to sentence the offender, they appended to their verdict the penalty of one hundred lashes and one year's work with ball and chain.
The miners of the Stanislaus, not wishing to be behind other localities in assuming the forms of civilization, elected one of their number, their best man, justice of the peace. It happened soon after the establishment of this tribunal that a travelling attorney, carrying about more bluster and bowie-knives than
