ingr to liis bench was obliged, in deciding^ the case alone, to exercise the right of desperate necessity — jus in casu necessitatis.
A man in Plumas county, sentenced to be hanged for murder, appealed his case to the supreme court. Sometime afterward the sheriff seeing the case reported in the Sacramento Union as affirmed, hanged the prisoner. In a few days an order came reversing the decision of the court.
Two men fought at Cacheville one day. An impecunious lawyer regarded it speculatively. Stepping up to the victor he said: " Lewis, you can make him sweat for that; he struck you first."
" What do I care; I have sweated him enough already," replied Lewis.
"That's all very well," persisted the lawyer, "but he struck first; he broke the law, and it is your duty as a free American citizen to see the institutions of your country sustained. Give me five dollars and we'll sweat him."
" Well, I don't mind," grinned Lewis, as he handed the pettifogger the money. "Sweat him good, will you?"
" You bet; he will respect you. all men will respect you after this."
A warrant was issued and the beaten man brougj-ht mto court. The same lawyer who instigated the suit approached him confidentially
"See here, Sam; you've got yourself into a devil of a fix. Do you know you can be sent to the state prison for this. But I'm on the other side, Sam, and I can save you. Give me five dollars and you are a free man."
"Cheap enough," said Sam, as he handed over the money and walked out of court.
At the request of the prosecution a nolle prosequi was entered and the case dismissed. The lawyer was met by Lewis shortly after who accosted him.
