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The Forty-Niners - A Chronicle of the California Trail and El Dorado by Stewart Edward White
page 33 of 181 (18%)
tobacco, and whittling a stick. During a trial one of the counsel
referred to his opponent as an "oscillating Tarquín." The judge roared
out "A what?"

"An oscillating Tarquín, your honor."

The judge's chair came down with a thump.

"If this honorable court knows herself, and she thinks she do, that
remark is an insult to this honorable court, and you are fined two
ounces."

Expostulation was cut short.

"Silence, sir! This honorable court won't tolerate cussings and she
never goes back on her decisions!"

And she didn't!

Nevertheless a sort of rough justice was generally accomplished. These
men felt a responsibility. In addition they possessed a grim commonsense
earned by actual experience.

There is an instance of a priest from Santa Clara, sued before the
_alcalde_ of San José for a breach of contract. His plea was that as a
churchman he was not amenable to civil law. The American decided that,
while he could not tell what peculiar privileges a clergyman enjoyed as
a priest, it was quite evident that when he departed from his religious
calling and entered into a secular bargain with a citizen he placed
himself on the same footing as the citizen, and should be required like
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