JUDGE MACFARLANE SCRIPT
(Tour guide will write name of patron on pad of Judges desk and then acts as Bailiff. Judge enters when he/she says "All arise")
Ladies and Gentlemen, welcome to the Washington County Courthouse. We are very proud of this building. It was built in 1865 by the same craftsmen who built our famed Tabernacle. Judge James D. McCullough determined that our municipal and county governments should be properly housed. He proposed a bond election to raise the funds to build this building. People were barely surviving and were struggling to build the Tabernacle, schools and homes. Nonetheless, they responded positively and supported an increase in the mill levy to finance this fine building.
You may have noticed water running in the gutters. Strangers to our city can hardly comprehend why we waste water in this desert by letting it run away in the ditches. Rest assured — it is not running away. It is merely on the way to someone’s garden. The water runs to one garden where the family can divert it on to their lot for 4 hours every 5 days. Then the neighbor has a turn for the next 4 hours, and so on day and night. We arrange the turns to rotate so someone doesn’t always get his turn in the middle of the night. The watermaster regulates this.
Speaking of the watermaster, we have a case before this court today dealing with water usage.
(Name of one of the visitors) Please come forward and be seated. You, (name) , have been charged with stealing water from your neighbor. I will first explain the charge and then you may plead your case.
Watermaster Cannon has sent me documentation that indicates you have been observed taking water out of your turn. He states that Mr. Hardy, your neighbor across the street, has on several occasions observed you slipping a rock under the headgate at your next door neighbors so that water was slipping through and coming to your property. He finally reported this to the watermaster who also watched and observed you doing the same thing. Therefore, these charges have been brought against you. You realize that stealing water in this desert area is one of the most serious crimes one can commit and it is not dealt with lightly. You are now acquainted with the charges and you have the right to request a jury trial of your peers. I remind you that these peers are also water users and might not be anxious to have the water turn system abused — but you can choose between a jury decision or a judge’s decision and we will respect either choice.
(If the accused challenges the method of the procedure then the Judge may respond: I remind you that this is the year 1880 and this is a probate court — Justice of the Peace to you. We do not indulge in many formalities. We are just citizens acting as part-time judges. I spend most of my time making a living as a surveyor and some as a pharmacist. So we just get the job done so we can all get back to our work.)
(If the accused calls for a jury trial, the judge drafts four people in the group and has the bailiff place them in the jury box. Then the Judge says to the accused: You have heard the facts of the case. The defendant is accused by the watermaster of repeatedly taking water out of turn. I remind you, you are not required to speak but if you wish to say something in your defense you may do so. The accused is allowed to respond.
The Judge asks: Do you plead guilty or not guilty? Perhaps before you answer I can help you make a decision. If you plead guilty and throw yourself upon the mercy of the court, I think I can safely say your sentence will not be too severe. However, if you plead not guilty but are in fact found guilty you should know that there are several jail cells in the basement of this building which are available and there is also a gallows in the tower of this building — which we fortunately have never used — but could be put to use at any time.
Now, how do you plead?
(If the accused admits his guilt then the judge sentences him to have his next four water turns in the heat of mid-day)
(If the jury finds the defendant guilty, the punishment is the same. If the jury finds the defendant not guilty, then the judge releases the accused but suggests it would be unwise to be charged with the same crime and appear in his court again. Judge thanks the jury and tells everyone:)
I hope you have all learned more about water and cooperation and that you will all use prudence in the use of water here.
Court is now adjourned.