Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1842-12-03

tsa WI stAlsJ III u Gall5rt ana TOR Uiis FurptEr
I he has net diatinttly heard or e6frpfshsnde
what has pissed. he lHhy ask to llaye It 70
tteHfsd but for ttIs he sti6ults In strict pro
pretty. address himself tn he Asounsel tia
ihgY mas procure the fepetitloi Or ~fe1sth's
mem for bus benefit. in d trial BY jury The
strict and plain du 7 file Judge il most obyi.
eusIy to take the case IA IL ttanes ainny, RI
Ing al matters Of Law as they ariHe, keeping
full minutes ef all that IL said and done, hng
neither IL ask npf desire more than wbat il
presented 10 him, What thus com e. out tp
tile of ifts of TIN p9rties, constitutes the case
and tho whole case.
In the argument If eaps# irfpre The court,
10 the absence ol q Jury, there IL seldom &C.
eHsian 10 regret utiplaHshnt occurrences be-
tween Tho b6aeb and the bar. Sometimes,
iniwfsysf. even there, impatifnes 10 manifested
Occasionally. HIst, d Judge INDUCING ST. I'M
wlEn ambition interrupts tho arguing counsel
with questions. atd asks a solution If diff.
tbItiss IL the case, BY way II Show tug that he
has alrsady plunged deeper into tlte mysteries
nj the matter than counsel v ho have devoted
themselves IL lie examination perhaps for
way Of displaying Superior d~tseefnnent. The
true wht. tie bniy way yrs THIS ia
9 sorry for Judges to daeb fns their
duty IN such h hearing -, instead Of IN.
tefrupltng counsel. or turning over tho pa
Ees OF The dntkt', o. The papefs4in the next
cases. III Their Impotence dr listlessnesF, te
take caretuI minutes Of the arguments urged
by counsel, and Of Tho casas cited by tiHm
that they may not shoot 50 wide o.. lls mhfk
rs they aniutt mes do ID aprakinr Of What pls-
sod at the hearing, II is not only d proper
fHFpnet towards counsel 10 do this, bat il il,
u reality. desirab q TINT The court IN dellbert-
{ NJ upon the case, should he possessed Of Il o
points tsited upon by counsel, whether The
same were teua1|n or otherwise. II hrs
been aaid TINT HE Supreme Court of The vi
Tod States affDrds The most perfect exanIp . If
dseortn and pfoprlety Ia The hearing vi esD-
Hes. There no interriFtlstis, no Impotence,
no fatigue or inat'entloi On the part Of the
colrl. annoy The counsel They afe permit.
tod 10 state their points and maintain them
IN thor own way, III lis history bf that
court, only ons instance has been heard Of IN
WHICH they have Lrvlaied from their usHal tfi-
firing indulgence. In that case, after Il nost
learned and eloquent ady6fatct pow depart
Oh, bad spsnt tlfes days In opening in argu.
hen'. reVing through all creation, from the
fall Of Adam IN that Of Niagara, mol having
yet disposed Of first principles, the late chief
justice Of that court y%entured to say TO him Oh
The morning Of tho fourth day, after apology.
zing for making The suggestion. +" there are
some things which the court may bo presua
med 10 know"
In tho demeanor Of the judges iowatJs the
lneHlbefs Of the bar, NJ 10 mere manners afid
mode Of address, there IS moi much which ls
objectionable IN our highest courts. Therb
ia mt ~, h, hfirH. iH.f Eibj1tfbl aittliig Nah
amentiy which are observable IN the English
courts but some part 1T Ibis diiersnce.l il ow-
ipg To he effect Of our republican, Institutions
upon the general m,nnerH Of society. II Is
also true, occasionally, thatsa Judge, fatigued
with otIicta d labors. or Influenced by an uhhap-
ny pbvaical or nervous Temporal ieht, atc0st
a member Of The bar in i rude, eoarss, Ct
manner, more particularly dusettnly
1s canning from 40 high a fnnetipnary, aud
sometimes, IN The hurry Of business, when
many arc pressing 10 be- heard, the judge can
not spare time 70 be civil hut these things,
are moi Of very frequent occurrence.
"Sp many are The ways in which judges
can interfere ~ the progress If q irja| before
a jury. and give a direction 10 II for or againpt
b parry, and sn dangerous is such 2 pow er in
,dtlan hands. tFal many have suggested the
expectancy Of changing, 10 Htfne ektent, our
mode Of managing . irisl ny jury in our Now
cotrts. Indeed, already 10 softe Of
he Western and Southern States q radical
'bango has been introduced. Their ropubIi.
IAN isajeusy OF official influence and Interior
,nce long ago decided that judges tliuttid
ave nothing 10 do with the facts Of d cause.
Instead Of permitting them, as with us and in
England, to cbafge The jury by a recapltr'la-
ion Of the evidence and facts in those States
he Judge IL forbidden 10 speak to the jury
ipon the facts in any way whatever, aud he 10
lot permitted to state the law to them, except
Ipon those points upon which cotnsel have
'equested him 50 to do. in order 10 raise The
for declsjoffby The Whole bench. Whstli-
not this Ia an Improvement IN the mode
# trying causes before u jury; We have not
zero space aud time 10 consider: Ws 5nay
resume tho discussion Of the subject
IN c,nncxion with other topics
ouching judicial proceedings |