Independent Democrat. [volume] (Canton, Miss.) 1842-1844, 1842-11-19

IOI lllC I lli VI AlISIl lAilll anu pb'ISbNIs
at HIS h opened sometimes tn It iudg
becomes so strong " impressed with tn
belief tn Il pnrlicul r sid Of the cause i
right and ought 10 prevail, that he canno
restr lin his actions nor cOn"eal his bias. =
If he hears the counsel upon tn sid
which he his decided in his own mind t,
be wrong, pressing his arguments to tn
fu:y with an earnes ness and success which
seem likely TO carry them in the wrong di
rection, he interrupts the speaker ant
throws in some co ;ntervailing suggestion
to take off The edge of the reasoning o
the advocate. Such conduct can hardl,
be reconciled with honesty in the Judge;
still cases have occurred where it has arr
sen from mere mad ertence on his part
his feelings getting the start of his sense o
proprety and duty.
There is another fault akin to the one
just spoken Of incident to the bench. The
Judge assumes to nterrogale witness,
either breaking in upon The examination
by unset for that purpose, or putting his
questions after the one or the other party
has ceased to examine the witness. In so
doing, he proceeds upon an erroneous no
ton of the duties of his office He su DO
sed Ell her that it i his duty t, aid the par
ties in bringing their evidence before the
jury, or tn t it is his duty as Judge to know
all that In be known in the case before
HIM. In both these suppositions he is mis-
taken as far as civil suits are conce ned.
He not on y is not bound, but he has no
right to ASSIST either party in any p leu.
lar. Ia slsting one, he obstructs an in
lures the other, aud 50 does Injustice. And
as to his obHg ton to know all the facts
which may ex st in a case when the rial is
by jur he is subject to no such duty, and
h no. uch right 1t is hi, duy to take
the case, or rather let the jury axe it, as the
parties by their counsel choose 10 presen
i, # all ,Ar facts are not Sfted from the
Witnesses, he mast not nterterr. This
part Of the business OF trIals eiongs to the
b r, and with III NJ the bench my feIy
leave il; they are bound to leave it Their,
what yer may be their f elngs on the sub
Je I. The court, strictly speaking, have as
much right 10 Il Witnesses lor party as
to draw ut facts, or aid in drawing out
t cts from those &C ualy called. The
judge has right to understand what is
testified or stated in cause, and for this
pu pose, il h. has not d stlnctly he rd or
C mp, hend'd what rs passed, he NAV
ask to have it RIPE ted; but for this he
should, IN strict proprcty, address hi nseIf
to tn" counsel tina they may procure the
repitltlon or re-statem mt tor his benefit
In a trial by jury the street and plain duty
If the Judge is most obviously t. take the
cause as it comes along, ruling all m tiers
OF law as they ari,e, keeping ,ull minutes
Of all that is $ i'd and done, and neither to
ask nor desl e more than what is presented
to him. What thus comes out by the ef-
forts o. the parties, constut eS the case and
The whole case.
In the argument of cases before the
co rt, IN tn absen e of 4 jury, there is sci.
dom occasion to regret unple SAINT occur
r noes between the rench and the bar. Il
5 m times, however, even there. impa.
tlence is manifested Occasion lily also,
a Judge INDUCING an unwise ambition in
Ierrhpts the arg Ing counsel with ques
IONS, and asks ii solution OF difficulties in |
The case, by way Of showing that he has
already plunged deeper in thn mysteries
IT the matter than counsel who have de-
voted themselves to its examination per-
haps for Years. This is sorry way Of
displaying superior discernment. The |
rue way, the only way tor Judges to dis
;harge their dn'y in such hearing is, ill.,
stead OF lnterrupting counsel, or turning
over the pages of the docket, or the pa
bars IN the next cases, in their impatience
Ir ilStles>nesS, to take careful minutes of
he arguments urged by counsel, and of
he cases cited by them that they may not
shoot so wide OF the mark as they me
lines d. in speaking of what passed at
he hearing. 1t is only proper respect
owarIs counsel to do this, but it is, in
'eaIIty, desirable that the court in Gelibe-
'atlng upon the case, should be possessed
If the points relied upon by counsel, whe-
her the same were tenabIe or otherwise.
I has been sand that the Supreme Court
II the United States affords the most per-
ect example of decorum and proprIety in
he hearing of causes. There no inter-
uplions, n impatience, no fatigue or in
ltenllon on The part OF the court, annoy
he ccunseI. They are permitted TO state
heir points and maintain them in their
wn way. In the history of that court,
My one instance has heard OF in which {
hey have devialed from their usual unit 5
my indulgence. In that case, after 4
a 'st learned and eluqIen' advocate, now ;
eparIed, had spent three days in opening d
n argument, rowing through creation, I
rom the fall of Adam TO that OF Niagara, |
OF having yet disposed OF first principles, !
he late chief Justice If thai ca ri veniur.d Il