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

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ner; he has no right 10 lei it be know
that he has any such feelings. His whole
business is with the subject-matter il
hand, the case then before him; and hi
whole aim should be to de- justice in that
| And there is no other way 10 accomplish
this but TO give full and patient hearin!
To the parties through The whole trial. |
is unjust as well as unkind to give pair
and uneasness To those engaged in thu
cause by manifestations of Il desire to has
ten them and to get rid of them. In al
suits, one of the parties must he vanqnish
ed: and if he feels that he has had a t,'l
hearing, without restraint or improper
haste, he is satisfied. Nothing short o
this can or ought to satisfy him. Ii is true
in most trials much more time is consumed
than TO the Judge seems to be necessary
Blu, this is no affair Of his; he has no re.
spnns,biiiy in this part OF the matter. He
must keep out illegal and irreIative mat.
ter; but within the rule of competency
the discretion of counsel is 10 govern as
to amount of matter and length of time.
Counsel often produce more evidence up
on a point, or insist more upon ii in argu-
ment, than the Judge thinks necessary or
advisable, an he often gives such hints to
the counsel; bat upon these matters the
counsel, who have became familiar with
all parts of the cause, can decide much
better than the ulge, who Is new in it,
and if they could not, il is their right and
their duty to decide in spite of the opinion
of the Judge,
SIN thus giving fair scope to counsel,
according to their nst and constitutional
prerogative, it ma, be that business will
not be despatched as tn court might wish,
and other parties who are waiting TO he
heard may desire; bat as to this. also, the
Judge Is not Responsible. Hi, Guty is to
do rightly and W Il VII Al i, done and it
he be obigeIto leave much unCone, for
want of time, he is lnnorrni. Juicr
Gamndtur, cum no ems nbsOlrtur;' uu' ~
Llame can come upon him merely because
he has NOT been able TO 90 III ongh with
The whole docket, and ascertain which par
" IN each case is innocent. IL is the du-
tv of he legislative DIP .rimcnt Of the
government to see To il that the bench is
supplied with Judges suiii lent IN number
+" administer justice without delay as in
the Constitution is provided.
"When judge so far forgets the digni
ty and decorum pertaining Ia his office as
to apply stimnants to counsel to urge
them forward in the business before the
court, pr'iessedIy upon grounds of public
recessitv, we ought not to presume that
other natives really acturte him. But il
behonves Judge, who feels within him
self temptation thus To trespnSs, To search
Ms own heart, lest, peradven ure, some
part OF his m tive be to promote his own
convenience t. finish term and secure
ongar vacation.
SIN the progress Of a trial, the Judge is
ipl to suppose that he discerns which party
mas the right on his side. This is dan
yerous feeling for him to entertain. Sill
ing in the sacred seat Of Justice, and,
'eIng human, there is danger that he viii
use his inpari ,lity, and begin to lean T..
" hi 10 "ilCTG uC IiS dlIEluN us
covered the truth to be. II wing thus pre-
Idged the case, he may he Influenced by
I, unconsciOnSls, 10 rule ont or rule ia |
evidence, or 10 put questions and make |
'ugges ions favorable 10 his view of The |
'ase, and to the great injury Of the other
de which, after all, will most likely turn
'ut 10 lie right. For i: is perfectly certain
IS the aspect OF case is shifting with |
very new piece Of evidence, and almost
With every new piece of evidence, and |
my opinion concerning the merits in the
midst of the hearing would he more likely
q be wrong than right. In most cases il
5 the erroneous view which is the most
bvlou.-the correct one is t. be dug ont
nd brought to light. 1t is truth which re-
ldes in well, and il Is error which gene
ally covers the we'll. Best les, as the OH.
cct Of the whole trial is To discover which
arty has the right, the Judge not only can
ot know, but he ought not to wish to
now, until the end, which has it. 1t is
is safety and the safety of the parties
lal he should studiously keep him sell ig-
GRANT, and so unbiased, as to this vital
ONT, until the close. And yet, from
egIect of these obvious principles, or ra-
Ter from the difficulty of acting in con-
'rmlty to them, especially with some
hnds and peculiar tempcraments. most Of
lie unpleasant passes between Judges and
'uusel arise. Having m de up a hasty
onion as to the right side Of the case, the
dge grows impatient Of the testimony
nd arguments o. tn ,se VIII are wrong;
begins t. interrupt, t. hurry. and bus lie.
nd omPlaln OF great waste of time, and ,
Ianl esl in every po slbe manner his, de- {
re to cut short those who, in his Judy I
! mt, are struggling for what they ought I
O. 10 attain. 1t Is not uncommon to see I