The North-Carolina standard., 1844-12-18


less been on account Of differences between lne m
Judges and counsel and surely these departure g
from the rule furnished no good ground, loI ~
passage Of This bill He regarded this bill assan
attack upon the Judiciary of the State 4 nc as'
of 1896 was in his opinion Sufficient for al p','.
poses--it projected the Jury and restrained Ihs
Judge; and if any abuses had occurred, eolbse'
I knew their rights and ought to maintain latn,
Forthese and other reasons he could mol sansuoi'
the. bill under considerations III &, 8
Mr. Bovden advocated the bill in a speech OF
fsome length He said if gentlemen would exam, =,
1 inc the act Of 1896 together withhe present Dill
they would see that the latter was merely dcclaia-
tory, and designed to give force and effect TO the
! former This bill, said he, makes no attack upon
! the Judiciary Ifl thought so, should De Inc ~,
last man to vote for It. 1t was cmphatlcaiiy Dill
10 secure the rights of The people against the pas
sions and frailtcs of the Judge. IT, said he: we
could speak to the human intellect in no other
language than that of words, the present bill might
be unnece ssary; but She Judge, by look or enpha-
SIS, might convey to the Jury an opinion as clear
ly as if uttered by the tongue. After arguing the
question and illustrating it at some length, ne SAID
he should vote against The amendment, and then
for the bill.
Mr.. Francis differed with gentlemen who had
preceded him. This bill was to prohibit prac-
licetwhich had grown up under The actcf GOA
practice on the part Of the Judges of discussing
/ the arguments of counsel In tkis way, new
points were after stated by the Judge, and injus-
lice DONE because counsel had no opportunity OF
replying He thong this bill would relieve the
Judges as much as it would protect the rights OF
| Juries and of the people.
| Mr.. Shepard said he was for preserving and
protecting not only the rights of Juries but those
of the Judges. The Jury were to pass on the
facts-the Judge upon the law. He wns placed
upon the bench to declare for the sovereign what
the law is; and when the counsel presents his
ideas of the law and his statements Of the facts as
had been the practice he ought TO-; be satisfied.
Then the voice of the Judge ought to be heard in
the Emost authoritative manner. Those Judges
who had refused TO counsel the right 10 argue
both law and fact, had violated the law, and ought
to be impeac he'd for it. Ii was the pride of this
State that we had quiekness and purity in the ad-
ministration of the law and he hoped this would
always he so. He had the most unlimited con-
idcnce in our present system, and did not wish 10
see it changed. LIT we'll enough alone. An
able Judge he said, would patiently listen to all
the arguments of counsel. both to lawl and
tofacts and none but weak Jud ecs-lhose whose
sense Of dignity and ability oppressed them-would
arrest and chain down lawyer in his argument.
The Senate was again addrt ssed by Mcssrs.
Waddell and Biggs, and some remarks were made
bv Mr.. Woodfn, when
Mr. El1rards rose and said he had no scla:mers
to make as 10 The Judiciary Of the State. His past
public lii. would answer for him that he respect
cd the Judiciary as much rs any man; but he de-
sired TO see it confined to its proper sphere. The
only question was VIII, ther th" Judiciary were to
be permitted TO invade jury Trials2 He thought
this bill would prevent them from doing this
guard against encroachmcnts from hat quarter and
ihus throw an additional shi, Id before Jurcs and
the people.
The question was then taken upon the amend
mcnt Offered by Mr. Shepard and said amendment
was adopted BY vote of 2S to lS. The bill was
then laid on the table, on motion of Mr.. Wald,I
by vote cf2 to l9-Mr. Holmes demanding the
yeas and nays.
The Senate then adjourned.
HOUSE OF COMMONS.
MIR. T. Wilson, from the committee on claims,
reported unnv vorably on the Resolution in favor Of
John Sinclair, and said Resolution was rejected
upon its second reading
Leave of absence was granted to Mr.. J. Barnes
from and after this day until MONDAY next,
The Speaker laid before the House q comnu-
nication from Duncan Cameron. Esq, President
Of the Bank of tho State Of ~ c., transmitting a
tabular statement of the condition ofthe Bank, as
10 its Liabilities and means from the year 1884 to
1914 inclusive; which was motion of Mr.
MlIls sent 10 the Senate with 4 proposition to
print.
i, MIR. Reid called up the bill for the establishment
of the county of Graham. when after some debate
in which Mcssrs. Kirk, Reid, Brogden Guthrie
and L. Robinson participated, the bill was, or
motion Of Mr.. Haughton, laid on the table ill
the 4lh of March next, by vote of 50 to So
The bill 10 establish Public Road in the coun-
ty of Buncombe, and to appropriate one thousand
dollars therefor, was read the third time The
Spea ker stated the question 10 be upon the passage
Of the said bill its third reading. Mr.. Wilder
demanded the yeas and nays. Messrs Fagg and
Mills advocated its passage. The question being
put, there was tie and the Speaker voting in
the affirmative, the bill passed-ayes 49 nays 4s-
and was ordered to be rngrosscd.
The bill TO authorize Samuel Chunn to estab-
lish Toll Bridge over French Broad, in the
county of Buncombe, (amcnded) the bill con-
corning final process in action of Detnue; the bill
rehting to the public road which is the dividing
line between The counties of fLincoln and Cleavc-
lnnd the bill on forms Of criminal pleading; The
bill to incorporate the town Of Monroe, in Nc
Dowell county; the resolutions in favor Of James
G.. Turrcntine and William DiIs. and the resolu-
tion relating to Smithville in Brunswick county;
were each read the thrdtime passed. and ordered
to be cngrossed. The resolution in favor OF Isaac
White, was also read the third time, passed, and
.ordercd to be cngrossed but, on motion Of MIR. r.
L. Paine, the vote was reconsidered and The same
ordered 10 lay on the table.
: The House then adjourned.
"