The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-08

selves after they had put IN their defence upon ps
per, and laid their tsssimn0y befors the Court,
clineo to argue the cause. The Court asksd ne
swered that trey did not; and under the rk.am
stance the Court felt 1t ia duty to take mp IT. a naer
and examine the case as c,rfuly IA il an Argument
in that rescect; but unioubte nv tn rezn
OF tial was, that the opinion Of AZ 6port on the
questions Of law aiso involved n this caus,. had
been progressed, and "a SOM degree, fixed by
Court had examined th(Ae very papers ami
pasesd Judgment 70 lhei< CONSTRUCTION and effect;
and 80 iar the Court niCdt be soDsiderec TO have
been committed when shis case came On for trial.
TO particular view III exposition OF che docnmeR
tary evidence wbsth has been produced here. BIT
circumstances VI that character necessarily
constantly m the transaction Of judicial business
IL occurs In THUS court in the r. trial Of almost every
case which is ordered to y new trial. because thu
Judge must necessarily have previously examined
the matter ri law and rendered his opinion npon it..
IL occurs ADQnently In where Judge has had
the same snLyect under consideration previously, If
not between the same parties The exception 10
respect to Judge does not rest upon the same
footing as It does with respect to jury.
1t must naturally result that propositions If law In
volved IL one case have been considered by the
Judge who hears it, and have been passed upon by
hnl, aud perhaps repeatedly But sic rights OF the
PARTIES are In no way sacrificed compromised by
that They have an opportunity, by exception to
his opinions, and by other methods provided IN the
law, to have his indym reviewed ~ ofsen
40 pronounced and IL kuerc IL 01y
missLierpretation or misa yploation OF the law
by III, decisions, 10 have them N gifted
have 10 doubt, however. TINT the circum stance
alluded IL has augment your iabors IL very great
extent. Not only has the effort been very strenu
Gus 20 asad hearing before he presiding Judge
"a, piioos have been mul ipI-d aud constant
tat u waa cnlt 10 determine whether tab fur real
ufe whstber put To emharra tho progress OF the
cise lrae.edi 81 conducted in ,na. Daaner would
csesary prtisng toe trial and your hh-rs Bat there
was onotser particular which pe,essori'y lei
"a very ptoracted di cusson,. The p'autsT had
iwpu,e fraud ,n t srs,.,.tian 'p S on,a;,ao
of Instrument OF great in ,.rtapc. IN this Ne
y charged fraud up"n % Oh. parties nel in
getting Up that papcr-frsud IN two respec's-drs in
obtaining he ins,runen' and NEXT in changing alter
ing the character ana elect If that instrument after IL
wac esrcnied ann delivered Ia respect 10 tht parssu
lar te usage of Ill cpurts s. VIII imJu ~
fraud mee the party Ohio stands fectet by tina
satcn, - allowed rhe most ample meet Il
ether by direct BY ind rect or oirca,ns tantial
csYinc.--to cosbat IL ny the most close, critical
and ssnohing esan,iratin OF witne-.e- 20 facts
brought torwsrd to support the charge There
fire, 1t was not surprising that single
witness subjected to an examination Of six say. 10
this ease, when, under ordinary instances In o.
bours would base been sic-ht 10 eic every fact with
In his sn.w Adge Ee wa. one OF the most i'm yortant
witnesses RI Ned upon tn establish the charge OF fra ID
and it wa4 the right Of the party, anu inayeae
the vst Of h. CONT, al~a,s accorisi him to prob,
There las undoubtedly boon large consumption OF ii ne
Ia ibis tencn Of The cas@ aud II hls prvtracted
part culaI in which the could properly inter5cre
for your relief Another circumstance has occurrei
l
lude, gep,'rnen but which propose to touch bat
lightly II Gis case had gone To Its conclusion,
o. more poiut.diy In my observations 10 you upon
the very extraordinary couJs, which the nsei
tMr Veonor.) ~ bis coeins address 10 yoi, hns
in tins cause He assumed fer hous more, a-gu
THREE weeks previously by tho Couras to tho admiss
blty 81 particular class of Testimony lie not merely
o 81 ri a,, rSss ,h yGS as "a s
question Of sv but his address carried with spirit
baieatIg the Purpose to aspa'ags the Court in your
Reclamation and deprecnte tie Instructions and chersa-
Hons which the Coar, might DO called upoa ultimately
saim To in relation TO the merits Of .his in
eject 10 hold the Judge before ruling points Of
evidence wi bout color OF authority IN law, and acsg
par'san con- ending in the case, to the disadvantage of
TIE defendants. to inteod this imput
matter oil PERSONAL complaint. There is nothing AL
tie Counsel said which cause, regret, except
The which seemed 10 have in part Afforded c,use
for his singular ADDRESS 10 you that in de.rm,ning
The question he had raised Tor he ration OF
Court tn. Court had INDUCED in som, remsrk Ia wa.
hurtfu, 10 his ellEgs osrsive him aaly
u any thing Of that hind TRANSFERRED certainly reg IT,
and regret it deeply Noticing could have ossn :
from purpose, or feelings than to treat u geo
I ueman win the slightest disco l haze
n'ver oei re ha' to doubt that relations
wards ech her were mutually friendly and espe fa
They certainty were so, so 'nr CONCERNED. No
one has hig or esaist OF the eern,ug experiences,
aud Strooraisry ability OF the counsel and it III
rot Only have boon Altogether graturous ard anoaScd
for. but it would bs,e been Invness for which thu
Court would have acheo ielt had II in'eouonlily
uttered wora that in,sht be justly understood per
sonsiy ospara ing offensive the counsel Il ms
hc~ever that the counsel inferred that Court
teud rebuke 70 bin, because three weeks pre-
yiout he had occupied two days Ia rying par;iruiar
ea proposition II the REMARKS OF thu Court conveyed
hug 81 the character OF reb Ike IL
rartsen in by the Court and sbo Id have been by
The court muco more THAN BY tae counsel himself
waste VI lime permitted That occasion Court
not without fault, for It could have iatorpo Cd IL
authority ard stopped the argument any poin II The
Court listened disc .sion uTnn the mere
question wbeher coetiin Kin or egideose was aduis
st,e, II did so by compassion, but Voluntarily. The
had right TO proceed upon The Understanding
IL IL futi All ID he Ad / cnu
aiiere, The argument Irregular improper | shouil
have ioterposed md suppressed IL without hcsitat.a
II has o.ion devoyed upon mo- 10 exeerienre Of
short duration, to have advocates Of less ahy au
experience than the counsel Possesses raise qso ,p
upon The ain,ssblty OF evidence, and persist wi ne
iinarty Va maintaining their points, AMI have never
hes ated 90 check rol the discussion OF my Ills
cre'ion The counsel himself has csted points b.
fore ne Of much higher magnitude than thii, and [
mover have felt embarrassed In sspressi-g pron sly
olanop opic-tcn to hts, tcunl him before this
raied rerentfu because his opinion was not sdop.
ed upon every proposition he chose 10 advance The
thirty years experience OF the counsel prsctonsr
ri the bar, which he a before yva his Claims
conhdebce probably an preference ~ that of this Cbar
hardly aiiorcs bin 'igh 70 tha. every propo
t'iop o. Law suggested by him inos b. aeciei 70 for
that reason. do not either sit here q IN
trial Of and disposition Of questions Of evder
Thirty years last April toe Authorities of This
State The dsy conferred upon IA
and my harmed associate In this high i,d!e i
APPOINTMENT since which my life has been Ceyoiei
to ndicil ennpoymrnts have prvstisd in tni- curt
more thsp twenty eight years, great portion Of W
Questions Of the admtsbility rejection Of cvdci -
and all those Joints incident to highly gaed cootro
VERSES are constantly submitted the decision of the
Court. 1he position Also afforded ample opportunity
to be aided and instructed by the learning and expert
Of others. recall at the instant Of the
hi hest JUDICIAL and juridjcal distinction II the age
pho have conaucted and discussed the points of
Law attendant uv.n tgatops In thoe Tao bate
President Of the United States, and who hav. Bsd
the higneot Offices II the country NJ homc and .rosd
have spl esred council in those afor,l,
me by tLcir arguments the hcneat Of their great
ing and experience Eow. Livingstone, 1hos. Adds En
met, Josiah Ogden Hoffman, Monroe, hiossen, Jay
thsncslser Joues, Ei.hs Williams, AIM. Van vech.en
ID numerous other lights OF the law born those de
esssed anu yet living With whom be ftiy named the
learned counsel bmse,f mr. Conor) aud his no less
otnnpsushed eotcmpraries haze repeatedly contest
81 IN incse courts Ia which presided, questions OF eli
cehce ana Others ~ deep sprii no Ia the
course OF ahiaL And can say With deep satIsfactou
now hat see my judicial and aaturai NE draw I,
close. that beter on any ooci>ion-,xceot on ia