Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-10-28

ty should be guilty of the injustice of turning
him out.
1t has been said in the Transcript, that
"Mr. Smith was to have had, and should
in fairness have had. the office four years
ago. and that this is well known to all the
Courts and the members of the bar This
is so far from being true, that Mr.. Smith was,
himself one of large number OF petitioners
for Mr.. Mason's appointment, and it was on.
ly just before the appointment was made,
that petition was presented in behalf Of Mr.
Smith, which only two or three of the mem
bers of the bar signed.
Some Jealous friends of Mr.. Smith, have
asserted that there has been want of fidelity
on Mr.. Mason's part, in the discharge of his
duties, and it has been stated in the Tran
script that 'there has rested on Mr.. Smith for
years, far more than his share of the respon-
sibility and labor in the Clerks office" That
paper challenges us ito compare the relative
merits of Messrs. Mason and Smith, as tried
by the records and the business in the Clerks
Office" We cannot presume this assertion,
above spoken OF, to have been made by Mr..
Smith, or with his knowledge. For he would
not be willing to forfeit the respect of all hon
orable men who know the facts, by permitting
a statement to be made which he knows to be
untrue, although the zeal of the person max
ing it, may have betrayed him into honest err
ror, and if the assertion comes to Mr.. Smiths
ears, he ought as an act of justice to Mr..
Mason, to deny it publicly.
We however accept the challenge of the
Transcript. The following are the facts in
the case:
Mr. Mason makes, with Mr.. Smith, d.
vision of the labor of the office, assigning to
Mr.. Smith the charge of the criminal bust
ness in the Court of Common Pleas, and the
business of the County Commissioners, and
taking upon himself, the entire charge of all
the business of the Supreme Court, and the
civil business in the Court of Common Pleas.
In this division, Mr.. Mason takes upon him
self very large share of the labor and respon-
sblity of the office, the same which were per-
formed by his predecessor, Mr.. Hartshorn.
The amount of his labor may be in part I'M
derstood from the following facts. During the
past year, C1S55, )the Court of Common Pleas
for civil business sat eighteen weeks, and the
supreme Court sit five weeks, making TWEEN
ty-three weeks in the year, during which, Mr..
Mason constantly attending Court, and
performing the duties Of his office, in the Court
room and in the Office.
In addition to this, Mr.. Mason taxes the
costs, makes up the judgements, and issues
the executions, in all cases, work of great
responsibility and requiring great labor and
care, and he also takes the general care and
direction of the business of the Office
The last December term of the Court of
Common Pleas, continued from December Sd,
1866, to February 2Sd, 1856. The March
term continued from March Sd, to April 6,
and the April term of the Supreme Court con-
tinued from April 10th, to May 10, all of
which terms were attended by Mr.. Mason, so
that from December Sd, 1856, to May 10,
1856, he was constantly confined in Court,
with the exception of the short period of time
between these Courts, which, in all, amounts
to less than three weeks.
The Court of Common Pleas for Criminal
business, set a little less than thirteen weeks
in the year 1866, whichis full the average du-
ration of the terms OF that Court from year to
year.
Mr.. Smith, as before stated, attends upon
these terms, and he also attends the meetings
of the County Commissioners, who have four
regular sessions in each year, which, with all
adjournments, average about four days each,
or sixteen days in the year, and these meet
ings usually occupy only small portion of
each day.
The first week of each term of the Grim.
lnal Court is occupied by the District
Attorney and the Grand Jury, in examining
: the cases presented to them, during which time
the Court is not present and the Clerk not in
actual attendance.
Allowing the proper deduction for this, it
may be fairly stated that the average amount
of time, which Mr.. Smith is in attendance up
on the Courts in each year, does not exceed
thirteen weeks, while Mr.. Mason is in at
tendance on Court al average oftwenty three
weeks ira year, ten weeks more than Mr..
| Smith.
| Mr.. Smith generally occupies a small room
connected with the Clerks office, in which
room are kept the records and papers of the
| County Commissioners, and the criminal cases
in the Court of Common Pleas, and of this
! department of the business of the office he
has charge. All the other business of the
office is under the charge of Mr.. Mason, and
Mr.. Smith has little or nothing to do with it.
| The records of the criminal cases are made
up by Mr.. Smith, No other records are made
by him. All the other records, namely the rec
ords of the Superior Court, and of the Court
Of Common Pleas for civil business, and the
records of the doings of the County Commits
sioners are made up by the clerks in the en-
ployment of Mr.. Mason, who are paid by him
for their services. The amount Of writing in
the efiice is very great, in making up these rec
ords aud making copies, &C., and, to do this,
Mr.. Mason employs constantly two clerks and
much of the time three.
In view Of these facts, we make the asser-
ton, with entire confidence OF its truth, that
there has not rested on Mr.. Smith any more
than his share Of the labor and responsibility of
the clerks office.