Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1859-04-14


extraordinary remark emanating from the
judge. We do not for a moment attempt
to defend the learned baron from the char
ges which have perhaps very properly been
brought forward against him of doing
away with that dignity which is so great
an ornament to the BENCH but we consider
that the jokes having been made, and be-
ing some of them pretty good, we are do
ing no harm IN retailing them.
A prisoner was once tried before the
baron for stealing saw, and in mis- de-
fence urged that he only took it in joke!
And pray. prisoner, how far mi ght you
carry it from the prosecutors house?' ask
ed the Judge.
Perhaps two miles, my lord
'Ah, that was carrying joke a good
deal too far; so the sentence of the court
upon you is,' &c.
Another time we recollect a juryman
begging to be excused from attendance, on
the ground of deafness.
why, you can hear me speak, said his
landlord.
That's true enough; my lord; but have
to turn my head round very awkwardly,
for am quite deaf with one ear
'Oh, then. certainly, sir, you are excus-
ed replied the baron with mock solem-
nifty, "a juryman ought undoubtedly to
hear both sidesP
The Judge we are speaking of had, in
general, very profound dislike to scien-
tifc witnesses. especially of the medical
profession, called upon to give an opinion
upon the evidence they had in court; and
he rarely failed in proposing some curious
question to them which eventually proved
a foorer. At one time he took up the as
sertion of an eminent medical practitioner,
tLat .'in all cases of death by violent
/ means, post-mortem examination would
throw igh. upon the actual cause of the
| decease.'
and pray SIR asked the Judge, IF |
f were discovered lying on the highway
with my head severed from my body.
what particular light would post-mortem
t examination throw upon the cause of my
death?'
AT the end of very long examination
, of another celebrated medical man, who
t had been called upon to establish the in
competency of deceased testator to make
a will, the witness unfortunately said that
| he believed "aH persons were subject to
temporary fits of insanity
r And when they are in them,' asked the
: Judge, 'are they aware of their stateoo'
Certainly not, my lord,' was the reply;
l they believe all they say. even if noDsen-
steal, to be perfectly right and proper
Good Lord exclaimed Anderson, then
II 4 \
ges of notes OF your evidence, and, after
all, yoa may be in fit of temporary in
sanity. talking nonssnce, and believing it
to be truep
Next in order to Baron Anderson, as a
'.judiciai JOKER" we must place the late
Hon. Mr.. Justice Maule, whose bon mofs
indeed generally exceeded those of the
learned baron, although every attempt at a
, repiti:ion of them paper must necessa-
! rily be mcst imperfect, owing to the alb
sence of the extraordinary tone and gestic-
ulation with which they were ever wont to
be accompanied.
Where do you live?' asked counsel Of
: a policemen in plain clothes.
4, sir? I am in the hens N divis-
ion.
Very good, then I'll put on my notes
that you reside in the roultry!' quietly re-
marked the judge.
Of course such joke as this was far
$ too subtle to be appreciated by half the
people in court, and indeed the general in
convenience to be met with in this learned
, Judges remarks was, that they were rather
above the comprehension of ordinary minds
: and did not always accomplish the object
for which they were especially intended :
t Such was the effect in his witty summing
up Of Wiltshire case. A prisoner was
4 indicted for cutting and wounding the
prosecutor, with intent to do him some
grievous bodily harm; and other counts in
the indictment varied the intents, bringing
the offence at last to one of unlawful
wounding, only, the punishment for which
5 is vastly less than for the graver crime. -
e A most murderous assault having been
clearly proved, the prisoners counsel con-
tented himself with arguing that no 'mal-
ice' had been proved to exist in the prison
ers mind, and that the offence of 'unlaw.
full wounding' was the only one of which
he could be convicted. The learned judge
In summing up, ald:-.Uentienen OF the
) jury, the facts are undisputed; the law
laid down by the learned counsel is quite
8 correct If, therefore. you think that the
] prisoner ripped up the prosecutors abdo-
men. allowing his bowels to lun out at the
. wound, without any intention of doing
him grievous bodily harm, but merely by
way of slightly annoying him, you viii
I End him guilty Of unlawful wounding.'-
The jury, wholly unperceiving the irony
/ conveyed in this charge. acted upon what
they considered to, be the advice of coun-
; sci and judge, and acquitted the prisoner
: of the graver offence!
We may here mention incidentally JUS
: tice Maule's dislike at all times TO clear the
D court of females when cases of an indeli-
: cate nature were being tried. Women
: had no occasion whatever to be in court.
. he would say; and if they came there. he
D was not going to bother himself about
sending them out!' Notwithstanding this
seeming inditfeience, however, he at all
times took very good care. by some direct