Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1860-05-18
From Tie Spectator.
TF0W NC OPcctutVT.
Judge Thompson. Court Docket, and Re-
calVarSiilD.

From The Spectator.
Judge Thompson. Court Docket, and Re-
celversnlp. -=-----.ss-
Messrs Editors I'm my last communication, at
ter showing that Judge should have true dignity
Of character and de- ortment the effects OF hs want
Of that quality, the qualf' atoms OF Mr. tutz for
the judicial office according to the requlstlons OF
that law so far his character, business habits,
lagal Qualifications, fondness for his profession
aud attention to business furnished evidence and the
qualifications of udge Thompson for that office,
d mart as to his temrer and manner, by the same
Law from the evidence Of his Judicial life, com
mcnced the investigation OF his care ana attention
In performance fthe duties OF his Office before pro-
oseding with that examination, the importance OF
the subject seems to 1eman some no,ice VI
the temper aud department TOO frequently e4-
hibited BY Judge Thompson towards parties In
Court. when rendering his opinion, and in the
decision of their cases. The decision OF legal
questions submitted IN case as oelore s.a.eu'
l. the duty of the Court; but when Court, while
nroIass;ng TO make such decisions, unnecessarily
and publicly, before the assembled bar and people
irnputcs improper motives to party or parties In
the cause arraigns that or those partes upon those
motives so imputed, tries, and condemns them as
guilty of des igns Of.nces, thu; Imputed or In
ferred it assumes right not warranted oy justice,
a power not supported by the law of the State and
commits an act not only OF injustice, but frequent
" of the greatest outrage, against the feelings OF
the parties thus charged, tried and condemned and
sometimes against his or their most sacred rights
aud inter ests. They are tried and condemned on
charges sustained only by the evidence OF Suspicion
without even the privilege of rebutting that cyl
dence, or of showing the suspicion to be wholly
unsupported by the circumstances, and thus, with
out iouadaton. By this course, parties in Court
not untrog uently have their feelings most unjustiy
and craeity wounded, their character and of their
helpless and uneffending families, ruined and vexa-
tious and expensive suits instituted against them;
with really cause of action, except the charges
intnated or made by the Court. In all such cases
there il monstrous injnstice. How far or how
I,vd. T,Ai al
history this want of true dignity of character and
department in his official duties ? Let the people
of this Circuit answer the question. A feeling of
independence of both the bar and the people, APP
pears to have distinctly marked Judge Thompson 8
whole judicial life, and to have governed his ac-
tons; and having shown that an Independent J u
dietary fully implied Its responsibility, then the
feeling of rresponsbiity in bis official life and acts
has been equally marked. Besides he appears to
lave been governed by feeling of literary vanity.
w no could resist this conclusion, after witnessing
him in Court while addressed by the members OF
his bar? Does he listen to the arguments of the
counself He certainly does not appear to do /;
he rarely looks at them while addressing him,
makes nc note of their arguments or even autfori.
ties, however many quoted or read. He has, as
reported, sometimes shown an aversion to hearing
case discussed, though it were intended as an
insult to bis understanding. Allithis proves him
greatly wanting ia proper dignity Of character and
department, as well as in good taste. 1t is true
that.i his decisions he is reported to show much
thorities quoted. than his apparent attention to
the arguments would justify bu: it is believed that
If he we're TO give greater attention to the argu-
uents of counsel aud to the ai thorties quoted and
read in those arguments, the number OF his decis-
ions reversed by the Court Of Appeals would be
most astonishingly reduced ! now return to that
docket. As already 7tated, one of the duties Of a
Judge is to keep his Court dockets within the con-
stated that when Judge Thompson was first elect
ed to the Judicial Office of this Circuit, the com
mon-law issue docket of his Court for Augusta
County, must have been very small; fer that dock
ct, at the June term, 1885, contained only about
forty five that the number OF cases was per-
mittsd to increase, from year to year. until the
June term ls43 when it amounted to about two
hundred and tortytivc cases and that the nbn,beg
was permitted to vary. from the latter period to
the year 1854 when it amounted to about two bun
bred cases. This was attributed to negligence and
not design 1t was further stated that there we're
several provisions made by the Legis ature to pre-
vent that increase OF the docket but apparently
without any recognition oftfe Court.
deem it proper to be more specific in The alialv.
sis of this docket that the of its increase ma
be made fully manifest The commonla law issues
OF that Court for Augusta county, as reported for
the June term. 1888, were only Is cases for the
June term, 1886, 46; for 1887, S3; for 1919, lis
for 1889, rs for 1910, So for lS4l l27 for iS42
III for lS43, 244 and for lS44, 10 cases. ire
il usnst be seen. that this cocket was permitted t.
increase annually until the latter period when ii
that it did at the Ju term, 1885, Why was this
p rmitted The Legislature seeing this growing
evil. and that il it were rot speedily removed
would soon result in virtual denial OF Justice to
suItors, by the necessary delay in the the trial OF
the causes the sta OF A pi, 1899, passed spe-
ciat act ON the subject. The act SAWS s1Lat
from any ceasc any of the Judges OF tie Circuit
superior Court of Law and Oh ancer5 of this Com
IN nwe It'll, shall fail to dispose of all causes de-
pending in her respective Courts and ready for
trial thcrep it shall be his dutH appoint special
session OF such courts, which shall be held in the
napner, ard under the professions eonta ed in the
18th section of an act passed 18th April, ISL
TRis act was in force from its passage. Did tile
passage OF this act escape the attcntion of Jud ge
Thompson? ifso it ouesIs not to have done it :;
because hs duty require ed bin to taEa notice OF all
such acts !; yet, from his permitting tile docket to
Increase after its passage even more than Before,
it must be presumed that It escaped his attention
uness, indeed, it be shown that lie held special SEES
eions of bis Court according to she acquisitions OF
tae act he should, however, have kept the Duck
ets reduced and have held special sessions of his
Court sufficiently often TO have accomplished tina,
object. This he certainly did not. The Chancery
docket, it will be found. was also permitted to in
crease, though not in the proportion. The
common.law and chanoery docket Of that Court
for Augusta county at the November term, 1885
as reported, amounted together to about 255 cases.
At the November term. 1885, to 4I8 case ; and al
tho November term, ls44, to $50 cases, or about
that number. At The November term, 1913, the
common-law oocket of that Court contained about
2S7 and the Chancery docket about 259, mak
ing together 545 cases. Here it will be seer that
while, between the November term, 1874, and that
of lo4S the docket did nos increase, but with such
immense docket of that Court, bes ides the four
othsrs constituting the Circuit 1.-THE wheels of
tce' moved SHORTY, and must have appeared likely
TO "soOn cease to roll on.
This grievance had arrived at such magnitude,
and had become so oppressive to the people of this
Circuit that the citizens, suitors, and members OF
the Bar residing in all the counties of the Circuit,
BY memorials to the General Assembly Getting forth
their grievances. obtained the passage of an act,
On the 18th of March l846, making it the duty and
requisition of the Judge of this Circuit after the
adjournment of the last terms of his Courts Spring
and Fall, to appoint special terms of his Courts,
and to employ his Summer and Winter variations
in hodnA such special terms, ''for the dispatch of
chancery business, only,' to be continued accord
ing to the pleasure of the Judge, so as not, how
ever, to encroach the regular terms of the Court
This duty and requsition were to continue five
years from the passage of the act. For this extra
service the Judge was to receive five hundred dol
lars year, besides his salary, payable quarterly
besides mileage at the rate of twenty cents mile
n gong 10 and returning from said Chancery SEES
sions, and be excused from his attend ance on the
General Court, ii in conflict With any of such spe-
cial terms. These special terms were to afford all
the power OF Chancery proceeding the regular
terms of .he Court. 1t has been publs shed TO the
world, by one of the writer's in your paper, that
after the passage OF this act making it the duty,
and requiring Judge Thompson to hold, thus, spe-
DIAL terms OF the Chancery Court, che conquered
the iocket." Is that statement true2 1t certain
~ is not. But did he hold single special term of
the Chancery Court, in Augusta county, during
the five years next succeeding the passage of that
act? AS reported, the records of that Office not
only emphaticallv deny that he dii, but most con
OR nj vol tbath a III boar. h,