The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-12-30
.Greuiug Ttlrgraph
FRIDAY, DEcEMBER 30. 1854.
THE JUDGE, IF ENGLAND.

that he accepted TINS olhtc with reluctance,
although pCeragc was placed, and still remains,
az his disposal. The political arena was best
sod TO his tastes and habits. He thought, auf
thought with hn, that i, was also bcs,
SUI. =. 10 his capacity aud the Government after
wards saw reason 20 regret that no arrange
ment was made for keeping him in the House
Of Commons, where until Sir Roundcll Palmer
came 70 the rescue, they were weaker In lawyers
than their oppO Cuts On Mr.. Cardwg'ls Indian
.|motion in 1903, for example, COchburu was tue
Fvery man they wanted % make head against Sir
Hugh Cairns and there frequently rerurred Oncl.
! sions when they required a bold, ready, coud-
'ent speaker who was not 70 be put down by
amor But the change proved advantageous
both TO the public and the new chief justice, ON
4the whole. lie gave such general sitisia ton In
khis judicial capacity that when the chiet Justice.
ship OF The Queen, Bench became vacant in.lSj1,
be was raised 10 10 with the entire approval Of
haA)fCfts.ion. II was slated az the time, and
I>Im contraGiCted, that no one Of his iud ymHuts,
.'SSg his nearly three years chief Justceship Of
&. |.th common Pleas, was successful impugnei.
al general administration of justice In the
t extended aud elevated sphere has proved
~ uay satisfactory, although, among the vast
Variety Of social and moral as well as judicial
I&quesuOus which come before tho chief criminal
|Nand civil tribunal Of these realms, it would be
rash to say that he has never given cause for
#cayil In the Cardigan aud CalthOrpe case he
\ broke through the time hou0rgd practice OF the
court never tD grant rule for a criminal inlOr-
nation, unless the application for 10 was made nc
he earliest available period. The court Is re-
garded as aCOurt of honor for the purposes OF this
particular iursd CtiIn, and was wont turn deaf
ear To haltiug and hestatng demands OF sati fac.
tion. The puisne judges were consequently
against the granting of the rule, and only yielded
from unwilngnCss to give public expression TO
difference with their chief
His reasons were generous and plausible. if
unsouud. His mind revotgd at the notion Of
a Statute of limitations for alleged grievances
affecting military reputation. But in reality,
the principle aud policy of that statute were
especially in point. These were strikiuCly Illus
trated by LORD Pmkett -"lf Time carries a
scythe in one hand with which he mOws down
the evidence of our rights he carries an hour
glass in the other with which he metes out
those portions of duration which shall reudcr
that evidence no longer necessary" When
Lord Cardigan's conduct at Balakiaya was first
discussed, the Circumstances were fresh in the
memory of the principal witnesses; they were,
most OF them, living in this country or accessible
and ready to give evidence. After the lapse Of
six years some were dead, others were absent,
and all might urge imperfect recollection, uu-
willingness to reopen a di,agreeable topic, as
ground for refusing to come forward and 1t will
be remembered that there is no mode Of COM
peling any one to make an affidavit for or against
either party. The oepOncnts on bOIh sides are
J volunteers. Tic rule must and would have been
discharged on the ground Of delay in the applicI-
ton, had there existed no other ground for dis
charging III and we need hardly say tina. these
ltyeSye ego EszardCd without the smallest refer
-,rrce TO the merits or demerits of the case.
We also venture, with all due humility, to
submit that dangerous and untcnable doctrine
was laid down in the Saturday ReCieio libel case.
1t surely cannot be q libel 10y the law OF England
merely to attribute motives, when those motives
are a declared Inference far or unfair, from the
proved or admitted facts
One marke3 advantage Of having an accom-
plshed gentleman, who has won his spurs in
Parliament, and can hold his own in the most
! cultivated circles as President of court, is that
/ he can afford to unOend, t9 be on easy terms
Z with the lar, and Opportunely throw aside form.
n pOblnnaU's
friend of Pope, and the rival of Chatham, was the
most afhble OF chief justices, and was "at home
every Sunday evening to select circle OF the bar,
including several of the juniors. Lord StOwell
used to say that dinners "lubricate" business so,
under due re traints do familiarity aud confidence
between judges and counsel We feel sure that
the bland demeanor and consderate kindness of
the three existing chiefs are productive of large
I amount of unqualified good TO litigants.
Let those whose personal "reminiscences can 90
back far enough, compare Sir Alexander Cock
4 burn with Chief Justice AObO, CLord Tentcrden)
in this respect. II do not like, said Currau, when
master Of the rolls, "tO appear in the character OF
& drill. sergeant with my cane, rapping the
knuckles of private when l become n colonel
from the ranks" This is just what Lord Tenter-
den did like and he was, TO all iutents and pur-
: poses, a colonel from the ranks. A Junior must
+. have been siuGularly devoid Of sensitveuess who
rose TO address him without fear and trom-
bling; and there was an appauding litter round
the back benches when, on his harshly Chidlug
reference 80 "Justinian's Institutes" IL was
retorted, "Oh, my lord, am quite aware that
we have nothing 10 do with the civil law in
this court" His partlality to an eminent leader
(SCarlettl was so marked that, when the iayOrte
saIcastically told Mr.. AdOlphus, "There is diff
ference between the practice here and at the Old
Bailey" the telling reply was, 81 know there is
( There the judge rules the advocate; here the
advocate rules the judge" lie was haOitually
sharp with witnesses, and once told the Chairman
y OF the East Ipdia Company, not recognizing him
as lie entered the box, and took the book 10 be
sworn, to "hold up his head and speak out like
man" Mr.. Townsend, his biographer quotes
another anccdOe, which, whether literally correct
or not, illustrates his inTeerate habit of snuhbng
y The scene is u circuit dinner with his lordship
presiding. He asks country magistrate If he
will take yenison. "Thank you, my lord am
going to take boiled chicken" ''Ihat, sir, is nc
answer TO nv question. ask you again if you
will take yenison, and will trouble you TO say yes
or no without further preyaricatOn."
These traits of character will presently be seen
! to have an important and immediate bearing on
one -" ySj.ct Of this article-the comparison
y OF the present with the pasti for Lord Tenterden
was an excellent chief in what are commonly
regarded rs essentials, classical scholar, and q
well intentioned, though narrow minded man
Lord Broughums elaborate and admirable por-
4 trait of him in "Htstortcal Sketches suOstan'
TALLY confirms our estimate.
Ii WIS as a puisne Judge that Lord Tenterden
first acquired, or Tpened and consummated, the
reputation which led To the chief Justceship aud
I the peerage; and it was as puisne judges tha
many frst-Tate lawyers who never rose higher
4 have earned lasting places in Judicial history
Gas BRGke's name in the Senate" eNclaims Mr.
4 Townscnd sis the name OF Bu,ler in Westminster
\ Hall" Not unworthy 70 be placed in the SAINT
! category are the names Of Le Blanc, Laurence
\ Hullock, Bayey, Dampier, Blackstone, Holroyd
Litteda,e, Patteson, Park (Lord Wenseydale
Aderson, Maule, etc etc. We must, therefore
4 not be suspected of undertaking the weight anC
influence of their successors IN the same rank nov
y on the bench because space fOrbds an individual
and detailed account or appreciation OF them.
N Mr. Justice Crompton won his way as hard
working Junior, aud mover aspired 10 silk. lI'
had been special pleader Of no mean distnc