Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-11-18

The slow mill of the gods has at last begun TO
grind, and it now seems as though some of our
Judges would form part of its grist. 1t is not
unlikely that more than one will be impeached.
We certainly pay our judges enough TO secure
honest and capable men. We have recorder and
city Judge each with a salary of S15O00 besides
allowances of nearly half as much for clerk-hire,
etc. Their salaries were raised from $4,000 10
this amount two years ago, contrary, as is
claimed, to express statute. Mr.. Andrew Green,
who acts as Watchdog over the treasury in
place OF slippery" Dick Connolly, not only re-
fuses to pay this extra salary, but proposes to
compel them to disgorge what they have already
received. Then there are twelve judges of the
superior court and court Of common pleas, each
with $4,000; and twenty other Judges, with
$4,000. Moreover, there are in this district
FIVE Judges of the supreme court, who are prop
erly state officers. Their salary, as stated in the
manual prepared by the secretary of state, is
$4,000; and one would naturally suppose that this
was all. But that's not the niggardly scale upon
which we do things in the city. Our worthy
authorities voted to each of them an additional
S11 $780, raising their official income to ST. 800,
In addition TO this am told that there are 'al-
lowances" of $4,000 more; but have no means
of assuring myself of the accuracy of this The
Office is held for fourteen years 1t was by too
eagerly snaining for this office that Ledwith
came to grief.
There are nice pickngs around the courts. To
say nothing of referees" and several of the
judges have each tavorite, whose emOluments
nobody but themselves know, and the sheriff,
whose fees run up to $4,000, there are four
coroners, whose fees count up $40 900 each,
corporation counsel with $4,000, corporation
attorney with $4,000, county clerk with &c.
900 besides perquisites, commissioner of jurors
with $4,000, and a score or two Of clerks of va
rious courts, with from $4,000 to $4,000 each
Besides these are officers by hundreds,
half of whom perform no duties beyond the
pleasing one of drawing their salaries. There
are indeed a number of judges whose character
and attachments are exceeded by none in the land.
Among these, without being invidious, | may
mention Charles P. DAILY, senior judge of the
court of common pleas. His term having eX-
pred he has just been reelected, it may fairly be
said, unanimously. His Votes about 125,OOO; if
DdilOlS NGlt CdSb t1dluSl llllly bltN hCit 81
few that they must be classed as Scattering"
Nevertheless, it is clear that our courts need
thorough purifying.
Some one has said that only the omniscient
can know what verdict will be rendered by
common jury. The following case, the facts Of
which, as will be seen, have abundant means
of assuring myself, will show that Judge with
yraor ma no ouitp
Juror who only receives two dollars for a case,
upon which he may have sat for week.
Four years ago one Bceman Sturm shipped
quantity of arms and munitions from New York
to Vera Cruz. The value ofthe cargo, as invoiced,
was S213,0OO aud upon this he effected insur-
ances to the amount of S163 900, in various com
panes, the policies ranging from $4,000 up
wards. The vessel sunk in the Gulf of Mexico,
the cargo being total loss. The insurance
companies, acting in concert, refused to pay the
loss, and suits were brought against them re-
spectively. Five of these suits have already
been tried. In two Of these, tried before had
ever heard of this case, the plaintiff recovered.
In the third case, tried not long SINCE | was one
of the jurors. The evidence in all the cases
was Just the same. There were no disputed
points of law involved. Judge Freedman, before
whom the case came, in his charge repeated the
essential parts of the charge of Judge Jones,
who had presided at the former trials. The
claim was resisted on the three following
grounds: /. The cargo was frauduenhy over
valued; 3 1t was shipped on an unseaworthy
vessel; 8. The vessel was wilfully lost. Either
Of these points, if established, would have been
a perfectly valid defense. The trial lasted
week, and was conducted by able counsel on
both sides. Not only did the defense fail to es-
tablish one Of these points, but the claimant
proved the direct contrary in each instance.
The jury, after an absence of two or three
hours returned with verdict for the plaintiff
for the full amount claimed, to which the court
added liberal allowance. After the verdict had
been rendered, one Of the counsel for the defense
asked me how it was that it took the jury SO
long to agree. owe took it for granted" said
he, "that the jury would bring in a verdict
against us in five minutes" / explained the
matter TO him. Eleven of the jurors were IN
favor of the plaintiff without a word of consul
tation. The twelfth juror was an freshman II
appeared on the trial that part of the arms had
been bought OF one of the leaders of the Fenians.
Our Hibernan associate declared that the man
was a rogue and had no right to sell these arms
which were sacred to the cause of Ireland. 81
am sure" he said, that there is something wrong,
and | can't give a verdict for the
plaintiff" 1t took us two solid hours of argu-
ment to convince him that the wrongs of Ireland
had nothing to do with the rights Of this case.
However, he was an honest man, and when he
was fairly convinced on this point he came over.
In the fourth case, against another company,
the jury found for the plaintiff without leaving
their seats.
The fifth case, the plaintiff being the same,
the defendants different and the evidence just
the same, came before that extraordinary light
of the law, Judge John McCunn. After the
evidence was all in, the Judge astounded both
parties by non-suiting the plaintiff. His de-
cision, taking the proven facts into considera-
ton, was an extraordinary production. Gases
of similar kind" he said, "have been tried by
some of my brethren, and they pursued diff
lerent course from that which | am about 10
take Perhaps the evidence in this case is much
stronger against the plaintiffs recovering than in
the other cases. OF this, know not, but one
thing do know, that the proof has revealed to
my mind such state Of affairs as will not
warrant me in allowing the jury to pass upon
them. am asked to believe, and to allow the
jury to believe, that the boxes placed on the
schooner contained quantities of material of
war. decline to believe it. The plaintiff has
no claim for relief which a court of justice can
enforce. The nonsuit must be ordered"
Now, the evidence of the facts which Judge
McCunn refused to believe, AMI which he AFRO
Santly assumed the right not TO "allow the jury
to believe" was just the same which two other
judges had submitted to four other iures, and
which these forty-eight jurors did believe, as
was evineed by their several yerdicts; and,
moreover, venture to assert that there was not
a man OF this fifth jury who did not believe it.
At all events, ii was just the one thing upon
which il was the province of the Jury. not of
the judge, to decide. ofcourse, Judge McCunn
can believe or refuse to believe any thing he
peases; but when he undertook to say what he
would or would not "allow the Jury to believe .
he was guilty of gross assumption of authority
which did not belong to him, In short, either