The New York herald., 1873-11-25

decision
xSy FOR which the case down. motion having
alter s "ssnS of
o h he
alter slight consultation between counsel this paper
ss II s sSs. took ss N ss I'M
et Which to SUPPOSE iii
g The e%OnsTa5y % that h prsssnns Of the r
eight SIGNATURES herewould have ave- the & effect from, from
to the e b sG s would uo the duty Sa
the aw % but M m0ss Ts s
he w0d BE-
ne ss py was ns to P%eaG s araw thai a' the
s a 10 ws Ss haa on G
SpnoDs Spsn asains, the aelsndsnt ana had I'D
hs the y S
other ses and was IN n S @ pecae S ans 81 eo ana
Judge % it in the case The ssemes thus laid
& ss Se liable Be to
Ds5 in e case sons inc ON ndgs 5 fSs sa r u s
ne law does N not +, and sannO o u,n an
h@ the nTens
q Inc Cour-an innovation Of the law and the practice
enable II se% OF a% The
R @
and Position I Sase ns It h first De
Gus trial most mos naaaeG and G decided
q the case That statement IS not NJ correct in
So s $ Ts ama aEouss ns Judge sassG
the jury in such form that it was probably impossible
nowhere in the charge can be found any expression d
ns 81 e 10 pass 50 p s anas I'm
pTesy warned hsm that IS opinion must govern
ali Questions thsmslyes although they eoaid
hst snsee think very s Clear 6Gurs
III Bfs q. sv q
ARE judges 0r Of the and
me responsibility Of saving what the evidence proves or
evidence and the questions which arise it leaving
pnon
not to Be goyerned 6y that opinion q all musf hsys
DRIFT Of the charge wha, the opinion o. the cours
and they guarded ssainst far this rule wen:
be sSnrqsd ss by that opinion This stated
dtas thas they we're not t 70 be infueneed BY such
expression his opinion, Ihaye rsad what said.
eined to charge that jury NOT 70 infuenced
dd
that He asked the Court At hs close of OF the CHARGE
you charge this Jury that they are 10 fnd according
Without any nfhenee from the cour, Whatever and We
s he o
Judges Of the iacts"-s very different thing from
p5e aA Oi an Opinion an: such had res
ehSs M IN case ss he b Gs s
contrary; hey arc bound e ase the lay rom he
70 the to on The ss @ Ct the
an entirely new princDle-that they were, 10 act
any from sst the Court
the opinion OF the Court the Language was lily chosen 1t
that they not to be influenced by such an EXPIRES
sion OF opinion statement of Of that that kind under such
with motive The paper proceeds 70 say that trial BY
Of the Justice would be had under formed before such
a bias as and nTeudiee and not X T an al
second objection made to the Court was that before
podns 'as chanse to- the aVof 1s
ts 10 sl sas as
i was said this Justice had assumed, would have
extremey eennse
he sds the sHs whs has
would dsquaiiy any person under the la rom sitting
9aa hostile
equally to say that he had asumed
oh think IN s truth to the can be because s
that the Judge presiding, upon the first tfia aiI
reference this case sxcep; thai in his judE
IN s. s to the He s n sa a.
assumed position in The toward the defendant
fryer THIS with it the sting substance that he
haa P%sa would m s oaay af Em o
sitting; if be were called upon as member OF
sci I soad Justify thsmsevss making 0s such s0an am
qualify trier then disqualiy Judge now. have
no aTher comment to ma make than the conclusion Just
which win be involved upon the trial have already been
important points his rulings opposition
to the previous decisions OF other judges Although there
trs under these circumstances it would be clearly
any Judge sitting IN on his decson haVs
no to make on the logic OF this proposit,9n but
Judge from the bench the ground that he has opinions
enough OF have opinion the subject he cer-
nT SsEh sSsn S9 sse s
they object to Judge who has already expressed
apPareat from the fact that in many where
o ke
upon the absurdity Of this last proposiiion 1t
a9n q 10 ,9stse in one Of the Two modes have
neneu ,hax ,gbi nahas t,e 5 mug lne
Judges the eed would only make it duty ys 50
from without srea. discredit to himself ieit
made efforts g avoid sitting in this @ case and
sndeayored to procure an eminent eminent judge from
no circumstances could entertain for QUA q
e laid ae Before me- eo nOa aef ba feel m
feel to-day that in the he Of Justice counsel
judicial officers and classified with the judiciary had
courts but to the maintenance law and justice in the
ow n hsy y % @ paee6
Judge about to iry case for the purpose Of either
with such emoarrassnent and placing him IN such
M against dee @ 9 % e fad 1 he
counsel who before him that he could not occupy
paTte with snre % % far r. as ss his Views Of
dy sas 10 ef @ e II e IS an5 a and M IN a
empaneed by leading them believe il advance that
partial preudccd and emitted respect These are
the views which want the counsel TO consider upon
which, unless explanations are made, ] feel-sy the
Of duty that 10 the administration Of Justice
while / hold this honorable position though nv
views may be only those OF single
judge-I feel bound in enforce in order
To show members OF the Bar, well the entire
muny that the courts not 10 be thus approached
inundated II counsel desire further In respect 10
these the Court will grant IT, do desire 70
hasilyonly to act as the behess OF Justice require
Mr.. Fullerton said the counsel desired TO make
formal disclaimer OF the intents which HIS Honor had
ascrbed them and for that they wanted to con.
suit and then they would be ready make answer
proper He himself was gong once into trial
case, and he asked that the matter stand for
few days
The matter was thereupon adjourned to Saturday
During the contempt proceedings Mr.. William w.
Evarts at counsels' table, having beside him Mr.
Rothery, an eminent English lawyer. who listened with
great attention the calm and digDed rebuks Of the
learned Judge 20 the recalctrant council lacking moth
ing in force mpressvcne in the absence Of big wig
silk gown sounding title in the person OF Judge
DAVIS Mr. Evarts introduced Mr.. kothery 70 Judge
Davis between whom friendly chstensu tor few
moment