The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-06-02
Judge Hodman'S Decision OF the
PeniIenIiary Question.


JudEe Ho6man's Decision OF the
PentIenIiary Question.
Our journalistic neighbor on Market
street affects furious indignation over
The publication in our columns Of an arti'
Gle from the Clarksburg Conservative,
with comments thereon, touching Pre-
judicial decision Of the .Penltentiary con-
uoversy by Judge HOFFMAN Of the su-
preme Court. This fury is purely theat-
ricsi. The Register docs not feel any in
lignalion on the subject, but does feel
.hst show Of 1t is the regular and legiu.
mate thing to put on.
The RtgisIr deliberately mIsrepresents
one point. Itis not we who asSail the judi
sisl integrity Of Judge Hoffman. It's the
kct on which we commented that asSails
him, il it Is q fact. The way 10 defend
him is 10 dIsprove that fact. We have no
txlenuation to offer Tor the exposure Of a
private paper; but with due difference for
The aCuter discrimination ol our cotempo.
rary, we do not sec that those who make
this paper a subject OF comment, under
the circumstances, are quite as bad as re-
ceivers Of stolen goods. The paper was
private but the matter to which 1t related
il of the utmost concern to the public.
The contents Of the paper, however, dis
closed, were such the journals were bound
% take notice Of. Does anybody imagine
!or d moment that II suce thing had oc-
CURED in connection with any Republi-
Can Judge, while the Judiciary OF the
State was in Republican hands, the
Wheeling Register would have deemed 1t
improper to mention itH Let anybody
imagine such o thing II he can.
But "supposing tho story true" says the
Register, what Off Why this. The pa
per drawn by Judge HOFFMAN, even if
Drawn for his eyes only, shows the work
ings OF the judicial mind on q question
tha, involves matters Of the utmost mo-
nent to the whole State. 1t shows, as
We understand, that though a case has
not yet been put into court, theJudge who
is to finally pass upon 1t, and who is
snOwn to be u violent partisan on one
side of the question involved, has already
made up his decision in favor Of his own
side without waiting to hear, and without
reference TO, what may be adduced In
court by counsel on the other side. The
Rgistr secs nothing improper in this.
Possibly that Ia not so much from the alb.
.ence OF Improprlety as from incspacity of
vision. There are none so blind as those
who will not see. "a judge" says the
REGISTER "shOuld not be q mere wooden
man; he is supposed to know something
hu Is not bound to accept IS law all that
The attorneys urge" Granted; and yet
Unless the judicial system Is stupendous
fraud, he = bound to hear what the at
Iorncys have to say before he closes his
mind sgainst tue reception Of evidence or
reason. He has no right to decide case
before he hears il; else why are cases
heard In court at AllS A dogmatIc Judge
who adopts the opposite course, may re-
gard the views OF attorneys on the other
side as something ol an impertinence; but
VT never heard that style Of judicial de-
cision defended before. While q Judge
il not bound to "acccp" the views Of at
tOIueys, hc Is bound to consider them; he
Is bound not TO prei1dge the casei he is
bound to keep his mind open, In . judic-
isl frame, suitable for the equally hospit-
sble reception Of arguments on both sides.
How can that be II he sits down and pre-.
pares his decision weeks before tho case
. heardH 1t is barely possible that there
nay be some Law and some argument on
The other sido OF this case that Judge
uoFFMAN has not sufficiently conSiderd
Nthis early "Stage Of tho game"
The Register is horriled at the idea
that the Judges prejudlcial decision 10
This case may have been put on paper for
the use Of the attorneys on his side Of the
case. We have not said It was; yet we
have no doubt that the extraordinary fact
oihis preparing an argument on the sub
lecls all SO far in advance, has exposed
him, however uDjustly, TO that suspicion
IA the minds OF many. We have only 10
say on that point that, since the two at
iorneys on that side are the Judges fel-
low townsmen aud near neighbors, he had
heIIe', if be does not want them 10 DO
iorealviGGd Of his decision, to keep his
manuscripts relating thereto where they
will not fall into the hands Of tho boys
passing along the street.
The motive" that prompted our publ.
cstiOn Is what appears chiefly TO disturb
The Register, and this ii "canuOt too
strongly condemn" We supposed 1t means
10 say We "sSSair Judge HOFFMAN be-
cause he Is q Democrat. We have as
much right to say the Register defends
a'n Tor like reason. Motives arc per.
'onal Affairs with which the reading pub
NC have no concern, and 1t is Mother need.
'u' nor pertinent TO discuss them. But Il
zoe R9hier would like to go into an an.
%y'ls Of the motives behind this discus.
voc, on Spar. and ours, we violate no
SlGlence in saying VIC believe It might
,sll' 10 helping to explain the special zeal
i'm i'm which that paper comes 10 Judge
UaFTUE1'S defence.