New Orleans Republican., 1873-06-21
A r1RM. cLEAR.BEApEp JUDGE.

characteristics, in very eminent degree.
which enable him to conduct the case now
before him to the great satisfaction OF the
public. He has profound legal ability; ne
is familiar with the authorities: has per-
feet sense of justice. and is as brave as
julius Caesar. While he never loses MS
presence of mind, he has his patience
sorely tried at times by the pertlnaclty OF
the counsel for the Picayuos in sticking 70
one idea, and that a wrong one. II ls'
moreover, the only idea they have sus-
gested since they have ceased to harangue
the court for an attachment for Pelagle
Brown. Evidently. Messrs. Ogden, Ran
dolpb. Voorhies and we do not know how
| MANY more of them there are fully be-
lieve that Judge Hawkins is on trial be-
fore the Fourth District Court for perjury.
The case before Judge Lynch is one
| against the Piccynne for taking Liberties
with the reputation Of most worthy eltl-
zen, by accusing him Of an Infamous
crime. If the defense had any reason to
doubt the truth Of their assertions.
or desired to have Judge Hawkins
tried for perjury. they should have
attended to that before they SO con-
fdently proclaimed his turpitude. The
Picapne first set itself up as court-a
mock tribunal, it is true. but yet sort OF
self-constituted arbiter- proclaimed Judge
Hawkins guilty Of a crime OF which he
had not even been accused by anybody
else, and certainly not convicted by any
legal tribunal, and when called to account
for such a liberty with the unblemished
name of good citizen, wants to go into
lengthy trial of Hawkins instead Of de-
Tending itself for its own illegal publica-
ton. The attempt to arraign Judge Haw-
kins on this trial purports confession
of judgment, proclaims to the world
that the publication was without
authority. and the only hope Of saving
themselves lies in possible conviction
before Judge Lynch. This idea is not
very brilliant one, it is true; but it is the
best the defendants have. If Hawkins
had been a convicted perjurer at the time
this libel was published, why then he was
one, and any man had a right to say SO.
But as he had not been either convicted,
tried, nor even accused of such crime,
to publish him as guilty in public news
paper was a very grave offense, for which
the defendants are now on their trial. 1t
is the Picayune's trial, not Jude Hawkins.
The latter has very little interest in the
result. But the community has very
deep interest in knowing whether every
man who sets himself up as apublic re-
former may destroy private reputation to
promote his ideas Of the public good with
out giving adequate compensation for it.
1t will be seen that the question is not
a very broad one, nor at all complicated.
The Picayne either published the article
complained of or it did not. Counsel for
defense admit the publication. The arti-
Gle is either libelous or it is not. Upon
the face Of it it appears to be grossly libel
GUS. Defendants have failed to file the
decree of any court adjudging the COM
plainant guilty of perjury, perfidy. or any
other crime, and as he stands before the
community a perfectly innocent man, the
defendants fear that unless they can
blacken his character in some way or
another right soon, they will be amerced in
damages. The counsel. therefore. appear
to be anxious to put off the trial of their
case until they can get judicial decision
about something else. But Judge
Lynch infexibly keeps them to the
narrow channel of the law and rules Of
practice. OF course there is a good deal
of futtering and chirruping. as much as
we see and hear among flock Of turkeys
when driven through the streets about
Christmas time. The lawyers. like the
feathered bipeds. want to turn into every
little side alley and dark hole instead of
going straight ahead. About every five
minutes or so they take an exception"
thinking, perhaps. to overawe the judge
by this frequent reference to the higher
tribunal. But Judge Lynch is pro-
found and accomplished lawyer. and he
knows the judges of the Supreme Court
are so likewise. He furthermore knows
that not one in twenty of the exceptions
to his rulings will ever be presented to the
Supreme Court, and none Of those that
ore will he SI,efained