The New York herald., 1873-11-30

ties as counsel or dsrespcctful TO the Court. A
brief affidavit made by all the counsel, discIamng
accompany tue statement.
REPLY or JUDGE DAVIS
In reply Judge DAVIS said it was difficult to dis
embarrass the case from the suspicion OF personal
motives, but he dscaimed being governed by
sucn and said that had the paper ueen handed
hun privately, out OF court, he should have pad
no attention TO II; 0ut as II was handed to the
presiding Justice OF the Court OF Oyer and Ter
MINER it required attention. He commented at
length on the paper denying that he had expressed
any such bias as to disqualily nm rom sitting IN
the case. The paper charged that ne mao ex-
pressed an unqualified opinion on the iacts.
lie cited hts own charge TO show thar wnlle ne
mad avowed that he had an opinion, and would
be ashamed not TO have one, he had not
stated what that opinion was Though tnau was
the TACT 1t mattered very httie ior ~ WAS wen set
tied tnat Judge might express an opinion. lt
was charged that he had not charged the jury tney
were not to be Influenced by his opinion. some
little countenance to this was given Dy tnelr own
stenographic report, but tnat, equally with the
Court stenographer's report, showed thaI ne nau
aV" nilitx and their duty in Judging on the facts
Again, said the Judge, IL had taken some positlon
TO the case uniting him TO lorm a Jury. ~ Wouia
be extraordinary II, IN going through sucn trlal,
u Judge did not form an opinion on the law ana
facts. II that was what was meant II should
obectionaole was the following Amy
person who had assumed tne position toward the
defendant such as the Judge has assumed Is dis,
auaiied,n &c Hit WAS intended 70 impute any
improper relation to the defendant there was no
foundation for such an aspersion. He recalled the
lake the triers oatn, thus raising properly the
constitutional questions; but this paper undertook
10 say that the Judge was untitled 10 SIT Dy reason
OF the new duties imposed on him. The reason
that because he mad passed on the questions OF
law his sitting to retry the case was In violation Of
the constitutional provision forbiddlng Judge TO
sit IN appeal on his own decisions was absurd and
monstrous. There was nothing TO support IT.
He discussed briefly the difference between this
proceeding and the orderly formal transfer or
cases in Wisconsin, and from State 10 United
States courts before the trial was reached'' He
then concluded as follows:-"In the extraordinary
case to be tried counsel possibly thought II part OF
their tactics to prevent the Judge then sitting
nom trying the v n case II u 5 70 q n @
tinguished counsel TO tat paper, to tntlmdate the
Judge. Counsel in vain sought lor such prece-
dent, and will 1ail to seek here or In England for
case OF a tribunal not taking notice OF paper OF
such character. II such a paper was
presented to an English Judge by the
Judges are with powers which the constitu-
tion wlthhods from our Judges, not one of them
would be sitting here now, and not one OF them
would find his name one hour after on the roll OF
counsel. Great applause from the audience.l AS
God s my Judge, said His Honor, what feel 1t my
duty TO do do, not from any personal motive, Bat
from solemn duty to the Court the Bar, and, above
all to the administration o. justice n my country.
Noawyer is justified in any act for the sake OF his
client which would render him amenable TO the
bar OF his own conscience or tend to degrade the
tribunal before which he appears, or lessen respect
Tor that official authority on which so much de-
pends for the preservation of our institutions !
ai' thas all NS members I Of the Bar viii viii know here
alter that all such EFFORTS are open to CEN
sure and punishment by nne. as rdhe the
Graham, Willard 0. Bartlett $3.50 eacn, and
order that they stand committed un-
til the fine be paid. In respect to
the younger members OF the Bar who have signed
ths,paper-Ehu Root, Willard Bartlett and William
Eggleston--l have this to say, know ia how young
lawyers apt to follow their seniors. Mr.
Eggleston did not take an active part IN the trial.
and do not speak OF him. The other two young
lawyers displayed great ability during the trial
shall impose no penalty except what they may IND
in these few words Of advice:-l ask you, young
gentlemen, to remember that good faith TO client
never can Justify or require bad faith to your own
consclences, and that, however good thing IL may
be to be known as successful and great lawyers, IL
is even a better thing to be known as honest men
(applause)-and that there is no lncompanblllty
whatever III the possession of both OF these titles.
Proper orders will be prepared by the clerk and
submitted to me-"
PAYING THEIR FINES.
1t was evident the lined lawyers had no notion
OF undergoing the alternative OF commitment pre-
scrbed in case OF failure to pay the fines imposed.
Immediat after the adjournment tney handed
the requI ed sum to Mr.. Sparks, the clerk, two
OF them counting out the specified amount In
greenbachs from their pethOrc pOcketbooks, as II,
evidently, they had come prepared for the emer-
gency, and the third giving his check. The scene
almost degenerated into an after comedy, but the
laugh decidedly on the side OF the spectators,
the lawyers not seeing so clearly where the laugh
came in, and parting with their money evidently
with pang that was something more than pro-
fessional The story was told with gusto, and IL
was here the laugh decidedly came in as getting
the best Of the Judge-that the Objectionable
paper was actually prepared by Mr.. Root and the
Younger Bartlett, the others asserting to 1t, and,
therefore, making themselves responsible and
having TO pay a fine while their juniors get Off
with decided compliment The entire novelty OF
among the LAWYERS, who are quite as prone to talk
when not paid for II as under the influence OF
retainer, the merits and demerits OF the case
found an exciting topic Of tax for some time