Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-10-23

The man who Is conscious OF his own
| intellectual wants, will soon learn how
: to supply them. The man who clearly
| discsrns his own faults, is surest to
amend them, and ha that adnlires and
approves the virtues of others, becomes
incapable of envy in the desire Of ri
yaiIy. We are no stickler for dress.
| Let Il lawyer dress as he chooses. pro-
| 1lded he always dresses as gentle
man. We care nothing for texture.
value, color, or fashion of his gar
| Inants. He should be Clean. for if he
! Is dirty outside, rely upon it he is dirty
III, Further, justice IN her celestial
! qualities, is Invested with female priv
| iieges, and is rarely to be woed or won
! by Negligent or or s!ovenly suitors.
! beGrimed face at sulliel hands
! scarcely become the pnrity OF her
| temple. and the apparel OF her minis
tiers should be appropriately al pied
/ ID her august ceremonia!s and DEGREES"
l must ask you at times to bear in
MUD the wearisomeness OF iuLCas'
Office. How much the judge must see
and hear III the course Of long SEES
| sion to Try his patience and temper.
| Respectful submission. nay even cheer
fui acquiesseuce when his cause does
not demand another course, Is true
wisdom as well as pr"priety. An ex-
ception may be noted to the opinion of
the bench as easily III an agreeable and
| respectful, as IN cOnuCmptuOus and
Insulting manner. Tue excitement of
! trial OF cause Is no doubt often the
reason and apology for apparent dis
respect IN manner and language. But
1t is to be observed that petuiancy or
mi IafC yrl,I nh ~,
causes disagreeable to oil concerned
upon the interests of all. 1t is highly
important that all concerned il trial
| should be al ways equal, most carefully
REFRESHING anything like excitability
or irritability. When passion is al
lowed to prevail the Judgment is de-
throned. Words are spoken or things
done which the parties afterwards wish
could be unsaid or undone. Equa-
nimity and self possession are quail
ties of unspeakable value. This is all
| perfectly sound and true, and the doc
trlne should be closely observed by
the court, as well as by the counsel.
Petulancy produces petuiancy andis not
always confined to, nor does it ALWAYS
originate with the one or the other.
And while the wearisomeness of the
Judges office should be borne in mind,
the vexatlons to which counsel are
subjected, are also entitled to be re-
membered. Mutual forbearance pro-
duces mutual satisfaction and adds
grace to dignity. Respect for the
court IS necessary, but regard for
counsel is not less to be looked to.
And shall ever respect an attorney
who perseveres above all in strict
maintenance of the rights of his client.
For L have great respect for Horne
Tooke, who, in one of his trials as
serted that there was not a single
counsel who would venture to support
his own conscientious conviction
against the opinion Of a presiding
Judge. There was not at the time a
single lawyer present, whose hollow
bosom did not echo the sentence and
silently admit its truth. Thank heaven
this is reproach that has never VET.
and L trust never will rest upon a
North Carolina bar. And I trust the
time will never come, in our loved
State, when there will be a seryiie and
crouchiDg spirit in the bar towards
the bench, Inconsistent with the equal.
lily on which all gentlemen are placed
and with the liberal nature of their
eally education and attainments. Fo,
Y hlle the bench shoIlld - treated wit
all due Difference, there is Difference
due to the counsel, and the cause OF
truth and justice.
Private interviews OF counsel with
the court III Shich private and exparte
statements are made, Or any endeavors
10 impress views of d case then being
or after to be heard, are undoubtedlY
wrong. and tend to corrupt Justice.
so. to send or authorize clients to have
such interviews. No gentleman ought
10 adopt this course. 1t is unfaithful-
ness to the court. Judicial ethics must
not be lost sight of. Does any one for
moment suppose that one of the old
and honored Judges of North Carolina
ever permitted a client to speak to
Inn OF bis case ? [ once knew an in
stanca.of the Jamented Gillian. When
he got off the cars asman asked him 70
permit him to take him out to one OF
his courts. He consented. On the
way the man spoke to him of a case he
had Tor trial before him. When they
arrived at the courthouse the Judge
offered pay Tor his ride; the man de-
cilned to take it. When the case was
called, 1t being one of those cases over
til removal OF which the Judge had
the control, he ordered the case re-
moved to another circuit TO tie tried.
and taught that client Il lesson tha: he
was not to be approached about a case
to be heard before him. When Judges
ADVISE parties or receive private com
plants against counsel, they iuyit e every
| eva that IS thus reprehended. The
Judge has 10 right to hear ANYTHING OF
2 ease ont OF court, and he can alwa~s
prevent 1t, .,"d il he does not prevent
It he C4couIacas il,
There is = want Of soIemuity during
tie session If the courts which brings
/ 'eFruacl npou ali concerned in It's du-
52SS. ana most objectionable is the
present mode of administering oaths.
which method irlpaics the sanctity Of
the obligation aud The solemnities of
judicial Tribunals. the very founda-
tlcu Of Justice rests upou the oaths of
witnesses and jnrors; yet how are they
adm1nlstercd-not IN dignified and
impressive manner, but in blunder :
ing, drawing style by one who runs
over the ceremony in q manner neither
Inteii,glhle to others nor even to him
self. What sanctity can there be in
such an obligation and what wonder
ought there to be that so many PERU
Ties are committed, or at least sup
I posed TO be committed. The jury are
huddled together hurriejly, especially
IN criminal cases like sheep in q pen,
all IS haste and confusion, and in
this hurry bury the great OBJ
Ject OF their proceedings is lost sight
of: A weil-behavcd dog should be
tried with more ceremony. The crier is
bawling, children crying, counsel talk
ing aloud to clients. the Judge
scolding, the solicitor grumbling, the
clerk taking recoGn;zances, the sheriff
calling the jury, the defendant making
his challenges, the officer OF the court
making more noise than all the rest
put together by crying Silence in
court" and giving reasons TO the
judge why She can't keep order. the
grand jury have just been in and are
retiring, and, IL the midst Of all this
uproar, oaths are administered. Now
imagine such p scene as this. and tell
me whether TINS is a court OF Justice
or rout. L IL vain to say that this