The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-09-02
MOAN DATIs REBUK ED.
What English Lawyers Think Of His Con.
duct.
From ne Abanv Ian JonrnaL

from ne Albany Lao Journal
Mr.. Justice Davis was of the firm CON-
counsel for contempt, that III such paper a.
that had been presented to one OF the tribunals
OF the counsel would be sitting before any trl-
bunh to-day" etc. Opinions apparently diner
on that point. Tue London Lac Journal Of the
lfth inst In commenting at length on Judge
Davis's contempt proceedings, says
But the most extraordinary part Of the case
was, that Judge Davis expressed hts opinion
that. " counsel had done such thing In Eng
land, they would have been expelled froin the
Now ia the arst place. Judge Davis might
have remembered that la England Judges are not
lifted by the popular voice into Judicial ONCE
for the purpose of trying particular criminal OF
high degree, aud that tho Crown does not nomi-
nate judges for the accomplishment VI any spe-
clal object In the administration Of justice.
Fortunately, In England the Judges of the
Superior Courts have In m odern timoB disDl iyed
,atal anAeJ m1t 20 se v h m. s ny
might be supposed to have any personal, cor
porate, or political interest and. therefore, the
Instances are very rare in which either suitOr,
a prosecutor, or a prisoner could imagine any
objection TO the presiding Judge. But, II any
such case should arise, convinced that
upon representation made by counsel In the
proper manner, at proper time and In proper
place, AN English Judge would give the matter
his most careful consideration. and would con
suit his brother Judges AZ to the course to be
pursued.
at the Old Bailey and II IL had fallen to the lot
OF the late Lord Chief Justice Bovtll 10 be Judge
at the session, does any one DOUBT tnal us lOru-
ship would, either Of his own accord or upon
the request OF the prisoners counsel, have dele
gated his duty to another Judge Indeed; we
can recall an Instance 10 which at Judges
chambers the late Lord Chief Justice BOWL
was asked, and not In vain, by counsel TO make
an arrangement for the purpose Of having
new trial In a case held before another Judge,
on the express ground that the hrst trial had
been held before hts lordship, who had on that
occasion appeared to take a view unfavorable
to the applicant Undoubtedly that lamented
Judge possessed in high degree candor, cour-
tesy, and "A love of Justice, but we have no rea-
son TO suppose that any other Judge would, I'M
der the circumstances, nave acted otherwise
than he did. AT any rate. we are satisfied that
no Judge OF the Superior Courts would fine, I'M
prison, or even reprmand, a counsel for sug-
costing ON behalf OF hts client what the six gem
tlemen ofthe New York bar did IN Tweeds case.
" Unfortunately, the Bar Association OF that
State has remained inactive In a matter which
ought to have encited from II at least a strong
and unanimous protest. There are reasons why
the six counsel should not make an isolated
effort In self-defence. Their experience OF
Judge Davis is not likely To tempt them into
further collision with hin but even the annihi-
lator OF Tweed and of six barristers might be
compelled to listen to the united voice OF the
New York bar"