The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1877-07-15
cURBIN0 THE CROSS,EXAAINER.
Rave WITNESSES IN COURTS ANY RIGHTS :
New York Word }

A veTy uuusual scene was presented {
Cav DAYS ago in court at Philadelphia WI her
a prominent member Of the bar, Mr.. b. l.
Temple, came up before Judge Briggs Il
.E,uree himself of contempt. In his argu
Eaent in the defense of the homicide, Franz
Kelly, Mr.. Temple assaulted a Mr.. Miller
81 a subordinate officer of the conrt, WHIT
S,ccupies the position of detective and in
former," to quote ex Attorney Genera
Harris, with saca violence of Language
chat the Court twice interfered, bat vainly
for the advocate poured on his victim
third shower of vitnperation accompanied
by O vehement ply steal gesture, striking
the bar with bis fist in front of Miller
Thence, of course. an arrest for contempt
Appearing for Mr.. Temple Mr.. Harris
pleaded that the lawyer bad a great re-
eponsibility resting on him in that case.
which was aggravated by personal and
political considerations. and had been sub
iected to q severe mental strain for several
days. Judge Briggs said, before dismiss.
ing the matter. that he wac fully aware OF
all the circumstances, but that nothing
cClld excuse counsel for exceeding the
ssouds of decorum. The language you
slsed," said he to the lawyer, land the
vehement ply steal gesture you made, strik-
ing your fist upon the bar In front of Mr.:
Miller, was Q threat, and am surprised
that in moment of impetuosty he did not
leap across the bar and throttle you. If
ne bad do4e 40 would, of course, have
committed him for contempt of court, but
1t lie due to his wonderful self posse ssion
that was not called upon to exercise that
Authority. The time will come, If this
sort of thing lie to continue, when lie who
IL summoned in court as witness will fall
back upon the right every one has-I mean
assault in self-defense."
+ Whatever pnblic opinion may be "a to
the merits of this particular case, Judge
Iprsr afa IL annfiai IN the unpprnl
q uestion of the treatment of witnesses are
so sensible that we do not hesitate to pro-
nounce him righteous Jadge, an "eGcet-
lent old man." There is, perhaps, no OBJ
lection TO be offered to the manner in
which clieuts are often ignored and shame
fully eutreated by council. who arrange
postponemepts and run up bills Of costs
without this slightest Difference to their
convenience or their wishes. a la guerre
CONNIE a la guerre. Bat if it is in the IN
forest of peace that the horrors of law, like
those of war, should be intensified for com
batants, surely they should be mitigated
Cor non-com oatants, and the witness ia
non combatant. He is usually disinter-
sssted person compelled to discharge an uu-
pleasant duty at considerable personal in
convenience orc expense. He is about as
Indispensable to " trial as u bridegroom is
to wedding, and he is usually treated
with the same sort of systematic contumely.
In the average American city the witness
ia criminal case is pretty certain to be
committed to the House of Detention while
the criminal is released on bail, and when
ever he is delivered over unto the lawyers
hi9 life ia even as that of "A partridge upon
the mountains or of a rat in a pit.
From the moment he enters the court
room he Is sat down upon and crushed out
Of shape. The Jurors have boxes and the
clerks have decks, but hs hath not where
TO cit down, unless among the odoriferOus
ioafers who repre- sent the public at the
-averaSe tribunal. If he auswers to kis
name inaudibly the Court regards him in
<cise light of an idiot; if loudly it considers
him q madman; If he do. su't answer at all
Xae ie fined in some fearful amount. Gen
xAemeu who devOte their mastif mirds-if
1Se may be allowed the expression-to the
ss5n cation of "dawgs" have a habit OF
breaking q rats jaws or pulling its teeth
and delivering it over to q sophomore teE-
-Gfer in order tn encourage him to the future
execution of rodents. The witnesses serve
the same purpose in the legal rat-pit The
goupgest lawyer avails himself of the
opportunity to worry him without fear, Il
6Runt and lacerRte HIM az no man shoulC
do Iie enemy or his mother ia law, and t.
bold him up to the jury and the public al
q fool or q felon, while at the slightest sigr
of irritation the council throws himsei
upon the protection Of the COart and the
is- We know of bat one judge who eve
gave his witness fair playa worthy mag
is6rate who, when the crushed witnes
Surned and roared out "None of You
bQsiuess"-:avTe was a parucipie IL Oh
phrase origjnalIy-in reply to an irrelevan
and impertiuent queBtioD, said mildly
@~WitueRs do you desire to change you
srsweF3" mo" al woul6n't II l wer
you"
The thought which occurred to Judg
Briggs has frequently occurred to US
that at come period the witRess will tur
aud rend his cross examiner, and that
regular Sicilian Vespers will be organizes
in our courts. When in that day of wrat
aud enlightened public sentiment the coun
sci aeks his next door neiGhbor, q tailO
with large family and deacon of nnblem
ished reputation, if he ever served terri
an any States prison for highway robbery
the witness will neither blush nor idt
exasperate himself, but will smite his mt
ligner with the indignant umbrella c
outraged respectability and the man
whom in HE pereration. the advocat
refers as a perjurer, a body .snatcher an
a devourer of the widows substance, will
In the language Of Judge Briggs, leap owe
Is, -nil;nC anA that ornamaDE n