The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-12-17
communicated
Another Reply TO the ARti-HaontaSUe
Memorial.
RICHMOND. December 16, 1878.

RICHMOND. December 16, 1878.
10 the Editors of the Dispatch:
notice in your issue OF the 18th instant
an article copied from the Alexandria Ga
zette, which article alIudes to 4 memorial
SAID 10 be signed by many members OF the
champion bar" The memorial is (said to
bel severe upon Judge Montague. II it is
quoted correctly it is not only severe, but
so unjust that every man Of sense who knows
Judge Montague must blush for its authors.
The memorial sets forth that Judge
Montague is unit for the place.; "is a
politician, and no lawyer" Let his record
as Judge since the 1st day of April, 1875,
speak for him. In three years appeals from
his judgments and DEGREES have been asked
in eighteen cases. Ten appeals have been
allowed and eight rejected. OF the ten
allowed, eight are now pending, and two
judgments have been aflirmed-one by
Judge Hughes, and the other by the Vir-
ginia Court Of Appeals. (see Bunting Us.
Wise, 81 Grat., 144.) Thus showing, Of all
the judgments rende! ed and DEGREES pro-
nounced in three years, there have only
been eighteen considered erroneous by
counsel; and OF these eighteen applications
for appeal eight have been refused, two have
been allowed and affirmed, and eight are
=
u.s. Booker's rep, reported in 29th Grat., is
an appeal from decree Of Judge Garrison.
may further say that two important murder
cases have been tried before Judge Monta-
que in Elizabeth City counsel e!ecting this
COURT, and, while the trials were protracted
and tedious, the record will show that In
neither case was exception taken to the
rulings of Judge Montague. The case OF
Com. Us. Georgianna Brooks, in the Circuit
Court Of New Kent counsel electing this
court), indictment for arson, trial lasting
three days; no exception, as record will
show.
NDelavs answering questions OF law and
fact" and yet in the next sentence says
1. lacks dignity, giues kis opinion before
hGnG." 1t seems to me the last sentence
takes away all the force Of the first, even adj
uniting the first to be t7Be. No Judge can
withhold his opinion i'm q question OF fact,
and every Judge should we'll consider every
grave question OF law. Every one acquainted
with Judge Montague knows has easy, cor
tdial manner, and because he does aOtchooSe
20 assume the supercilious dignity which
some people wear by practice he is 10 be
charged with lack OF dignity.
.a Encourages instead OF sunpressing al
tsEeations between members ct the bar"
am advised OF only two alterations Of any
rnomant which have occurred in Judge
Mentagne's ciEeult since he has been upon
the bench. Tie one in Hampton; the par.
ties thereto were promptly fined. The other
in williamsburg parties fined and bound
over to keep the peace.
In addirion to what is said above, permit
me 10 add, Msssrs. Editors. that am ad-
yised that every senator and delegate from
the Eighth circuit endorse Judge Montague
for reelection save the delegate from Charles
City and New Kent; thai have taken some
trouble to inform myself. and shy, without
fear OF successful contradiction, that four
jiths OF his bar cordially endorse him; and,
i left to the people, eight tefaths would su p-',
port him, ali of which will appear by refer
sncs TO petitions sent last winter to the
Genera! Assembly OF Virginia.
This much trnth and the eradication 81 q
1stre EysristsGn gentleman have demsa nded at
ny hands, "A MEABER OF THE BAR
tor Eighth judicial circuit.