, 1879-05-22

Notho 4Aet7 Ill 0ASAL4.lHIEHH TuDllG
life ought to bo kept IN mind. II it shall
arponr that he has nlwaya boon bttor par
tiBau, thoro will 10 10 ransom for cxompliug
him from tho penalties Of partisanslip. II
it shall nppoar, further, TINT ho has exhaust
cd oil Tho qnibblos md tochnicalities Of tho
law to protect criminals, There will 30 no
rcason for making his knowledge Of Inv a
claim Oh tho confidence Of good oitizens.
Judge a1oA11rsTEn is by temperament and
disposition q hot partisan. Ho is pnrtisan
in politics, partisan In religion, md O par
tisan IN Inv. lie espo,,ses with warmth
ovory causo In which ho takcs an interest.
1fo divides public questions roughly into
right mud wrong, md chooses for himself
what ho concoives to DO right. Hia mental
organization prevents him from aco-
ing that his division Of tho sub
joct may DO erroneous; that ncithor side
ia wholly right or wholly wrong; TINT
part OF tho wrong whicl, ho sec8 in lis on
pouonts ID really due to his own want of dis
elimination or his own passionate conyIc-
tious. Though Judge aIoAL11sTEn las been
many times elevated to high otllos by lfb1
publican votes, ho hns romained always m
artlont Democrat, prepared, If nood be, to
inako Facrificos to his party. Though ho
judges people OF all religious fnitl,a, ho
ofil1iatos closely only with pooplo Of ono
fa!th. Though ho hollis oiilco under tie
Constitution OF Illinois, and ia appointed 10
administer tho statatos in pursuance thereof,
lo loses no opportunity to multiply mud SUBJ
ysrt them by fnc.spua judicial decisions.
On tho Bench 1t has boon vol said, 10 is
lawyer. not a Judge. IIo Jumps at tho
lnorits Of case, and arguoa them IA he cor
ceigca them more skillfully than The counsel
employed for tla purpose. His tolnpera-
mcnt does not permit lin to confess, oven
to himself, TINT the other sido has any law.
amy Justine, or any decanoy 10 pload in it's
behalf. It Inns not, to lis mind, cyon M
apology for existing. It is impudont, sopl,ist-
ical, aud weak. Tho violence which llo con.
coivcs agninst 1t ho sometimes imagiues It to
10 directing against linn and le condemns
1t on That account M being o1ctol aud COLI
trolled by popular c1amor.
III trying crininM casas Jntlgo 1IcA1JuY-
Tgn hns several tllnes exhibited Ills partisan
shin, but 1t is mistake 10 suppose TINT 1t
ia characteristic Of him only at such times
It would 10 very surprising II Judge who
was habtnal!y partisan in trying ono class Of
casos should bo hnbltually fair in trying an-
other class Of cases. Nor Ia ii truo TINT
Judge AlcA1L1sTEn always takes tho silo Of
tho criminal. Ho Is apt 10 tlo 10 when tho
oifonao Is particularly fragrant, as In the case
OF SULLIVAN, mud when public opinion is
running strongly against the ncousod, but
whero there IL no excitement or no defense
ho may be oqually partisan Of tho law, aud
sontenco 10 long terms men aud women
charged with potty ofFensos, Or juyoui1e Of.
fentlors who llayo neither nge nor oxperienco
to oxcuso them.
Tho pooplo know OF Judge bloA1L1srEn
principally through his conlnck In tho Sui
11vAs trial, When by his yury able charge on
beha!f OF tho priuoner, aud his very ablo
neglect to charge ou bollalf Of tho prosoou.
tion, and his ingenious interruptions mud
rulings, no caused the act1littat OF Nh asaas-
sin caught III tho net 1t IL now gonorally
a1tnfttcd t!lat Judge aIcA1L1sTgn'a law, aa
cxpounsled III th!a case, was ~ bad NJ hia
tasto IN expounding it; but will. TINT we
llavo nothing to tlo Our purpose ia simply
to direct attention to The faot that Judge
hoALI1sTEn's partisansAip IN thls trial was
thoroughly characteristic. It had beon
exhibited before in his granting Of super
scdcases from the Supreme Donoh and, what
Is far moro to tho purpose, wo bolIoyo it will
DO exhibited again it ha Is ro.elccted Judge.
We do not impngn tho honesty Of Judge
A1oAL11srzH, nor deny hts great ability as
lawyer, nor demand TINT he bo punished for