, 1879-05-22

JUD0A X'ALL1srER-sHALt HE bR RE-ELROTED3
70 ths Editor NJ 1hs Tribune.
CHICAGO, May 2t.-Whnt was said in my let
ter OF yesterday With reference to Judge Neal
listers practice Of giving Instructions drawn BY
himself ia not TO be understood as Implying
any dtsapproval OF the exercise Of the right
that our Judges have to instruct iurlcs Of tlcir
own motion. Not only is this their right, but
very often II 10 their duty. lndcca, II would be
decided improvement II our Judges were re-
QuErcd In every case to draw all tho Instructions
themselves. There would then be ilomogc-
ncJus, n&clliCtblc charge to the jury, laying be-
fore them all tho law applicable to the case, ard
settling It forth Ia 0 lucid, orderly array oi
words we'll fitted for their apprehension. Un-
der tho prcaent system It too often happens
That tho two sets OF conflicting Instructions,
drawn by opposing COUNSEL I'll Tie Interest OF
their respective clirnts aud mechanically delav~
cred by tl,e Court to tho Jury, involve them 10
lno1tricablo confusion, u.ld are productive OF
muru harm than good. ..
Judge Gary, II tho Superior Court often. re-
fuses nll Instructions OF council, mud ~ their
stead tlrnws one OF his own, cmbodytAE the low
for both sides In lauguago 60 clcar, terse, and
strpple tint 1t Cannot BE- misunderstood by the
Jury, aill really assists them IN thcir lahors.
Such practices Is co1nmcndablc, and u judge
What be doca Is far different. lie docs not
seek to harfnonlzc the contradictory conun-
drums evolved by tho lawyers, or to mold
them Into ono consistent whole; on tie con-
t,is opinon should win, hc In addition to the
| Instructions proposed BY counsel, conlposes one
| himself which absolutely colAueis The jury to
lind 10 favor Of the lucky party whosu cause tic
Judge Inns unconscIousy cspoused.
In Vol. / Of Dradwullfs Reports there IL pub
lishud MI opinion rendered by tse Appellate
| Court, wherein they rcvrrsc ono Of Judge Me-
Al'!stsr's decisions. Ths case Is very simple,
length to which Tie Judge viii 70 in bis adyo-
| cacy OF the interests Of one Of tho parties to
suit. It was IN effort to recover thu value OF
| services whcro no arrecment had Dcen made ns
judge permitted the defendant to. testify to
| what he had "heen told by third party the
| pluntitt would probably charge. lie ovcrruied
The objection To thfa hearsay uviaenee, denied 4
| them iu an instruction drawn by htrIlacIf tl'a.
although the services had been performed b,
the plaintiff Without any knowledgc on his .paFI
OF what the defendant claimed to lRvo been
By tho tnE party yst; no. ,,. tc plaintiff
tbnn what tho th!rd party Ind said he wou|d
| probably charge.
Had tle judge been as clcar.hcadcd "a he un
doubteAly Is wien FREQ from bias or prejuoiec
he would not have given this Instruction.. Yh'
ycrtest tyre 10 THO profession knows that It Il
not tho law. aud Is rspugnant to tic most &c
mcntnry principles. Tllo lnJusttce of tic rulinl
Is hppaTe1t to 0fcfY pera0n, pe ~ lAW5ET Qr noL
Then, how catnc the learned Judge to dclive
himself of such bad lnwl Simply BECAUSE h
Ind conceived prejudice, perhaps we'll found
ed, against tl,g PLAINTIFF allA IN consequence HI
mind lost It's balance, and he be!oyen that to b.
the law which was most effective In beating TIL
piansin.
Tile uut]tness Of the Judge for the Bench b
reason Of his partisan disposition is we'll know
TO the Chicago Bar, or ut least thosa 'nclmber
OF It who have ierivrl all advantage or suireret
an injury therefroM. Both tlle former a',l I'll
latter are agreed that br 10 IN dangerous man
tsuci is thu phrase tn voguo) to try ease before
The lnwyers best acquainted with his pccultar
lies und tdiosYncrascs are pretty sure, at SOU
stagr Of the trial, to excite his prejudice or IT
against their opponents, utld, Ms soon as t!'e
i1ava succeeded Ia this, tho result OF the b1iit
q iorcgoue conclusion. Tins disposition, tot
ts growing On tho judge, md ia constantly bt
coming mora aud moro pronounced. Tic In
been told 40 often that be Ia AL able tnau (wll!c
he it) tint he hns como to 0YEt-cst!tnatg A
abilities, us,l believes himself to be a sort {
! seco.ld Lord Mansfield. IN wa,ose Judgment
there can bc no error. Posscssed, rs ne Is, OF
solnewAat Imperlous will md arbitrary natur
It Is not so 10 denied That he, Of nll ncn, Shout
bu the very last To be intrustea With the del
cate functions OF Judge. BHuTus-