The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1882-06-02
An ABLE ADDRESS.
JUDGE DEAN ON 1.-THE JUDICIARY" AT THE
DEDICATION OF THE NEW COURT HOUSE.


week It is indeed well worthy of the mas
I ter mind from which it emanates:
Corn, it is said, never grows in the shade. To
tenins to our venerable friend M. Johnston will
be expecting too much He has. in his inimltably
pleasant way given us legal and judicial history
Of your county. in which he has carried us back
more than three quarters of century, and pointed
out to us along the way the landmarks and pleas
ant places the successive steps by which you have
arrived at your present stage OF progress. After
he has entertained US so well It is not to be ex-
pected that should 20 into your judicial history,
or speak OF the Judiciary in any lengthy or elabo-
rate manner. of course it would be entertaining
to me- and perhaps to the gentlemen of the bar,
my legal brethren, to trace the judicial history Of
the English-speakng people from its earliest be-
ginnings but this is not the time for that and SO
l shall endeavor, in go far as say anything on
/ this occasion. to speak only Of what Gen McDon-
AID in his opening address, stated to you
eourt-a place where justice is judicially admins
1t is proper on an occasion Of this kind inspired
by this magnificent building. by its architecture.
by everything about it calculated to answer the
purpose for which il was erected. to speak of the
duties which devolve upon part OF the Court.
In speaking OF the Court do not mean the Judges
alone, but also include the iurors and the law
yers-those officers of the Court who hold their of
hces during life or good behavior as has been said
by our supreme Court. We all form part of this
Court. which is in future within this building to
judiclally administer justice and there nothing
more appropriate than fOr Us, AZ this stage to
II possible to arrive at Just appreciation OF them
have spoken Of the Jury as forming part of the
pie are not apt to think cf the efficiency Of the
Jury. and how important a part the jury bears in
the administration of public Justice: and / may
say you that administration Of public Justice
/ never rises higher than the average conscience
so you will have the verdict. .
/ It has been said by some writer that the whole
sum Of free government IS embraced in the idea OF
/ twelve men in a box. That this is true may be
/ doubted. but that trial by jury is important
/ part of free government cannot be questioned
The twelve men in the box decide every material
disputed fact In nearly all actions arising out of
the sale of goods or regard to the price OF work
and labor, where there is special contract. the
Z Jury determine what the goods or work Is worth =
]
I measure Of the value Of the commodities Of the
claimant in the issue. So also in actions Of tort
/ the aHonnt Of damages is always for the Jury
I They determine what will compensate the plain
/ ttf, where he has been wronged. and where exem-
/ plary damages are allowed the Jury determine
how much will punish the offender and deter evil
/ disposed persons from committing like ofenses.-
/ SO. also in transactions where fraud Is alleged
the jury determine whether there is fraud or not.
As has been said by our Supreme Court, fraud
depends very much on the conscience of the man
/ who looks at it, One man will see fraud where
. other secs only sharp business transaction and
so, through the whole range Of actions which
tried in our Courts involving disputed facts, the
I twelve men In the box, by their Intelligence and
/ their conscience, fix what will right the wronged
party and what win punish the offender. So. also,
( In criminal cases much depends on the lnteil1-
gence and conscience of the jurors. You NAV say
the Jury find the facts from the law and the Court
lays down the law to thelury; but the average IN
{ tellgence and conscience Of the jury in many
cases either override or evade what they consider
harsh or unjust law. Less than a hundred years
ago. in England. the most trivial larceny was pun
/ ishable with death, and man would he hung for
( stealing LOAF OF bread OF coat suppose our
I Legislature, at its next session. were to pass an
I act declaring larceny an otfense punishable by
I death. and a woman were indicted in your new
I Court House here for stealing a pair OF shoes
Let the law be properly explained by the Judge
from the bench. the evidence being clear, and the
go TO the jury. In ninety-nine cases out of a
hundred the Jury would acqult the defendant. no
matter what the proof was. The average intellt-
/ gence and conscience Of the jury. being higher
[ than that Of the Legislature which made the bar
barous law, would override It or find some way out
( of the dilemma rather than administer the unjust
[ law. 30 may say IN the whoIe range OF ludlclal
I admi ministration very much depends upon the aver
age intelligence and conscience Of the Jury and as
you secure intelligence and conscience on the part
of the jury you secure Just and impartial admin
I tsTration Of your laws
Judge Dean then said that he did not
speak in this manner because he was dissat-
/ isfed with the veTdcts of iuries generally
! On the contrary, he said he believed in the
( general correctness and truthfulness of their
verdicts In his judicial experience of more
than ten years in this district he had taken
more than a thousand verdicts and had ONLY
. set aside nine of them because they were
! against the evidence, and he had not felt in
I clined to set aside any of the remainder.
/ The speaker then proceeded to the discus
/ sion of another branch Of his subject as fol-
/ lows
After briefly adverting to this part of the Court
speak next to those officers OF the Court who hold
yers. No class OF men, and no profession has such
I gal profession There are but few laws upon our
statute book put there against the protest Of the
/ legal profession. Time and again the passage of
unjust laws has been attemnted hur whom mot hr
the indignant protest Of the lawyers the I.egisa-
ture has hesitated. wavered and fallen back. An
| enlightened Legislature cannot put upon the
statute book law which is decidedly obnoxious to
large majority of the legal profession. This be-
ing the case does it not suggest itself to YOU my
brethren. and TO all Of US that should endeavor
to maintain the high character OF the legal pro-
fession aud see that it has the coincidence sInport
/ and respect Of the public. 1 am not one Of those
who lament what they call the decay of the legal
/ our profession, grand and noble has been its
now that emInence ii individual lawyers which
! absence which
some people to say that the old lawyers have
Z passed away. and there are none like them 1t is
true that some fifty years or more ago LAWYERS
were more talked about, and occupied probably
more conspicuous position in the eye of the public
but there was but little law then, and we must re-
member the opportunities the gentlemen of both
bench End bar had at that time. We must remem-
Der that the law in its application at Ieas 10 mar
tlcular subjects Of contention, was then new. The
/ lawyers Of that time reasoned and had to rea son
from fundamental principles. and from analogy
omtimes- and there were occasions and opportuni-
ties for the display great legal abilities They
settledthe law then: and now our professional duty
consists mainly in the drudgery Of resea rch-not
10 reason from principles but &C drudge in our on
ces over the volumes upon volumes of decided
eases and see how our particular has been de-
clded. mat Is our main duty. and we scarcely
ever have case which has not been decided some
time or other in one Of Courts: and therefore
opportunities DO not now exist for that display or
profound legal reasoning which existed at the time
our earlier lawyers attained their reputation.
wonderful amount of legal acumen was displayed
IN the construction Of pleadings. both criminal
sL aLu ,tGINlI- now our statute of amendments and
the liberal decisions Of Courts allow almost
any amendment to nearly every form of pleading.
anu hehce legal acumen is no longer necessary in
This respect, and is longer displayed: for when
an objection is made to the form of a pleading n
the court think 10 is good, there is a motion To
amend, and that is the end Of it. SO am moi one
o. those who lament the decadence of tbe profes-
SION. l believe that to-day the profession is as
able. Is diligent and as conscientious as II ever
"as az any period OF our professional history
. Allow me to say, my brethren that your mart IN
Ihe administration of justice here is often far
more important and far more effective than vou
KNOW OF You cannot know, as know, how much
S aau a ISHyer Is 70 Judge Take, for example
case which is at issue and is called for trial. a
question involved, and probably the turning point
IN ihe case, is doubtful law point. The Court is
Undecided and embarrassed. and the LAWYERS on
each side. after careful preparation present EARN
esty- zeaiousiy and ably their respectfye sides o
the legal issue. The doubt is gone in a moment
rom the mind Of the Court. In nine ceses ont ~
ten where case Is well argued the Court ,5onbts
are resolved, and satisfactory decision is be5
not satisfactory, of course to the lawyers on bot
slqes out satisfactory to the Court
-, Let me call your attention to auother thfpo In
the edtn nstraton Of justice in this building Won
must maintain. as you have in the past thaf MI
OF the oath which declares thar Won nus+ a., I9.L
due fidelity to the Court as we'll as 70 vo,,r c1i.
Ihere is nothing which so much aids a Jud1e ~
decide clearly as the consciousness that the Iaw
Sib "I9 m Is arguing the case before him acting
Win all due hdelfty to the Court A dfstfnVufsh
eu common Pleas Judge told me not long 20 Of a
@ e@LIcuhst4hce that happened in one OF the country
towns not hundred miles from here He was
nearing case argued before him. and an aminant
lawyer. one who had grown gray in the profession
MADE most able argument before him on a very
knotty law point. He did not have his hooks
there Dut ne cited from his brief several sufhorf
ties which decided the case in HIS IA vor a-aj
ne gave the page Of the books and the nav sS ~
Ihe paIIies and seemed to have clear case as the
aulhorites cited decided the case in his favor
without question. The Judge felt that he mir.
Just as Well enter Judgment but il srrucL hi m h =
Nouiu Hrst examine the authorities. and on doing
50, 70 ms aStontshment and Indignation he could
a OF hay n