The sun. [volume] (New York [N.Y.]) 1833-1916, 1882-04-16
wit and Wisdom OF the Bench and R,u

dsmgeyed logic OF such later thinkers as Her.
| bert Spencer. NJ " III
wit and Wisdom OF the Bench and Bor
The little book called the "wit and Via
dom OF Parliament" published In Cassep,
Popular Library has been followed in the sam
collection by a compendium OF judicial and
forensic anecdotes put together by the Hon. F q
MoNcREIFF. In the small space at his command
the author has managed to collect some Of IN,
most striking and amusing instances OF lera.
readiness and acumen. and has arranged them
under different heads. so as to give certain
unity and cohesion to materials which would
otherwise appear to the reader a crude nass
OF disconnected incidents and sayings.
1t Is we'll known that some Of tho wiseu
things ever uttered by Judge were said bv
Bacon, than whom few men have had mora rea.
son to commend their precepts rather than
their practice. 1t was Bacon's father by tn.
way. the Lord Keeper Sir Nicholas (who wa,
| generally thought not to be so great fool a.
he looked) that had always in his mouth thes.
| phrases: You must give me time" and Let
US stay little that we may have done tn,
sooner" 1t is we'll known that Lord Eldon
regulated his own judicial conduct on the sams
principle. and that his delays and doubts were
in many oases exasperatng If not scandalous:
although Sir S. Romilly maintained that the
tardy justice of the Chancellor was better
than the swift injustice of his deputy" Lord
Bacon. as might be expected. supplies
the most effective statement of the arEl.
ments ON both sides Of this question. Thus
in ono place. he says that fresh JUS.
tice is sweetest" and in another Al
feet not the opinion Of pregnancy and eypedi.
tion by an impatient and catching hearing Of
the counsellors at the bar" The author Of this
book seems to think that Baron Anderson went
to the root Of the matter when he said Thi
is the secret of getting on fast. namely dis
cardng all the fudge and nonsense OF the case
and coming to the real point" But this was
not Bacon's idea. 1t is" he wrote. no grace
to Judge first to find that which he might
have heard in due time from the bar; or to
show Quickness of conceit in cutting of evil
dence or counsel too short; or to prevent in.
formation by questions. though pertinent Sir
Matthew Hale is said to have been perfect
Judge in this respect. According to Burnet
Tho did not affect tho reputation OF quick.
ness and despatch by u hasty and cap
tious hearing OF the counsel. He would
bear with the meanest. and gave every man his
full scope. thinking 1t much better to lose time
than patience" Among other memorable sug.
gestions OF Bscon's touching a Judges per.
formaDce of his functions may be cited the fol-
lowing: Draw your learning out of your books
not out of your brain" and Continue the study
OF your books, and do not spend upon the old
stock" To somewhat the same effect was tho
maxim OF Sir Henry Finch that " a lawyer ought
to read all the morning and talk all the after.
noon" AS regards the attitude Of the Court
toward a jury. Bacon's Injunction was: Be q
light to jurors to open their eyes, not a guide
to lead them by the noses" 1t would seem
that the aphorism. A wise man never gives
reasons" was accepted by Chief Justice Holt.
| for on one occasion he announced that judg.
| ment in this case will be for the defendant:
and, Us for reasons. there will be none"
Pertinent though familiar. is the story Of
Lord Mansfield. who cndeavored to reassurs
the Governor OF u West India island-some-
what dlsmayed by the prospect of assuming
certain judicial functions-with the sound ad.
vice. " Hear both sides patiently. then consider
| what you think justice requires and decide
accordingly; but never give your reasons. for
your judgment will probably be right but your
reasons will certainly be wrong" 1t is re-
corded that the Governor. acquiring reputation
| by following this counsel. began to suppose
himself great lawyer; but the first case IN
which he ventured to adduce his reasons was
instantly appealed against and there was
| loud clumor for his recall. The difference be.
| tween Kenyon and Scott was said to be that the
| former was obstinate. and gave no reasons
while the latter was obstinate too. but would
give his reasons. and very bad ones they were.
Apropos OF corruption on the bench it is
usual to excuse Bacon for his acceptance Of
brides by an alleged custom Of his own and
preceding times. Yet..a century before him.
Sir Thomas More acted up to tho morality
which he professed. so that son-in-law rue.
| fully complained that he missed the fees lie
might have earned by procuring introductions
| for anxious suitors. 1t is true that subornation
| ofJudgment was so much u matter Of course at
tho time that even More was accused Of nc.
cepting gilt cup from the wife of a successful
| Iitigant. But he proved that, after drinking
| from it, he insisted on returning it. Sir Mat
thew Haes desire to avoid the suspicion Of
| corruption amounted almost to weakness,
and u crafty litisant would manage to secure 0
| Judgment in his own favor by causing pres
| ent to be rendered to the Judge in his adyer
| sary's name. What strict views are now held
| by English Judges regarding even the inll-
ence OF eating and drinking on the adludi.
| eating mind may be inferred from the fact tAi
| the Queens Bench Division recently set aside
| an award in case because the claimant had
given the jury champagne luncheon.
| 1t is snot generally known that Jelreys, a.
though the most INSCRIPTIONS. time serving.
luu HltIbuNNl Judge WIlO ever SAT Oh lAe
English bench. was also one of the ablest and
the wttcst. His judgments delivered while
ho was Chancellor showed that he possessed
the true judicial instinct in civil CAUSES. and
even when he misconducted himself most
grossly as n criminal Judge. n VEN ot rdcy
nunOr ran through his brutal luvcciNrS.
thus whom Richard Baxter Was arragu"d po-
lore him for libel. We have had" SAID Jel.rcys.
to do with other sort OF persons, hut now va
| nave saint 10 deal with; and | SNOW w TO
| deal with saints AS well as sinners. luudtr
| stands Oates IN the piilory. and H. says he sui
| iGrs Tor the truth, and 81 says Baxter; bHt II
| Baxter did but stand on the other side OF tho
| pillory with him | would say that tWo ri lne
| greatest roGucs and rasrals in the klr@.om
sIood there Alter this impartial address
| tho tria proceeded, and BAXTER attic sh u
| urcly innocent OF thC charge brought against
! hlm was convicted. Chief Justice Holt OH fAe
| o'h"r hand, was -"dulOus IN criminal chu-r' 70
! carry out Bacon : maxim that, Specially II
cases Of laws penal Judges ought I" have ,1I"
! thal thhtWhlCA Wa meant for tororh" not urn.
| ed into rlg'r, Thus, when Il prisoner ~ ms
/ rial Tor II capital offence kept int"rruptlng me
| Judges summing M. Ho.tmcre V SAID ll.lf,
! tuit me rs much rs You please II you tlILhl
/ 40 not observe r!ght; assure you viii d. .'4
. No MrpnE Willingly la Lr-htur s. time y '.',
| as h" sad, the humane theory of the Lu.'rA
/ law That the Judge ought to be counsel IDl %
- . Ia 4 - lT q be- al