Omaha daily bee., 1883-03-16
Wakeley Takes His Seat
on the Bench.
And Delivers q Brief but Inter
esting inaugural. ...
Numerous Court Items Gathered
Yesterday

the district court.
Upon the ~convening of court Judge
Neville asked Judge Wakely to come
up and sit with him behind the bar,
and then introduced him 10 the mem
bers present as their new judge, and
asked him IT he would say anything to
the couIt. Judge Wakeley rose and
said that while 1t was not customary
to make o speech on such occasions,
he would address a few words to those
present, and thereupon said:
Gentlemen OF the Bar:
Having taken the oath of office
under my recent appointment as one
of the Judges of this court, 1 am now
ready to enter upon official duty.
With permission of the judge pre-
siding / desire to add to this state
ment q few words. / know that il Is
not usual-possibly it may be unpre-
cedented-for an. incumbent to. speak
from the bench of the circumstances
under which he has been called to it.
I choose, however, to-day, to follow
the strong promptiDgs of my heart,
even though 1t shall violate unsgs,
and thus publicly express to the mem.
bers of this bar, collectively and tndi-
~vidually, my grateful recognition of
their united and most generous action
which was potential In calling me to
this judgment seat.
Fifteen years of personal and pTo-
~fessional association, and of sharp con.
tention, at many times, In the strug-
giles of the law enables them to know
me we'll. That they we're willing, IN.
sought, in reliance on my fidelity, dis.
erection and impartiality to commit to
my judicial keeping and determination
the weighty interests and rights rep
resented by them was q testimonial
which deeply moved me, and which 1
regard as among the most valued of
my professional life. Yet even this
brings to me also its burden. I con
say to you with great sincerity that
what most oppresses me at this no.
ment is not the apprehension that !
shell be unable to perform the, dulles
LOT this office reasonably we'll ror tlat
l shall ind it difisu NE zen to
them consoientiorsly but ttssi III
shall expect more Of me than this, ]
shall be compelled to disappoins you.
If l shall be able to meet all your Just
expectations and reasonable require.
ments IL will be an ample reward. II
l shall fail to do 30 l shall have reason
to feel that the ieeting honors of this
place have been secured at too great q
cost.
We all recognize the due relations
of the bench and the bar. The court
has Its solemn duties, and its Just and
stern p~rerogatives. These duties must
be performed; these prercgatives must
DO maintained, or the court fails to
keep itself on the high level of it's
ordained and constitutional functions.
The bar has It's rights, its duties, it's
privileges. l have been of it, and
with 1t too long, L trust, to overlook
this. l hope l shall not remain on the
bench long enough to forget 1t. Yet
when these rights have been accorded,
and these privileges enjoyed, In the
full measure of right and approved
custom, and the question goes TO tho
court for judgment, such judgment,
given In duty and in conscience, de-
serves, and from the fair minded law.
yer will command respectful a;quies-
cence, cost what 1t may to his cause
aud his client. For myself, / can
promise you only a faithful and hon
est endeavor to walk with judicial
rectitude in the path of the law,
lighted by justice, lead whereaoevor
1t may.
l am fully conecious that no court
Ia independent of the aid furnished by
the learning, the research. the trained
logic, and mstured thought of tho bar.
OF these aids I shall always be most
glad to avail myself.
Finally, gentlemen, 1 shall be
z ,alous, In cooperation with my ju-
dicial associate and yourselves, to do
my full part In the effort to reduce
this docket of unreached causes which
confront us term after term, and
bring Justice somewhat nearer to the
suitors In this court"
Following this came the calling Of
the docket to find some cases which
could be taken up by consent Of both
parties at once, the council chamber
having been secured for Judge Wakeley
to hold court in fer the present. a
very large number of cases were called
over before one was found that could
bs taken up. This proved to be the
case OF Preston va. Riepen, up on
error, with Kennedy and Goodwin for
the plaintiff, and Rsdick and Rediok
for the defendant, which was the frst
case heard by Judge Wskely under
the new dispenration.
Next Monday Judge Wakely will 60
to Columbus to hold q term of court
for Judge Post. Judge Neville holds
the SArpy county court next week, and
upon I'D iourning Saturday the court
here will adjourn until a week from
next Monday, at which time both
judges will resume the trial of causes,
aud business will be pushed with
energy and vigor.
wARREN's CASE.
The trial of w. w. Wa yren on tho
indictment for obtaining money under
false p~retences from the b. g. M, rail-
way company, by means of fraudu-
lent road tax receipts, resulted We'd
nesday in his acquittal, the jury
being instructed by Judge Neville to
return q verdict of not guilty. I'm
mediately after the conclusion of the
above case the trial of Warren on an