Arizona silver belt., 1883-12-29
A Criticism.

While the sen tence of the court in the Mover case is generally approved, the remarks of Judge Sheldon, in connection with the final judicial pro- ceedings, are far from meeting the public appreciation, and are regarded as ex-cathedra and better unsaid. The part referred to as objectionable, un- der the trying circumstance of the prisoner, who by his position was un- able to respond, is not regarded as creditable to the bench. It is conce- ded by many that Mover was g,-ilty- of higher degfee of crime than that adjudged by the Jury, but, neverthe- less, that gave the court no license to apply such words as the following:
 Ut was a cold-blooded, cowardly assassination, and in the manner ofits conception and execution would have done credit to a Russian Nihilist or an Apache Indian. It is misconception of the legal definition of the word to term you murderer. You are daS- tardly assassin in the eyes of the law, and if there were a provision in the statutes of thls Territory regarding assassination, you should have been indicted and tried for that crime"
 A judge must, of course, be man with the feelings and passions of oth- CT men, yet prisoner is not brought before the judge alone. but before the court. Over this court the judge pre- sides, and it is his especial duty to see that the provisions of law relating to such trials are carefully observed. Where, in such cases the evidence shows the commission, by the prison CT, of a deliberate murder, 1t IS only natural that universal indignation should be felt regarding the offense and the offender; but this feeling should never be manifested by the judge during any part of the proceed ings, or while there is possibility of his being called upon to act officially in the matter. Whether we'll founded or not, general opinion might possi- by arise that remarks such as those above referred to, were prompted by a state of mind which existed prior to the return of the verdict by the jury, and while the case was yet on trial Such condition of affairs would add neither honor to the judge, nor digni- ty to the court
 Besides in the case under considera- tion, as in all similar cases, an appeal to the supreme court is a matter of right; this not only for the purpose of examining the proceedings in the par ticular case appealed, but also to se- cure a uniform construction and ad ministration of the law; which latter result is a thing that concerns the whole people, and hence they have 6 right to demand that the questions submitted to the supreme court shall be considered and determined by that body with reference to the facts and law only, that is, without regard to the person to be affected by the judg- mont. Under our system of laws the three district judges are the justices of the supreme court, and it sometimes happens, even under such system, that, on account of irregularities in the trial of a cause, or for other reasons, a judgment is reversed and the cause remanded for new trial. In such an event, although it might not be a ground for change of venue that the judge, in the former trial, had shown strong feeling against the prisoner, yet we imagine that his regard for the office would prevent his presiding un- der such circumstances.