Sacramento daily record-union., 1883-09-20
tgeAA INTELLIGENCE. {.
TNsrRucrIoNs no JuRIEs.
Decision OF Interest TO Lawyers, as Chang
ina Present Practice.

Decision OF interest 20 Lawyers, as Chang-
ing Present Practice.
In 4 written opinion fled on deciding the motion
Tor new tria in the case Of Andrewsvs Runyon ct al
Judge Mcfarland, among other things, uses the fol-
lowing language concerning the right Of attorneys
to demand written instructions to iures aud which,
ii sustained by the Supreme Court. will have
benel ,ent eject In practice:
uisurged that the Court erred, first, In not pass
ing upon The written instructions ssked by defend
ants, and second, in not giving them. The instruc-
tons were marked refused; !" but the first reason
given Tor tae:r refusal that they {" too
reasonably numerous and long for the Court TO
critically examine them"
The main and only legitimate purpose Of Court
In trying and deciding lawsuit is to do justice
legal justice Of urse-to the parties to that suit.
II is not it's duty TO lly down rules for the supposed
benefit OF other parties to future suits to under
take 10 deal in nice distinctions, delicate definitions
and abstuse legal points not necessary 60 the deter
mln5tion Of the case IN hand. And particularly
should these things not be indulged in where they
would take the SHAPE Of instructions to jury.
When q case is tried with jury there generally
. few questions of law involved about which some
instructions needed but experience shows that
no Instructions influence the jury except those
which are PLAN, clear and papable, and
directly Applicable to the case on trial.
Subtle statements and shrewd distinc.
tions either have no effect on the minds
the lufDIE or nave Lil5 eject OF tne0l
"Sptting the weight of things upon the hair
bresdths OF words" as the Cid proyerb has ID, may
be useful training for amateur dialecticz but is
out of plaea before jury sworn in AZ Court OF jus
tica to truly try and determine the most important
rights which people have or claim. And over-cx-
planning comDcates what was simple and muddes
what was clear. Instructions OF the kind indicated,
while they have no influence on the verdict, and no
tendency towards the accomplishment OF Justice
frequently cause taSi prts Courts, the hurry OF
the moment, to commit abstract errors, on account
Of which expensive trials granted, and great
Injustice is done to parties who had rightfuY won
And such result is, indeed, frequently the purpose
Of counsel for the weaker c;use in asking such in
5tTuct oBs.
While therefore counsel have the general right to
ask the Court pass upon such instrucionsas they
deem correct and pertinent, that right must be
limited 70 osonable bounds OF breYity, ce1rness,
sig.t taiion 70 the understanding Of the jury, and
: ,bitv TO the at bar. Counsel ought not
70 o. allowed to compel the Court, during the prog
ross Of the trial 90 unrUvel mass Of complicated
propos ions valuable only abstractiOrs or to over
Whelm IL With such repetitions Of recognized prin
cpe in variable Rhadings OF language, to require
long and critical examination to determine whether
or not the boundary of error has been or ssed
Courts Bre maintained to do justice between plain
people who c5me TO them rs sultors, not TO de-
ternine learned disDustiona, IN artificial reasoning,
eonceraing unimpJrtant distinctions about which
Jurors know nothing and counsel and Court fre-
auent-y only guess. Even when the instructions
asked 10 themselves correct still the court shou
not be compeled to read g law lecture TO the jury.
70 c1ucede to counsel the right to have an uni d
Ouuber Of instructions examined, s to take away
from the Court the power to control its own pro
seedlings. and 10 determine what is orderly and
proper in the conduct Of case before 1t.
C.lrvpun si1ssrREls To.sIeHr.-There is proba
oly at the present time no troupe whose fame in
rninstrolsy cqu,ls that OF the Calender Georgia
Ministries. who engags gsmert commences at the
Metropolitan Theaier this evening They arrive in
lhe city at Rosn, and viii Immediately give grand
street parade The number composing the troupa
e. sufficient for A small regiment, and all have parts
In the uerfornancs Of the company when upon the
stage and none are given in other than superior
manner The present troupe IS not the one OF the
eame name which appeared here some time SINCE
but is larger part OF the sle company tue troupe
being divided into two formidable sections, but ur-
der the same general management. The peri rm-
anoe this evening can be best described by saying
that the ulo. IS without form and void, and that
a stage fuii Of end men will be let loose upon the
audience regardless Of the Insecurity Of buttons ol
heminOT oOnaiderations. The evening closes with
the roaring farce Of 1.-THE Dudes Ball" which
should be witnessed By every dude, as it wil be
most fsithEal reproduction Of that much renowned
specimens accomplishments The engagement O.
abe troupe vii continue tomorrow aud Saturday
evenings, with Saturday matinee, Box sheet IS nov
open.
FLOWERS SHIFTED TO Nsw YoBK.-Last evening
two very beautiful aud costly floral tributes wert
shipped by express from this city to Woodstock
Madison county, New York. The pieces were ar
ranged by Ebel the florist, and by the order OF {
brother Of q man who recently died near Gait
They were seat TO an invalid sister Of the deceased
she having requested TO see the flowers that wer'
placed on her brothers grave at the time OF th'
funeral The pieces forwarded were as near a fA
simile Of these as could be male. Cut flowers have
been successfully shipped from California to Chica-
20 aud to 81. Louis, but this is believed to be th'
FIRST attempt ever made to send flowers as far Eas
as New York State.
MIXING CoErAxY-Tho Grizzly Fiat Mining ant
Milling CoHpany. OF San Francisco filed articles Q
Incorporation yesterday with the Secretary 0
State Tae paspose for which it Is formed ia to d,
q general mining business in Grizzly Flat Min nj
District. IN N Dorado county. The Directors are
John Melton, ef Grizzly Flat; J. W. Pew, Of Sal
Rafael; Il II. Day, James a Day and John rordes
Of San Francisco. The capital stock is sl,00o,0eo
divided int 100000 shares.
FINE PKAsass.-A box Of fine cling peaches wer
shown at this Office yesterday by c. NJ. Silva OF New
castle There were none Of them less than tei
inches in circumference, and several OF them eX
seeded tTclVe inches. They grown at New
castle By. George L. 1hrelkel. Newcastle has re
gently betome one OF the largest fruit shippin
points the eaas', snd none but rult Of the laes
quality is grown In that vicinity.
IvpEPnnEzcs oR CHlIa.-w Wednesday evening tn
Chileaas Of this city celebrated the anniversary G
kheir in nispendencs with grand ball at Front an
p streets About forty gentlemen and as man
ladies assembled, good music in attendance
and all went of aa merry as marriage bell E. J
Leaver and - c. Moreno were masters OF cersmo
mics.
Potics cossT-Iu the absence Of Judge Henr
vest rday Judge Gi,ner presided. John johnson
for burglary Vas held to answer to the superio
Court with ball fixed at $500. Charles Brown,
0arrotter. vas held to answer, with bail fixed o
$1,000.
THlr SLArz.-At l9 o'clock Lass night the inquisi
tive reporter found the following on the slate at tn
station house John Duifey. drunk; Frank Rse
and Joseph Fry, stealing socks from Camp Bros
store on street.
AeArS the community ia alarmed. an
what is the causas Simply that they ar
sailing ehiidrsn's spring hesled shoes, wit
worked button. holes, for 81 per pair, at tn
Red House.
NABoHis the best whisky in the market. an
Is recommended by physicians for family Use.
AS WE ore ever anxious Of informing on
customers when we have extra bargains, y
Svou,d can your attention to our ladies' clot
a15 lssther buston shoes. sll sizss. which "
are selling for 81 80. az Red House.
For purity, 51yaess snd exquisite bouque
Eclipss Extra Dey challenges the world.
: %AfFs's finished lambs wool socks-job lot
a5 cents per pair to-dsy at Rad House.
wKHE AL Osh-r remedies fail, then Try d.