Daily Los Angeles herald., 1884-04-24
Why 1t Was Postponed.

EB. HERALD: Under this caption the
following article appeared ia the Esening
Express Of this city:
The Downey Signal complains that
the criminal calendar Of this county was
recently postponed two weeks by our
new Superior Judge. II. NJ. Smith.
There was good reason for it. Judge
Smith assumed the judicial toga after no
business had been transacted for some
time and found an immense docket,
some of the cases Of which were set so
close at hand that they all had to be
postponed, so that one jury could try
them all. In addition, Judge
Smith transferred the probate bust
nsss--ths most lengthy of all<
from Judge Howard's Court to his,
giving his Court nearly all this work,
which had to be attended to. Judge
Smith is young and energetic, while
Judge V. Z. Howard is getting old, and
while he occupies the Bench daily, is by
no means able to transact the labor that
he has so many years ably. Many of
Judge Howard's friends wish him to re-
tire from the laborious duties of the
Bench and spend the remainder OF his
life in ease and comfort.
In the first place it is not true that
when Judge Smith assumed the judicial
toga he found an immense docket. The
criminal calendar at that time was quite
small and composed, with two or three
exceptions, of new cases. The civil cal
endar was quite incopsiderable, as Judge
Hines had very short time prior 10
Judge Smiths appointment disposed Of
most of the civil cases Heretofore pend
ing in that department. The criminal
calendar was continued solely because
Of my sickness. was too unwell to try
any action personally or to give such in
formation to anyone else as would en-
able the discharge Of that duty by an
other. | have personally attended to
every criminal trial which has been had
in the Superior Court since the com
mencement of my official term, and have
generally succeeded in bringing accused
parties to trial within a few days after
the commission of the offense charged,
and in the present instance the continu-
ance was not only unavoidable, but none
of the defendants objected to it.
Again. the assertion that Judge
Smiths Court has nearly all the work to
do, is mistake. The probate business
was changed simply because Judge How
ard had been doing fully three.fourths
OF tine work of both courts, and he and
Judge Smith agreed to a Redistribution
of business, by which the work was al.
lotted, as nearly as practicable, one-half
to each. / might remark that even
when Judge Howard was actually tran
sactipg so much more than his share Of
the judicial labor of this county he al.
ways kept, as he now does and will con-
tinue to do, his docket clear, unless
where the stipulations of attorneys may
prevent. Besides, he is now compelled
to transact the appellate business from
Justices Courts, work which until lately
was attended to in the other depart
ment. As far as know, attorneys and
those most competent to Judge concur
that the departments Of our Superior
Court have mutually arranged their bus
mess in the best possible manner.
II any one is to blame for the post
ponement Of the criminal calendar ! am,
but the community can rest satisfied
that ! will not got sick again II ] oan
help II. STEPHEN NJ. Wmrk.
April q 1854