Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-06-28
A Word 20 the Judges


To the Editor of the Dispatch:
As judges are servants of the people
it may be we'll to look into what some
of them are doing in the matter Of tax
receivable coupons.
No great while ago batch of these
cases were tried in the Hastings Court
of this city--Judge Atkins--and the
jury was hung some three or four
times. Thereupon the Judge discharged
that Jury and empanelled another.
Later-after the Cluverius trial
Judge Holiday, Of the Chancery
Court, sat for a short time in Judge
Atkins's place, and in the trial of the
coupon cases instructed the jury to find
for the taxpayer. When, on last Mon
day, June 22d, Judge Atkins resumed
his place, and the same jury appeared,
Mr.. Wyndhsm Meredith, the States
counsel, moved for new jury, upon
the ground that the one then serving
had, in deciding. the cases under Judge
Holiday, committed itself to similar
decision in all the cases to be submitted
to them since they all depended upon
pretty much the same testimony. He
argued that, as the Judge had dis
charged the hung jury in the first
named cases, he should discharge this
one in these latter cases.
But this Judge Atkins refused to do ;
and said, in the presence of the jury,
that its finding for the plaintiffs was
right in the other cases; and that there
was, therefore, no reason, for change.
He added that he had discharged the
hung jury because y one Of them was a
crank HE might, by the same
token, have said two. 1t did not seem
to occur to the learned Judge, though
modesty at least might have suggested
it, that possibly he was the crank him
self. The facts would appear to JUS
tify q suspicion of the kind; for
in every case the weight OF
testimony was on the side OF
the State The law requires that the
coupons shall be proved to be genuine.
But only one witness, Mr.. Ssaton Tins
ley, the deputy treasurer, q very
respectable gentleman, testified that
the coupons were genuine while on the
other side, Mr.. j. S. Rady, who had
been clerk in the State Treasury Office
for twenty years, and was very familiar
with coupons all that time, testified that
no man could tell genuine from coun-
terfeit or spurious coupon when it was
detached from the bond; because cou-
pom has no written signature, but only
an engraving or facsimile Of sigma.
ture; whereas the bond i,self has two
written signatures, which Can be iden-
tilted. And this was also the testimony
Of Mr.. Quarles, of Warren b Quarles,
brokers, he lately cashier Of the Plant.
ers Bank; Of Mr.. j. G. Williams,
another experienced broker; of Mr.. W.
Z. Simons, an expert in engraving; o.
Colonel +. G.. Ruffin, the Second Au.
ditor; and Of Major r. w
N. holland, lately and for several
years the funding clerk of tn,
Treasury Office, frequently handling in al
that time more coupons in a week than
Mr.. Tnsley saw in q year. Indeed, il
the last case that has been tried
the plaintiff examined only tive
witnesses, Mr.. j. G. Williams anS
Major holland {; who both testified tina
they could not tell whether the coupon,
in the case were genuine or not. Ant
yet the jury found that the coupons
were genuine. Was this because Judg,
Atkins had virtually instructed them il
advance by saying in their presenc,
that their first verdicts were proper?
What right has . Judge to init
mate to Q jury in advance Of til
trial Of . cause IS to what sort Of yer.
| diet he thinks it ought TO find? Ant
what right has he to apply contemp
tuous terra to . juryman who has tn,
independence TO form his opinions under
oath and not under tie dictation Of /
Judge for whose legal opinions, il may
be, be cannot have any respects
| 1t can be no excuse To say that thu
| Judge is . man Of high character. and
merely made . mistake. Judges have
no right to naks such mistakes. They
ought not only TO b "learned in The
Law" but adopts in the propristiss o.
their high Office. And whsn they VIC
late those propristiss they e.xm 10 b
told Of IL, respectfully, 5nt fina,y.
| I 30 further wissn judge permits
his prIudicss to affect his attitude TO-