Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-06-27

not, he said, as witness, but as an attor
ney He thought the occurrence was one
of those unhappy affairs which often oc
ours between attorneys during heated de
bates and exciting trials. Persons some
times. when excited, misinterpret the
language of others, and put in the mos
offensive form common place remark
He said he would not place himself before
the Court in the roll of a witness for ht
doubted not there were many who were
ready to assert that Judge benson useC
the language attributed to him. He
thought it would be a difficult matter fol
the Judge to adjust, unless he acted on the
suggestion made by Judge Curtis.
Judge Mcfarland said: " do not care tc
hear anything more about this matter al
present If / think it necessary to have g
further investigation | will do so. | will
say here at this time that it seems to me
that the whole difficulty arose out of 9
habit, q habit Of hasty contradictions which
is prevalent with some members of the bar
Now, the legal profession is designated as q
learned profession The highest and very
best result of learning and culture is self
control. A child or n savage. or even one
of the illiterate and brutal specimens OF
mankind in an unciviliZed condition are
governed entirely by their passions. BY
their anger, by every sentiment that sways
the mind There being no one at the helm
the angry passions are exhibited in acts,
deeds and in words. Now, gentlemen OF
the bar ought to be able to restrain that.
and by somewhat Of an effort they can do
it. There is no necessity for a sharp and
square contradiction Of an opponent eithe
on matter Of law or a matter of fact.
Some members of the bar are too much
in the habit often in their arguments OF
using extreme language not called for and
beyond the license OF an attorney. For in
stance, il adds nothing to an argument 10
the jury, and certainly is utterly worthless
to the Court, to designate a witness as a
liar or peTjurer. An argument can be made
to the point that winess has sworn falsely
much more effectively without using such
language. When language is addressed to
an opposing counsel it is Just as proper 10
say that the opposite counsel is mistaken
as TO sharply take him up and say That is
not so. That is false. That's the language
of boys. It might be admissible at base
ball match, but among gentlemen it ought
not to be used. and particularly among
gentlemen of a learned profession. 1t
seems TO me that with little effort gentle
men can avoid these remarks. They have
not occurred often at this bar, but within
the last month or two there have been two
or three occurrences of this kind. | do not
like to use the extreme power of this Court
except when it is necessary. We are all
members of this bar. 1t happens that one
member of this bar occupies the bench
Other members of the bar have occupied il
before me- and others will occupy it after
me. In addition to deciding questions of
law and questions Of fact which is q very
onerous and responsible position, it is
very unpleasant thing TO have to exercise
that power over the members of the bar
which the Court has the jurisdiction to ex-
crctse, but certainly no Judge wants to
exercise. 1t is very unpleasant to sit as
u censor Of the language of an attorney,
and | never propose to do it, except that
the conduct seems to be the natural out
of a disposition to be unruly in
Court. When | am satisfied of that
| shall exercise the power of this
Court to the extreme limit. This
matter | think occurred unnecessa-
rily. ! do not propose to say who is the
more to blame. There were contradictions
on both sides 1t was matter of which
there was no necessity. There are some
old unrcpeaed statutes which refer to some
Of the business and the practice in this
county. Some of them have been repealed
lately and some have not They are stat
utes that are seldom referred to. The
question arose whether or not under some
Of those old statutes, a certain thing had
to be done. 1t was matter that had in
vestigatcd once, but it had slipped my
memory. When the question came up.
the views OF the counsel could have been
stated very easily in a quiet and gentle
manly manner. 1t was done rather
roughly on both sides. | did not hear the
latter language, and | am not able to say
At the present time what ii was 1t may be
that | shall investigate the matter further.
At the present time | shall merely allow it
TO be taken under adyisement. and will not
enter an order of the Court at present; but
if / think it is necessary | shall appoint a
of investigation or shall hear
the testimony myself. But | hope this will
be a warning 10 counsel, and to all the
counsel who are apt to indulge in that sort
Of practice, to exercise that control which
a cultivated and an educated human being
ought to exercise over his passions over
his anger and over the little temporary
passions that may govern him at the time
FRUIT Notes.-The Sacramento river
boats are bringing immense lots of fruit to
Sacramento, where it is loaded into cars
and shipped to Eastern points by Sacra-
mento shippers The fruit comprises Bart
lett pears several varieties of piums, april
cots, peaches and apples. The fruit is
prepared and packed for shipment
in the orchard, so that on its arrival here no
time is lost in getting it properly loaded and
started on its Eastern trip. Besides the
river fruit, large lots come in by rail from
other sections, Sacramento being common
center. As a result, large number of cars
are going forward daily-sU many that al
ready some markets are being overstocked,
which usually means loss to the shipper
Besides the Eastern markets, Sacramento
dealers have a large trade in the neighbor-
ing towns, as well as in adjoining States,
for various kinds Of fruit and vegetables,
and large lots are moved daily by express
and freight. In small fruits the season is
now well advanced. cherries, currants.
awberries and raspberries having almost
entirely disappeared. BIackberres are
now great feature, the crop being an i'm
mense one. They ere grown near the
city, and brought in in wagons. The sea
son is at least three weeks earlier than
usual on nearly all varieties of fruit. Bart
lett pears are being picked in some locali-
ties month earlier than usual. The first
crawford peaches MADE tnclr appearance
this week, from the Sacramento river; the
first nectarines and first cling peaches, from
Penryn. Fruit of all kind is very fine, the
pears especially being smooth and, so far,
free of Goblin moth, etc. The
Bartlett pear crop of the Hopping estate,
somc4, coo boxes, was yesterday
sold by the executors of the estate. Sealed
bids were received from a large number of
dealers, the purchasers being the firm of
w. r. Strong Il Co, of this city. The price
paid is not made public. This is one of the
largest crops in this district.
SURPRISE GRArEs.-Grape-growe in this
section can enjoy surprise view Of ripe
grapes of the Black Morocco variety at S.
Gerson & Co.'S store, on street, being
nearly or quite two months earlier than
before seen here. They were sent by Frank
Ewing from Yuma, 4. T., where they were
raised. to DR.. Southworth, of this city. Mr..
Ewing was formerly resident of Sacra-
mento, but is now engaged in pioneer fruit
growing in Arizona, believing that the we'll
/. Il. 81.