New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-08
THE RECORDER.
nn,rrs AND ANECDOTES OF A NOTABLE
MAN

pATrS AND ANECDOlEo oc n NOi EoiAiI
MAN.
u.,v aav lust after o'clock the tall,
s,h.tan,,.l figure Of man elderly, perhaps, In
ro,ut OF years, but rs 10 menta' anu pn's"a'
y ~. verv prime and fulness of life, may be seen
:" .,oxiv down Nsssaust His form IS largo
..s,.,,c and his bearing almost military There
..o.,hi,r powerful and commanding ABOUT MS
,....nor as 10 be were used TO having MS own way
"a would be startled, not to say shochea, "eio any
,,.ss nerson TO gainsay him. III Is ho' ha'u W so0
-, Ireland once claimed him as ehio ior ms
ss,sh blonde hair and the cast OF his nrn' resoueo
rcuu.. ton The story Of his Hioernan nativity
tssurs ' az. oortsntcd man. like one who fees
no 40. &c usehll as well to his fellow-men as 10
ms As he moves along men greet MN WIN
hu :, a.fercnce than Of familiarity, ana many Vi
~ natter sort touch their hats as the! spe"N no
,s these respectful tributes WIN hei'Hor som
s,.nce Of pride nor of nook humiity' Ou' ~'
49,, uere accustomed tokens. Ana 50 'ncy "o' .0'
"a. sturdv man is Recorder Smyth' 'no NH'0. ''Ne
:, The Criminal Court OF New York. inc ma" "no'' az
sc.ls most hate and fear and OF "no'i
s,uina once said: "Pd rather DC oon'iVe.o 80
INV other fudge than acquitted oeiofo 'N0 wv
-. =, s. M. he thought harsh man, whose
~ - ION, for Kindly emotions have seen
~ 80 ores All with tears and have heard some
~.,nt,,Iv like a sob como from his throat wheh
=. nronounced in low, husky accents the awful
As 1And tina. you DO hanged by the neck un'll
- .ro dead and may God have mercy on YOU
w. ,,sn have seen him close his eyes for moment
ne were saying over to himself the words OF
ibst last petition
Nm. - an accused man be evidently guilty, no
t,er who he is nor what may be his name or power
sc prospects are dark when he stands for tnai at
the bar Of the Recorders court Some say the LAY"
GERS for the defence especially that he revcrses inc
.ormon.law maxim that a man is innocent until he
:, nroved guilty. and there is this basis OF truth
- aha. charge The Recorder is wonderful OK
=. O. reading human nature. He knows thief
- ,,cht Gut always leaves its mark somewhere
- us victims face and II the Recorder sees that
fatal brand Il really goes hard with the knaNe' for
10 considers that his duty requires something ho'o
than that he sit as dumb as clam wmle 'us"eo
. dragged under foot and when he secs any such
probability no is quick TO check It, He Knows law
rsvs lust as well be knows criminals, ana 'hlhA
NAV safely add that the lawyers know hin. his
,rouledpo Of them assists him much in Judging OF
he vigue of their cass. When they have innocent
,Ients they are eager to get before him, and once
there their manner is open and frank; but II they
know their men to be guilty they hang back ana
tsnoe with Fabian cunning and keep out sharp
watch for exceptions. He knows Just what that
means.
On the bench he does look somewhat austere'
admit His manner Is REFRESHING HIS tenor tones
ara sharp He speaks with blunt candOr. II no
thinks a witness is lying, he looks and talks as II
he thought So II he thinks the Distrct-Attorney Is
not doing his duty, he fctches him up with sharp
rick II he pecelvcs that lawyer is making an
sss Of himself which is tho ono conspicuous talent
that some lawyers seem 30 possess he says SO franKy
Before he went upon the bench, he was the junior
partner Of John McKeon. Mr. McKeon, for whom the
Recorders affection always deep and warm aftcr-
ward became District Attorney. Their personal re-
latons were thing. their official relations quito
another Poor old McKeOn probably preferred 10 meet
his former partner a friend rather than Judge
For the Recorder several times disturbed the old
mans sensibes by adtournng court "untn the
Dlstrct-Attorney has properly prepared his case and
learns what he means to prove and how he means TO
prove it, From time mmemorlal the District Attor-
ncy's Office has been mlSerably equipped ahaH'
IL Il one OF he Offices which have never yet hcen
pated from factonal politics. and though upon
the honesty and courage of the public prosecutor the
public order depends in the largest measure, yet he
has too often been a politician put into office by the
ring bosses, not TO the public with hdeHty,-
,or what care they for the public further than 10
,ssp rs anger below the boiling point 7-but to serve
he "hallsn and to dispense justice with an eye 10
no success Of that faction by whose grace he draws
ais salary He therefore deals out his patronage"
rot TO- the purpose OF surrounding himself with
staff of able lawyers, but merely TO give place ana
support to partisans As result of these causes, the
,fce is always a kindergarten school for young law
ycrs whom some boss is backing or an asylum for
ecal and political deadbeats IL is hardly necessary
O add that the term of Judge MARITIME formed con
,pcuous and almost solitary exception 10 this rule
Naturally the work Of the criminal courts has been
much embarrassed and the Judges are constantly adj
ournlng eases 10 enable the prosecuting onlcers 10
make better preparations for trial. To Judge hke
. Recorder smyth this is a 81 profound annoy
ance and disgust and Inc has fallen into the habit
Of taking active hand in trials himself and OF
pulling things straight when they got crooked. II IS
an inspiring sight 10 SEQ him snatch lost case away
rom the wrangllng lawyers, and smooth all the
wrinkles out, while the jury sit by and wonder
how anything so very plain could have seemed but
moment ago 50 muddy. Everything ne says Is
significant Read in Insnlmate types it seems calm,
correct and open TO neither objection nor crticlsin
but put as be puts II, with the emphasis on the
night words, II has an immediate and powerful
effect on the Jury. For instance he made the com
mOnplace charge the other day Now, gentlemen,
remember the responsibility in this case is yours.
II you have any doubt Of this mans guilt, he must
have the benefit Of the doubt But it is for yon TO
what in law is called reasonable doubt" That
seems very mild in ordinary print but print, no
matter TO what devices resort. IS all too feeble
to express his manner, tone and emphasis, Now,
gentlemen no said remember" (pausel g. the re-
spOnsblly in this case is yours dow and solemn.
hyouhsve ny.doubt Of this mani guilt hemusthaye-
hebene1t Of the-doubL
But" dong pause during which he looks fxedly at
'hs jury IL is for you to say" (pause) whether
upon the WHOLE EVIDENCE there CAN exist what
10 lac is called a REASONABLE doubt
You easily imagine what that jury is likely
to do.
But in the following, he will say: at you
have ANY DOUBT Of this mans guilt he MUST"
pause) have the bencm OF the doubt Solemn and
'ender). Butts-for-you to say" pause and du-
bOas shake of the head whether upon the tchOle
eidenee QOngcr pause and still more dubious
shake, there EXIST what n-lawis
able doubt