Evening journal., 1889-11-21
HuMoes OF THE BENCH.
How Far n Judge May Go in Joking am
Maintain the Dignity Of the Court.


Maintain the Dignity Of the Court.
If body Of men are engaged In work Of
any kind and their leader insists on playing
the vgae. the moral atmosphere soon becomes
entirely unsuited to the discharge Of affairs.
If, then, when lawyers are engaged in the
solemn and important duties Of a court Of
law, an example of friyolity is set by the per-
son in authority, it is pretty certain that the
public interest will suffer.
The principle which can be applied to de
termine how far it is allowable for O judge
TO exercise his gift Of humor stands, there
fore, thus; Nothing should be said by him
which can in any way destroy the essential
sense of seriousness which should pervnde a
court Of Justice, or introduce a temper of
joculur familiarity, such as must infalliLly
breed contempt. As Il matter Of fact II ~iil
be found that such a rule is practically Or
served by most Of the judges and that its or
Grafton does not in the least cut us OF from
that species Of Judicial wit which is most
worth preserving. II prevuts the court
from being turned into a bear garden. but
leaves ample scope for snubbing an impudclit
or restraining a tiresome advocate wittily,
and for placing the results of an investiga
ton or Of the application Of a legal principle
in the shape Of an epigram.
For example, IL cannot be said that the dig
nifty Of the court suffered in the least when
Baron Maule used his extraordinary power
OF humor to rebulSe Mr. Cresswells y inordinate
arrogance. Counsel had been treatisg tho
bench throughout his speech with the UTMOST
lack Of courtesy. At last the Judge could
bear it no longer and stopped him "Mr,
Cresswell, | am perfectly willing to admit
my vast inferiorrty TO yourself. Stil EN- a
vertebrated animal, and for the last half
hour you have spoken 20 me in language
which God Almighty himself would hesitate
| TO address to a black beetle"
Sspsh phrases we're not, we imagine, likely
10 make Baron Mnules court unmanageable,
or to let counsel get out OF hand. Surely it
is absurd to say that the exercise Of such wit
must be condemned, because we protest
against the use Of an i'll timed III judged and
jaunty jgcularity. The one need never for a
moment lower the tone Of the court. The
| other, "easy. vulgar, and therefore disgust
ing.n is sure 30 end in a loss Of dignity and
respect.
Again, the Judge who reminded an advo-
cate in the following manner that he was
wasting the time Of the court did no violence
70 decorum. The barrister had been explain
ing at great length certain transactions in
regard TO a furnished house. Having dealt
with the house in a long aud dreary oration
utterly beside the point he coughed and be-
gan: And now, my lord, propose TO ad.
dress myself TO the furnitlws.n "You have
not been addressing yourself 30 anything else
| for the last hour and half, - was the reply
| Here, thoVgh counsel could hardly have felt
comfortable, the court suffered no loss Of re
speet.
4 Indeed, under certain circumstances, {
/ judge may fiud in his wit the means Of bring
ing clearly home TO che public mind the IL
results Of any portion Of our legal system
which he considers imperfect.
Baron Maule had once 20 sentence mar
tried before him in a case Of bigamy, il
which il appeared that though tie crime haC
actually been committed, there were very
great excuses for the prisoner His wife hat
been drunken and unfaithful and, leavin,
him with a large family Of children 10 briul
up, had disappeared for several years Under
such circumstances ho had thought himsel
able TO marry again. In giving sentence
Baron Maule in detail stated how the prison
or ought to have acted, how he should hav
brought one action for Grim. con. in th
civil courts and another in the acclesastica
courts for a divorce, and, finally, how h
should have obtained private act OF par
lament disolving the FIRST marriage and q
lowing him To contract a second. "You WI
probably reply ended Baron Maule, ''thl
this would have cost you 81 900 and that va
have not thousand pence. But lot me e
you, prisoner at the bar, that this is no o.
cuse, and that in England the law is the sam
for the poor as for the rich.n
As may be deduced, this passage led up {
a sentence Of three days imprisonment
to begin from the first day Of tho assizes, an
therefore, IN this case at least, the prisone
had something beyond "his judges joke fc
consolation. THE Spectator.