Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1889-10-17
HuMoRs OF THE BENCH.
How Far Judge May Go In Joking and
Maintain the Dignity of the Court.

How Far Judge May Go In Joking and
Maintain the Dignity of the Court.
II body Of men are engaged In work OF
any kind and their leader insists ON playing
the wag, the moral atmosphere soon becomes
entirely unsuited 20 the discharge of affairs.
IL, then, when lawyers are engaged in the
solemn and important duties of "a court OF
law, an example OF frivolity is set by the per
son In authority, IL Is pretty certain <,lat the
public interest viii suffer
The principle which can be applied TO de-
termne how far it is allowable for 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 pervade
court Of justice, or introduce temper OF
jocular familiarity, such as must infallibly
breed contempt As a matter OF fact It will
be- found that such n rule is practically OBJ
served by most Of the judges aud that its OPP
Grafton does not in the least cut us of from
that species OF judicial wit which is most
worth preserving. IL prevents the court
from being turned into "a bear garden. but
leaves ample scope for snubbing an impudent
or restraining tiresome advocate wittily,
and for placing the results OF an investiga-
lion or Of the application Of IA legal principle
IN the shape OF an epigram.
For example, II cannot be said that the dig
atty Of the court suffered in the least when
Baron Maue used his extraordinary power
of humor 10 rebuke Mr.. Cresswelps inordinate
arrogance. Counsel had been treating the
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 inferiority 10 yourself. Still am a
yertebrated animal, and for the last half
hour you have spoken 10 me In language
which God Almighty himself wcdld hesitate
10 address to black beetle"
Such phrases were not, we imagine, likely
TO make Baron Mnule's court unmanageable,
or % let counsel get out Of hand Surely IL
Is absurd TO say that the exercise Of such wit
must be condemned, because we protest
against the u~e Of an III timed, Ill Judged and
is,,Spty POPULARITY. The one need never for a
omenfIoger the tone of the court The
other. easy vulgar, and therefore disgust
ing" Is sure to END in a loss OF dignity and
respect.
Again, the Judge who reminded an advo-
cate In the following manner that be was
wasting the time Of the court did no violence
20 decorum. The barrister had been explain
ing at great length certain transactions In
regard 20 furnished house Having dealt
with the house in IA long and dreary GRAFTON
utterly beside the point he coughed and be
gan: And now, my lord, propose to ad
dress myself 10 the furniture" You have
not been addressing yourself 20 anything els
for the last hour and half ~ was the reply
Here, though counsel could hardly have fell
comfortable, the court suffered no loss Of re
spect
Indeed. under certain circumstances, Z
Judge may find in his wit the means Of bring
ting clearly home 10 this public mind the IL
results Of any portion of our legal system
which he considers imperfect
Baron Maule had once to sentence a maj
tried before him In case Of bigamy, II
which IL appeared that though the crime ha'
actually been committed, there were yer,
great excuses for the prisoner. His wife ha'
been drunken and unfaithful and, leavinI
him with a large family OF children to brinI
up, had disappeared for several years. Unde
such circumstances he had thought himsel
able to marry again. In giving sentenc
Baron Mamie In detail stated how the prison
er ought 81 have acted how he should hav
brought one action for Grim. con. in tn
civil courts and another in the ecclesiastical
courts for "a divorce, and, finally, how h
should have obtained a private act OF par
lament dissolving the first marriage and al
lowing him TO contract "A second. You wi
probably reply" ended Baron Maule, "tha
this would have cost you ~ 600 and that 20
have not thousand pence. But let me tel
you, prisoner at the bar, that this is no Ell
cuso, and that in England the law Is the sam
for the poor a. for the rich
As may h. deduced, this passage led up I
n sentence Of three days Imprisonment
TO begin from the first day Of the assizes, an
Therefore, In this case at least, the prisone
had something beyond "his judges joke TO
consolation. The Spectator