Thomas County cat., 1890-03-27
CANED IN COURT.
Judge c. W. Smith Pleads Guilty as
Charged and is Punished.

Hr accepts the Situation Coolly aud Retail
ates ,ciM Words Of GIo,ring Legal Flo
! qMence litter ,rhich He is Permit
ted to 90 Free.
Last evening about 6 o'clock the case
of Benson VS. Tyner was finished and
| giuen to the jury. After the chosen
twelve had retired from the court room
the case of the Colby Bar vs.. Hon. CIV.
Smith was taken up. This case was known
by only Il few who were present and the
action caused no small degree of surprise
while glances were exchanged by spec
tators with amaZement. Judge Smith
who is usually sedate when sitting upon
the bench Was even more SO and at the
point of being non -plussed. when r. L.
Chambers, attorney and spokesman for
the Colby Bar, stated the case as follows:
The case which wish to present is titled
The Colby Bar. plaintiff in the District Court
of Thomas county. Kansas, VS.. Hon. c. w.
! Smith, Judge, defendant"
May it please the court, I have been chosen
! from among my associate attorneys to repre-
sent them in arraigning you. for your conduct
| terms Of court. held by you in this cOun-
! ~. In doing his am actuated by no per-
sOnal motive or desire. Your treatment or me
| in person has been all that could WISH and
| more than could expect Your kind consid-
Grafton and helping words have been ever
/ ready to help and to assist the younger men,
| bers of this bar. You have won from those
who are older and more learned their respect
and esteem by your kind words and fair ju-
dicious rulings. 1t is therefore most befitting
that upon this occasion l assure you OF the
rtSxr
| of this bar has for you. But. for your con-
duct upon this and previOu OCCASIONS. they
have seen ut that you be arraigned and
brought to justice before the bar of Colby,
Kansas. and.-be severely caned. Take this,
(handing handsome gOld-hcaded ebony cane
to the Judge) not for its intrinsic value. but
for its moral worth, and with it, take the love
and respect OF every member OF the Colby
bar.
May darkness never cross your path and
may your judicial career end only at the close
of u long and hOnOred life upon the supreme
bench. and. when from that exalted position
you are called, may it be only at the bidding
of the Supreme Judge and Ruler over all.
The Judge accepted the situation very
gracefully and modestly, and when he
had attained his usual composure, he re-
piled in the following eloquent manner:
Gentlemen of the Bar. if the Court were to
pass upon this charge itself. he would find the
defendant guilty. i can bnt say to that ap-
preciate the kind words that have been spoken
here on behalf of this bar. and that during
the next four years that shall sit as judge of
this court if should be with you to the end of
that time. hope to meet with the same words
of approval that have fallen from the lips of
your SpOkeman to- day. He has said that the
treatment by the Court of the younger mem
berS has been such as to encourage them. l
believe that that is always the duty of the
Court. No person that sits upon the bench can
say but that he has been young in the practice
at one time, and no person, however much
he may have the law IT his command, upon
his first trial in court, but finds that the older
lawyer of less legal ability is able to beat him
in the suit because of his experience, and i
say that it is but the duty of the Court to hold
up the young members of the bar and see
that their case is not sufcrd to end in lnJus-
tice, and as to the older membe.s S of the bar /
recognize that here in Colby are some who
have had considerable experience in the prac-
them with that courtesy and courtesy which
they deserve as practicinS attorneys before
this court.
The position which judge holds is a most
Bile that can be held by any person in this |
commonwealth. In the first place, it is here |
where the citizens life, liberty and property |
is at stake. and it is place where the person
who sits upon the bench. unless he Is supreme
ly fair and unbiased tas much so as human
nature will permit. can work a great amount
of injustice, and still do It under the forms OF
law and in such way that If his rulings are
taken to the higher courts they would not be
reversed; and looking at it in that light when
taking the appointment Of the Governor. I
said that the rights of the litigant parties
should he of more importance than my desire
to be sustained in the rulings that l might
make.
In the rush and hurry of trials in court the |
most learned judge will make mistakes, and |
the supreme court In passing upon the mat |
ters which he passes upon, doing it i'm hours |
of study and reflection, will reverse him fire. /
Quently, but presume this is true: that, on |
an average the country over the supreme
courts will reverse about one-half Of the Cas-
es tried before the district judges, if all are |
appealed, and for this reason say that feel |
that the clients interest in these matters are |
of far greater Importance. and absolutely su-
preme to the desire of trial court that his rul- |
ings be sustained; and the litigant should |
have the full right to have this judges errors |
reversed And when came onto the bench 1 /
adopted this practice; that where possibly the
attorneys have overlooked some point. and |
NAV have forgotten to save some exception.
they should have their exceptions saved. and
ception to all the rulings n favor of the de-
PENDANTS party; 40 that he might take advan-
tage of any error the Court might make Ana
may say that appreciate this gift which
was wholly unlocked for, and ] shall ever |
hold the members of the Colby bar i'm esteem.
and hope ut the end of my judicial career they
may accord me appreciation that l have re-
ceiyed at this time
His remarks were loudly cheered as
also were those of Mr Chambers. The |
preset is most elegant one and the
beautifully head is engraven with suit
able inscription. The Judge has made
himself exceedingly popular with the at
tOrneys and not only with them but
plaintiffs and defendants as well. He is
just. fair and impartial in his rulings,
trying at all times 10 give justice to all
parties concerned. 1t was but deserv
ing compliment and his words of thanks
were worth more than their weight in
gold. 1t was gem of legal expression
and will ever remain an oasis in the
of those To whom it was ad-
dressed
When you need mild laxative yoi
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f<x- 81, I