Western liberal. (Lordsburg, N.M.) 1887-1919, 1891-02-27
AN ECCENTRIC JUDGE.

aged to note down few items con-
corning one of the ablest and the most
eccentric judges that ever sat upon
the judicial bench in this portion Of
the country. The person referred to is
Hon. Kirby Benedict who was for
thirteen years a justice of the supreme
court of New Mexico, having been
first appointed in 1853 by President
Pierce, and re-appointed by President
Buchanan, and appointed chief justice
of the court by President Lincoln. He
was man of great ability and learn
ing, strong in his preiudices, violentin in
his passions and relentless in his con-
victiOns and determinations. He came
TO this country from Illinois, and is
said to have been an intimate friend
of Stephen A. Douglas and Abraham
Lincoln. Like many great men, he
was greater enemy to himself than
to any one else, and by allowing his
appetite and passions to get control of
his better judgment, the latter por-
tion of his life Jailed to produce the
results that mis- eminent abilities
should have brougt forth if exerted in
the proper mode. The are many
anecdotes told Of Judge Benedict In
his day-and for that matter to some
extent yet-judges, lawyers and jurors,
whiled away the tedious hours out Of
court by patronizing the game Of
draw" and one morning on the OPEN
ing Of court one of the jurors was
absent, and Judge Benedict directed
that fine be entered against him, and
shortly after the juror appearing the
Judge informing him of the action of
the court, the juror wrote a note and
passed it up to the Judge, whereupon,
he remarked, Mr.. Clerk, this juror
has made a satisfactory excuse for his
absence, and you can enter remission
of his fine" 1t was aftcrward learned
that the note sent by the juror to the
Judge was as follows: 'Pay me the
money you borrowed of me last night
while playing poker, and l will settle
the fine"
Another story told of the judge is
that at one session of the court the
grand jury indicted most of the mem
bcrs of the bar for gambling. and they
felt assured that unless something
could he done to prevent it, Judge
Benedict would assess the highest
penalty against them. In order toget
the ''cinchn on the judge, as they ex-
pressed it, they got evidence before
the grand jury and procured an indict-
ment to be returned for like otfense
against the Judge, and when he saw
the case on the docket against himself
he directed the clerk to enterup plea
of guilty in the case and to fix the
lowest fine allowed by the law, and
then the members Of the bar who were
indicted pleaded guilty, and, to be
consistent, the judge was compelled tC
fix their punishment the same as hi.
own.
But the crownng act Of the judcia
career of Judge Benedict was the sen
tcncc Of death passed by him upon Z
prisoner convicted of murder, which
sentence was as follows:
Jose Maria Martin. stand up! Jost
Maria Martin, you have been indicted
tried and convicted by a jury Of you
countrymen Of the crime Of murder
land the court is now about to pass up
on you the dread sentence of the law
AS usual thing, Jose Maria Martin
it is painful duty for the judge of I
court Of justice to pronounce upon ;
human being the sentence Of death
There is something horrible about it
and the mind of the court naturally re
volts from the performance Of such
duty. Happily, however, your case i
relieved of all such unpleasant feat
ures, and the court takes positive de
light in sentencing you to death.
"You are young man, Jose Mari
Martin, apparently Of good physica
constitution and robust health. On
dinarily you might have looked fol
ward TO many years Of life, and tn
court has no doubt you have, and eJ
pected to have died at a green old age
you are about to be cut of in the cor
consequence of your own act Jos
Maria Martin, it is now the sprn
time; in little while the grass wi
Q be springing up green in these beat
tiful valleys and on these broad mess
and mountain sides. Flowers will /
blooming, birds will be singing the
sweet carols, and nature will be pu
ting on her most gorgeous and attra
\ tive robes, and life will be pleasar
/ and men will want to stay. Butnor
Of this for you, Jose Maria Martil
The flowers will not bloom for yOl
Jose Maria Martin; the birds will NJ
carol for you, Jose Maria Mertil
"a When these things come to gladde
the senses of men, you will be occ
y pying space about six py two beneat
the sod, and the green grass and tho
beautiful flowers will be grown
Z above your l0wly head.