The times. [volume] (Richmond, Va.) 1890-1903, 1893-02-23

~ III COIluu(t tUdN "a W ~
ton to the rulings of the court. or that
will tend to bring the authority OF 'he
court into ridicule or contempt. But so
long as he does so respectfully, he has
the right and It is his sworn duty to his
client to offer the most pointed objection
to every ruling md act OF the court
which is, In his judgment, prejudicial to
the rights and interests OF his client, and.
so long as these objections are made re-
specially and In good faith. 1t Is the duty
OF the court to receive and treat them
with entire forbearance and consideration.
though they may be annoying and irri-
tating to the Judge in the extreme.
Now. Mr.. Golf expressly disclaimed any
intentional disrespect TO the court at Zach
point made by him. and. it is plain that
each one was pertinent and most material
to the interests and rights OF his client.
He had a right, n he was pursuing n fair
line OF cross-examination. 10 object to the
court putting him at the disadvantage be-
fore the jury Of a lawyer pursuing a
course on sufferance. and that was the
substance OF the whole matter. as far az
the first specification was concerned. He
had the right also to object to the court
reminding the witness that II was the 2lst
Of November, instead of the 18th OF Octo-
Der, that she had testified to. II the Wit
ness was lying, as it is plain from the con-
4e-4 C,4f 4b,.r,It 4Iot che xvae ha had
a right TO expect the court to forbear I'M
til he could trip her with dates, and lem
o~nstrate that she was unworthy of belief.
We do not, Of course. mean TO say that he
had a right to permit her testimony. but
it is plain that he was attempting TO cor
ner a suspicious witness, and he had a
right to expect that the court would give
him a reasonable latitude in his effort.
and the court should have conceded his
objections TO its interfering with him.
The case cannot. at most. be consid-
cred as more than one OF an eager and
perhaps irritable lawyer manifesting
slight captiousness at what he thought
unjust and unfair interferences with his
rights by the court, and it is one where
a lawyer has plainly confined himself
wholly within the pound Of counsels
rights. The judge. though, has performed
the part of a judicial bully and autocrat.
Lord Chancellor Erskine. when at he
bar. was one Of the greatest, II not the
very greatest. advocate that any people
ever had. When the Dean Of st. Asaph
was tried, the controversy over the ques-
ton whether IN prosecutions for libel
the juries were to be judges of both law
and fact, or only of fact. was at its
highest. Erskine defended the Dean. The
jury brought in the following verdict:
Guilty Of publishing. only" Mr.. Justice
Butler. who presided at the trial, at
tempted to coerce the jury into dropping
the word only from their verdict, when
the following c~olloquy took place:
Erskine: Gentlemen, l desire to know
whether you mean the worl only to
stand in your verdict" Juryman-"Cer-
tainly." Butler, J.-"Gentlemen. If
you add the word only 1t will be mega
living the innuendoes." Erskine-"I de-
sire Your Lordship, sitting here as judge,
to record the verdict as given by the
jury" Butler. J.-"You say he is guilty
Of publishing the pamphlet. and that the
meaning Of the innuendOes Is as stated
i'm the Indictment" Juror-"Certainly.'
Erskine-"Is the word only to stand in
the verdict?' Juror-"Certainly." Frs
! liz fHrl.x Z s~@fct 4. eboff lao rarnr4aa -
Butler. J.-"Then. the verdict must be
misunderstood; let me understand the
jury" Erskine-"The jury do understand
their verdict Butler, J.-"Sir, 1 will
not be interrupted" Erskine-'I stand
here as an advocate for a brother citizen,
and ! desire that the word only may
be recorded" Butler. J.-"Sit down, sir;
remember your duty. or | shall be obliged
to proceed in another manner" Erskine-
Your Lordship may proceed in what
manner you think tit; l know my duty
as well as Your Lordship knows yours.
/ shall not alter my conduct"
There were no proceedings against
Erskine for contempt.
This was the most important case in
its results ever tried in a court Of justice.
1t caused the final settlement Of the great
question involved, and ended George the
Thirds attempt to subvert the liberties
Of Englishmen by muzzling the press.
But the case is no more famous than
Erskine's grand stand for the rights of
counsel and thereby for the rights of all
citizens. Lord Chancellor Campbell says
Of it.: This noble stand for the indie
pendence OF the bar would of itself have
entitled Erskine to the statue which the
profession affectionately erected to his
memory in Lincoln's Inn Hall"
1t becomes all men. jealous of their
rights and liberties, TO express their con-
demnation Of Recorder Smyth's course.
Chased by a VIA box Car.
Il was chased once by a box car" said
an eX-railroad man. 1T was out in Colo