The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-20
TIRED OF PosTPoNEnrENTs.
Judge Winters speaks His Mind Upon
DELAYED Cases.

Delayed Cases.
Yesterday morning Judge Winters, in
Room l OF the Superior Court, spoke his
mind upon the perpetus4 postponing of
cases against the city. e practice that had
obtained In the couit and was apparently
In no wise abating. Judge Winters pro-
posed to have all cases filed in his court
In the future. and those that had been
hled heretofore. brought 10 issue and trial
lust as soon as possible to conserve the
rights of the parties. The occasion for the
expression OF his thoughts upon this sub
Ject was the failure Of the attorneys in
a case to appear for trial at the time the
case had been set down.. A few days ago
the case was set down for trial at the re-
quest of the plaintiffs attorney. When the
time set for trial came around thejury was
present. but there were no attorneys nor
no parties present. The court took advan-
tage OF the occasion to say:
1T is my duty to have cases on this
uocKet tried as near as may be In the
oruer In which issues are made up. and to
see 10 II that there is no unnecessary de-
idy IN the formation of issues. This case
mas been pending here many years. For a
nOms time there was, no doubt, good ex-
cuSe. out II was SO long ago hat no one
now what 1t was. / cannot
torce You into this trial row, because this
SS INST AillUldIOn CT the way i feel
ABOUT IL. But / do think In the majority
OF cases the fault is with the judge, and
not with the attorneys. 1t is the attorneys
uuty 10 put OF the trial of the case or try
IL. whichever will best serve his client. L
do not think it is so with the Judge, but he
should see TO 1t that issues are formed and
the issues tried without unnecessary delay.
1 Know now Judge Taylor often worried
himself sick because he could not get the
iawyer to attend to their cases and the
business or the court to move on as any
other successful business moves and must
move. AS IL is now, no one can sue the
CITY or indianapolis with any expectation
OF getting his case tried within a reason
able time. Life is too short. 1t is dis
tastefrl. indeed, to force the trial of a case,
put you must bear In mind. gentlemen,
mat this is what the judge is here for: to
near and to determine at the earliest prac-
tlcable day. At any rate, right or wrong.
that Is the way l feel about 1t, and 1 be-
Ileve Ii Is the way the people feel about 1t,
too. And ! tell you plainly that If the
condition Of this docket, which is no worse
people OF this county will hoist every Judge
out OF the courthouse. and rightly, too. 1t
Is a reproach that in this county there are
at present two thousand untried and pend
ing cases. The jury has been here ever,
DAY this term at a great expense. and /
nave not been able TO keep them busy half
not be so flexible. and L hope The lawyers
will take notice that In this room issues
must be Joined and the caases tried with
ton upon the present city attorney. There
Is no attorney at this bar who brings to
MS eases greater ability, diligence and
sarnestness than Mr.. Scott. but the truth
is. the work OF years has been dumped
upon him, and he is expected to sit In his
office and write opinions for the city
boards. to draft pleadings in cases which,
through long standing, are entirely new to
him. and. more than all. TO spend the best
part of his time in the trial of causes be-
fore court and jury. And. more than that,
he Is expected to answer the call of four
courts. it may be the same day. This
plainly Is the work of three men, and moi
or one. no matter how great his ability
may be. say this plainly. for 1 want to
get rid Of the old cases in this room, SC
that / may have the more time TO devote
TO new cases. and. hereafter. when some
of the cases against the city, as well as
other parties. are called upon proper no.
tice for trial. they will be tried sure, unless
there is some better reason than is offered
here, that the client expects one man to dc
the work of three"
One OF the cases of long standing upor
the docket was that of the Cabinet Max.
ers' Union against the city for damage.
for the overflow of Pogue's run. This case
has been pending in the court for more
than ten years, and there are eight OF
nine similar ones that would be settled by
a verdict i'm that case.