The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1894-07-07

ties of Fairfield, Hooking and Per-
ry, have this day, so far indorsed
my work on the bench as to confer
upon me additional honors.
The common pleas court is the
great court of the people, for there
are had the trials in which their
causes are first put to the crucial
test; there is where witnesses are
subjected to searching direct and
cross examinations; there is where
opportunity is afforded lawyers to
measure swords on well contested
legal fields.
|. During such controversies the
duties of the trial judge are FREE
quently arduous and not without
intricate and perplexing questions
to be passed up hurriedly, with
neither time nor opportunity for
reflection or investigation, and
under such circumstances I no
doubt erred, hut 1 trust it was on
the side of Justice and mercy.
/ appreciate this great honor the
more highly when I remember the
responsibilities that come with it,
and the important duties it i'm
poses, for conscious of the fact
that there are few elective officers
in which the masses Of the people
are more directly interested than
in the common pleas judges; be-
cause no man, be he ever so good
citizen, can tell when he will be
party at least to civil action in a
court of Justice; and when that
time comes he desires upon the
bench a trial judge in whom he has
the utmost confidence, one who
will hold the scales with steady
and even.hand and mete out equal
and exact justice between him and
his adversary. And the same good
citizen is equally interested in the
administration of the criminal law
and the proper punishment of its
violators, to the end that he and
his family may be made to feel
safer in their home and the secur-
ity of their property.
An eminent English jurist once
said that it was not the severity of
the punishment but the certainty
of it that was most beneficial, but
l am not prepared to subscribe to
this doctrine, for 1 entertain the
belief that nothing cohduces more
to encourage the commission of
crime than a failure to vigorously
prosecute, and when convicted, ad-
equately punish those who violate
our criminal laws, especially the
graver offenses known as felonies.
Administer to such heroic treat
ment and impress upon them the
truth of that trite saying that "The
way of the transgressor is hard"
1t leaves upon the mind of the
party punished such an indelible
and lasting impression as is we'll
calculated to induce better life.
To his fellows in wicked walks,
it is a stern and certain reminder
that their infraction of the law
will bring upon them the like heavy
hand of justice, and they will be
disposed to be better citizens.
There are cases, of course, where
the offense is a mere technical one,
and it is the party's first appear
ance as a defendant in a criminal
cause; under such circumstances
the court, in imposing the penalty
should temper it with mercy, ad.
monishing the accused not to again
appear before him in that relation,
The great Grecian philosopher
more than two thousand years ago
laid down as requisites for good
judge the following cardinal prin.
ciples: "He should listen with
courtesy, answer wisely, consider
solemnly and decide impartially.'
During the four years and half
that have been on the bench
have endeavored to observe these
injunctions, and although, through
the frailty of human nature,
doubtless fell far short of such
eminent qualities, ! have not been
unmindful of their great import
ance. I am aware of the fact that
the preparation of case by coun'
sci is with the intention and ex
lpectation of fully presenting the
same on the trial, and If that op
portunity is not afforded him, he
at least feels disappointed and
probably dissatisfied, and both he
u and his client are liable to com
plain that they were not fairly
treated. This is especially SO will
the litigant where the matter Is be-
ing argued to the court, and the at