The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-02-10
ODD JUDGES.
They FlOurished In the Time of the
Noted Daniel O'ConneII.

Ihey FIOurished In the Time of the
Noted Daniel O'Conneu.
From the Cornhill Magazine.
In Daniel OConnells time the judges ap-
pear to have figured sometimes in a fashion
which hardly commends itself to a more
decorous age. Lord Norbury, the chief JUS
tice, was the greatest sinner in this resnect
and exercised his wit at the most inappro
PIRATE moments and in the least pardonable
manner What could be more brutal than
for stealing watch? You snatced at time
and, egad. you have caught eternity" Charg,
ing the Jury once. he began thus: THE nams
liam Godfrey Baker Sterne, and there. GEN
tiemen. you have him from stem to stern. I
am free to observe, gentlemen, that If Mr.
many Christian virtues as he has Christian
ing here"
But wit, even of the baser sort, was not tina
most notable feature in some occupants of :he
bench There Were two stories OF a remark
able Judge named Day which o'Connell was
o 1re end OF a case. Day said to me, Mr..
" Connell, must not allow you to make a
speech ef the fact is 1 always am OF opinion
with the last speaker, and therefore / will
not let you say one word My lord, said /.
mat Is precisely why I'll let nobody have
the last word but myself if 1 can help it,
mad the last word. and Day charged in
favor. Of my client" O'Conneli defending a
man before Day for having stolen some GOATS
iouhu Che inert conclusively proved In spite
OF hfS cross-examination of prosecutors wit
nesses, so he produced an old act of parlia-
ment empowering the owners of cornfeIds
gardens and plantations TO "kill and destroy
all Mares rabbits and goats trespassing there
on. O'Connell argued that the legal power
OF destruction thus given clearly proved that
goats were not property. Day charged the
jury to that effect. and the prisoner was ac-
quilted
strange exploit of one Mr. Justice Foster
REMINDS one OF more recent legends regarding
judicial ignorance Of popular expressions
This Judge was trying five men for a brutal
assault and murder. The culprit who had
actually dealt the fatal blow was one Denis
Hail1gan Il saw" said the principal wit
ness for the prosecution, Denis HaIligan he
t that is In the dock there. take a vacancy at
tne poor soul that is kilt and give him wipe
with cleh-alpeen, and lay him down es
quiet as a child" All the FIVE prisoners were
convicted; the first four received seven wears
Attn t6e a ase1 then proceeding to the
Hallgan, have purposely reserved the con-
slderatlon OF your case for the last Your
81 as being participation in the ARRAY
Is oouptless OF grievous nature. Yet l can
not AVOID taking into consideration the niti-
gazing circumstances which attend It, Bv the
evioence Oh the witness it clearly appears
tnat you wore the only one of the party who
showed any mercy to the unfortunate de-
ceased: You took him to a vacant seat. and
you wiped him with a clean napkin and Ito
use the affecting and poetic language of the
principal wftness) you laid him down with
the gentleness shown to a little child In
consiiaaeration Of these circumstances which
considerably mitigate your offense the only
punishment shall inhict upon you is an i'm
Prlsonment of three weeks duration" So
Denls Haiiigan got off by Fosters mistaken
! vacancy for vacant seat" and f'cIeh-
alpeen" for ''clean Napkin
VConnell always asserted that he had him
sen heard the .crier at Cork assizes call out
Inree times; when ordered to clear the court
during the hearing of a certain case All We
Dlagyards that aren't l=-yers, leave the
court; and of all his witnesses we should
De inclined to select. as the most delightful
clan who demanded three days personal ex-
penses on the ground that having been de-
talned SO long as witness, several patients
ne was attending would probably have got
we'll in the interval! o