The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-11-14
BENCH AND BAR.
.rNC LEGAL SCRAPS" BE-
GWEN ENGLISH JUDGES AND
LAWYERS.

rhefr Wit ana AumOr-lnterest-
;nr Encounters.
From the London Globe.
..4s seldom that anything like a serious
.rnter between the bench and the bar
-la,e in England. Collisions between
% and advocates are not uncommon
rance and other countries, where the
i..tarv has little or nothing in common
..s the general body of the legal profess
'.n. but they are of rare occurrence in
-. countrv. where the bench is in init
49,, touch with the bar. The late Lord
r.ssr whenever he addressed a gath
mo If barristers, was fond of declaring
~, his judicial rank did not prevent him
IAN being one of themselves. This union
.irterest and sentiment is recognized by
- occupant of the bench. with the le-
.,t that conflicts with the bar are ex-
...r,sly rare Now and again the good
,.ling that exists between the bench and
,ss bar is disturbed. but the conflict is new
..oriois the cause of the disturbance be-
,.- usually as petty as the encounter is
t-ief 1t was different before the indie
,sr5snce of the bar was so firmly estaD-
rsbad as it is at present. A dispute arose
,.t,eon Erskine and Mr.. Justice Butler
IN The famous case of the Dean of ST.
1s,ob as TO recording the word only Us
mart of the verdict of the jury.
q stand here" said Erskine "aS an ad-
,,cafe Tor a brother citizen, and 1 desire
tS,t the word only be recorded" Where
roon Mr.. Justice Butler said: Sit down,
Il, remember your duty, or l shall b.
,bieed to proceed in another manner"
rrsxfne retorted: Your lordship may pro
esed in what manner you think fl l
t7ow my duty as well as your lordship
tnows yours. shall not alter my conduct"
The victory in this encounter lay with
Trskine the disputed word being added
- the verdict. Lord Campbell has de-
s-bed the firm attitude of Erskine on
his occasion as a noble stand for the in
dsn4ndence of the bar" There was a time
when il was by no means an uncommon
hing for an advocate to be threatened by
iudge with punishment for contempt of
cllrt but there is scarcely an instance of
tbe threat being carried out.
A member of the bar who appeared at
the trial of The conspirators in the Popish
not accused two judges of break ng their
o,,b and of running him. For this attack
mon the honor of the bench he was or
ferei 10 pay a fine of $500, 10 he imprison-
cd mil the fine was paid, and to provide
q surety for his good behavior for seven
wears. Nor was this the whole of the pun
is1ment that was inflicted upon him. He
was debaried, the indignity to which he
va, submitted being suggestive of the de-
er9dat.on of DreyfUs. His gown, by or
der Of the court, was pulled over his ears
tv the tipstaff." The only modern instance
Of barrsler being committed for con-
tempt Of court occurred S me ten or twd@ve
Years ago. 1t was proved to the satisfac-
lion of Mr. Justice Kay that a member
Of the bar had practiced a fraud upon tie
court by using an affidavit which he knew
was false a motion for his committal was
made and the learned judge found him
guilty of obstructing the course of justice.
and ordered MIN TO stand committed until
further order. But in neither of these cases
di the punishment fall upon the advocate
while he was conducting his clients cause.
Probably The Tichborne trial was marked
tymore encounters between the bench and
tie bar than any other case ever tried in
he English courts, but even DIR. Kenealy's
studied disrespect did not induce the
JUICES 10 deprive the claimant of the ser
vices OF his counsel, though they several
tines reminded the unruly advocate of the
powers with which they were armed.
Bar Comes OUT Ahead.
When the bench and the bar do come
Into conflict the victory lies almost inva-
rably with the bar. At any rate, the
bench usually loses more than the bar,
since its dignity is supposed to be greater
An encounter between Curran, the famous
Irish advocate, and Mr.. Justice Robinson,
somewhat ill-tempered Irish judge, is
worth recalling in this connection. Sir, -
Exclaimed the judge, in an angry tone,
You are forgetting the respect that you
owe TO the dignity of the judicial char
aoler' Dignity, my lord" retorted Cur
Ian, upon that point l shall cite you
case from book of some authority with
'hlch you are perhaps not unacquainted.
4 poor ScOtchman, upon his arrival in
london, thinking himself insulted by
granger and imagining that he was the
Stronger man, resolved to resent the at
FONT, and, taking off his coat, delivered
10 bystander to hold; but, having lost
le patt4e, he turned to resume his gar
lehI When he discovered that he had
hioIt uhately lost that also-that the trus-
zee OF MS habiliments had decamped dur
y 'he Tray. So, my lord, when the per-
I'll VINO Is invested with the dignity of
ne Judgment seat lays it aside for a mo-
Heul to enter into disgraceful personal
~ - vail, WHEN ne mas Deen worst
n the encounter, that he seeks to re-
uine ~ 1t is in vain that he endeavors
~ sneiter himself behind an authority
r 1 ne mas Abandoned
IHe Judge, made furious by these sting
US words cried out: eff you say another
- oIu sir III commit you" Whereupon
o-ti ian made the witty but impairment re-
~ . 1hen, my lord, 1t will be The best
,1 'ns you Il have committed for many a
.oa'. The Indignant judge did not carry
az, MS threat to commit the daring advo-
b - 9ut afterWard sought to get him dis
no. an Undertaking in which he did
,.9,e succeed The bench is armed with a
Inv. .luI weapon in its power of commit
com, al unruly advocate for contempt OF
eon.g out the bar possesses a weapon of
in5a. strength in its ability TO boycott a
M VINO makes himself obnoxious to its
used 5 only once has this weapon been
tbe some twenty-five years ago. After
per,I p1ssIhs OF the judicature act, the ex-
~ ' i-5 was made of sending the chance
who SIS on circuit. One of these judges
Sion -@ ,.l spent the whole of his profess
notbi,IL me III the equity courts, and knew
mon MS Whatever of the business of a COM |
errors Jaw W. Iudse, was guilty of a number of |
mem winch eventually led to the expert |
takss lel"s abandoned. Among the mis- |
soma ne ne committed was that of passing |
ment structures upon the conduct of a |
~ 9Il OF the Cirpuit rrbfob r,,o~o .,,t.1 |