The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-21
TOLD BY A LAWYER
ATTORNEY DISCOURSES ON
COURTROOM INCIDENTS
JUDGE GAVE SOME ADVICE
Counselor Wanted a New Trial and
Did Not Get Twas Told
to Hunt Another
Case.
NOTED MEN AT Wl1 M'KINLEJ, IS BLERTo
10,

II was looking over an eastern paper
this morning." said an old attorney at
the Thornton today as he removed his
cigar from his mouth and called the at
tention of a friend. land 1 saw a story
that reminds me of an amusing remark
that was made by a federal judge back
in Wisconsin few years ago. The
story l have just read was about a de-
cision that was rendered by the same
judge. and that is why l recall the in
cident.
AT the time of which I speak the
jurist had been listening for several
days to q case which was rather dry in
itself and was doubly so to his honor
for the reason that he had heard 1t a
couple Of times before. The attorney
for the defendant was persistent sort
of fellow and each time he was beaten
managed to get a new trial. For the
third time the jury brought in a verdict
against the client and the lawyer
promptly gave notice of a motion for
new trial. The judge looked down at
him benignly, the suggestion of a smile
lowering about his mouth. and said
pleasantly, but with sarcasm In his
voice:
"'No, II I were you Mr.. Smith, I
would not try this case again. don't
think you want new trial. Go out and
get yourself another case
"That was all the court said. but the
lawyer concluded that he did not have
quite so many grounds for retrial as
| he had before the judge spoke'
Another odd incident I once wit
messed in a court roem." continued the
! speaker, was when two attorneys
threatened to fight in the presence Of
the judge. His honor was an old dig
| nified man and lawyers knew his ap-
probation of his own dignity too we'll
| to really allow themselves to come to
blows in his presence. but it often hap
pened that they would go SO far as to
make dire threats towards each other
| in his court. On the day in question
| two rather muscular attorneys were
| trying a case against each other and
they waxed warm over many of the
points in ISSUE They called each other
names as harsh as the surroundings
would admit of, intimated that there
were witnesses in the case who were
not telling the truth and referred mean
ingly to the things that might happen
ii the forum We're a different one. Sug-
| gestions in regard to the possibilities Of
outdoor exercise in which the same le-
| gal light might be the only parties In
| interest were made now and then.
| Finally one of the attorneys seemed
| to take especial offense at something
that was said by the man on the other
side Of the table and he bounded to his
/ feet in a towering rage and swung his
| hands high in the air, declaring that
he would not suffer himself to be in
suited in the manner that his opponent
had referred to him. He expressed his
regret that he could not throw down
the gauntlet then and there for ply
steal encounter and his adversary arose
and announced that if the place were
a proper one he would be glad to do
battle. At this point the Judge looked
over his glasses with an annoyed ex-
preston on his face and said:
Gentlemen, If you have any diff
culties which you desire to settle by
fistic encounter proceed to adjust them.
The court will take no judicial notice
of your actions. I find that the num-
Ter of apparently belligerent lawyers is
rapidly increasing and they sem to have
to make great self-denials because
they cannot fight in court. have often
wondered of these court warriors were
really as fierce as they seem, so now.
gentlemen you have my consent to
pound each other as long as you Wish.'
while the judge was talking the war
cloud vanished. The attorneys did not
seem to want to take any chances on
getting hurt and from the minute of
the courts speech to the close of the
trial the lawyers were able to get along
peacefully. The court had called their
bluff and they no longer had an excuse
for wanting to fight. 1 might remark
in passing, too, that no one ever heard
Of their meeting in Physical encounter
outside OF the court ROOM"
"Just one more courtroom incident
occurs to me-" the lawyer went on.
"This one is with reference to the man.
ner in which a young lawyer got even
with an eminent and brilliant attorney.
The great lawyer was known as men,
Der of the bar who had scarcely an
equal in repartee. The lawyer was a
good looking man but he happened to
have slightly retreating forehead One
day he was in court trying a case
} against young attorney and at every
turn was giving the Junior member Of
the bar much the worst of it. Finally
the young man jumped to his feet and
sarcastically referred to the position
taken by his learned friend-hfs learned
friend with the high forehead-high like
a COW. When the reference was made
to the nature of the great lawyers
high forehead ripple of laughter swept
; over the court room, and form that time
on the young fellow got show in the
case. For once the eminent attorney
found himself unable to make telling
reply"