The times. [volume] (Richmond, Va.) 1890-1903, 1902-08-08

All Al.-iAllAAsSy1N lie R&st1 Sc sl.8flGllXs1AA-
ne ne sees, feels and realizes that hre -
I'D I'D partlal enforcement OF the law the
earnings of a lifetime Of honor and IN
dustry are to be swept away by his
Judgment or worse yet, what is 1t, to MIN
: tnat IN a moment eff temptation or tria'.
II may be, an act is committed for the
preparation Of which he sees not only
: the liberty or life of the culprit IN the
balance, but the hopes and record on gen IN
eratlons Of honorable men and women
ABOUT to be forever blasted; the PRIDE or
century devoted to patriotism ana VIZ
tue brought low? What is it to him mat
{ ne hears the smothered sob OF q broken
hearted wife or mother, or sees a pearly
tear trickle and fall, mere eloquent than
all the speech since Adams tim =? HIS
heart must be steel; his eyes must be
unused to the melting mood, and looking
over and beyond human misery and un-
Influenced by former or present eXtrane-
Gus knowledge. he must see the cold,
stubborn facts. and seeing them he must
write 'ita lex scripta est or be ac-
cursed forever.
And thus we have seen him, true to the
obligations [ his oath. with an eye sim.
gle to the honor OF his position, loyal to
the law whose representative ne was
hold the scales of justice with an IN
shaken hand despite the demands OF an
infuriated populace on the one hand, anu
the efforts at delay on the other
AT other times when thougheiess ailu
sometimes venal press have for person
al or political reas sons assailed him, we
have seen him bear himself as only Que
who is conscious of his own INTEGRITY
and imbued with sense OF ms in.lS
calling can conduct himself and perform
E his duty impartially, feeling ana knowing
that his vindication would come when
passion subsidized and reason resumed hef
sway.
With such conditions an appellate judge
has nothing to do He sees only the cold
and nanmate record. and is required to
look only to see what errors of law, II
any, were committed, little suspecting
what varied emotions of sympathy and
indignation his brother on the circuit
had experienced in dealing with the living
characters who figure in that record.
GREAT DIFFERENCE.
How different the duties Of the two!
The nisi prus judge sees case un-
folded for the first time. Facts OF Whlcn
even the most Industrious counse. d.
ignorant, are unexpectedly developed, Of
tentimes clashing with the preconce1Ved
theories of both sides; their relevancy
must be determined and the cause must
proceed. Little or no opportunity Is al
forded to consult precedents Inc arSu,
ments are made without preparaLl0il. anu
the trial court must RUE. no Io"sS
reaches the Supreme Court IN the inea'l-
time the whole subject has been eNpioleu'
Authorities have been found on Doth SUI l..a
Exhaustive discussions at the par Oh the
appcllate court place the question before
that court 80 ucidly that the right OF tne
case is made clear The appellate Juose.
with ample opportunity 20 reVie" ai.l
consider the questions, at ienstn nanes
down what the successful apPetieliI
pleased to call a luminous anu
tive opinion, and the wonder Is 'na
nisi prus Judge ever maze suIh ar
der In deciding otherwise. l "a
tlemen. that this is no falr teSt u
.b;l;ty of tho two judges. Reverse me
conditions and the probabilities are thas
this same appellate judge, espeeiaI.s
he has been long on the oencI' WIZ
have committed the same error anu auueu
humble of others to 1t, OF Il me St
library had been, accessible 10 .its -, ~
Judge that was at the d1sposai ", ~ q
RELATE court. he would nave u.H,ae
question right in the nrsl lns for +ht
Having indicated our sympathy lon eils
,,si nrins nudge we can without o!hsue'
n,,,,,.as. o,r view of what tho IDEAL UT
cult Court should be-
MIST BE BLAME11ESS.
oo.rra I'm to the full stature, he
.,o,,,d FIRST of all, be man sans puer ct
~ s.ns rerroche.',, His life should De tue
n,ost eloquent of ali pleas for all tha'
is pure. Just and lawful. Wnat II,
teaches and expounds by precept ne mus
not by example pelle
If from his high place, ne cna' sc
as he must against wront, crime aiu ~.
~
70 n higher and purer atmosphere o. ~
cial ,;fa his own life must be blaneiess
The snectacle of q judge read>ns d
boni,y to the grand jury against gam
hing and vice and len lhoiceeo ~
the same grand jury for gampll'ls "ouie
.hock the bar and public alike, ana prov
On incurable blow to the administrator
If Justice by him in his circuit
He should be one who loves justice
He should be a patient listener, pu. al ..l'
same time have capacity LOT 'he ui9
patch of the business OF MS courI ny
must keep the control of his docket.
But # is when the constitutional jury
,s obtained. and the trial proceeds. ina
the mis-, prius Judge is himself placed or
trial. It is then he invites the closes
ecrutiny From the moment that the
first witness is called until the verdlc'
is rendered it is is his part to guide the
t,ial in the paths of the law.
He must be careful in deciding a cues
ticn of evidence to keep his own views
as to it's weight to himself passing only
on it's competency or incompetency.
While he must not deny the freedom OF
argument. he should rigidly require coun-
sci to keep within the record and the
testimony, because it is the very essence
of a fair trial that the issue shall be
determined according to the law and the
testimony.
when the jury return their verdict the
trial Judge is called upon to exercise one
of the most important OF all his duties,
that of determining whether new trial
shall be granted Sir William Blackstone
long ago summed up the necessity OF
lodging in the nisi prius courts the power
to grant new trials.
HIGHER DUTY.
The nisi prius judge has higher and
! more responsible duty than to merely
record the verdcts of juries AS sacred
! as the right of trial by jury Is. to sub
serve its great purpose. the right Of the
Judge to set aside verdict must be pre-
| served along with it.
II by misdirection of the judge error
| is committed. he should be the one to