The daily sentinel., 1904-04-16
Judicial Uppishness.

| In the. case of Boles in Denver, a
man charged with the crimes of muir
der and ravishment. the trial judge
has refused new trial, and unless
the supreme court takes different
view of the case, Boles will go mp for
life.
| Boles, if proven guilty beyond
doubt. deserves to be boiled in oil.
But an unpredjudioed reviewer of the
/ testimony at the trial. as printed in
the Denver newspapers will find it
mighty hard to reconcile himself to
the theory Of Boles' undoubted guilt.
Throughout tile hearing the trial
judge-Dixon of the Pueblo district
manifested a surprising intolerance
toward Boles' principal attorney,
Madrice Finn, late of Cripple Creek
The insulting language which Finn
was forced to endure from the bench
would have driven most attorneys in
disgust and dispair from the case. 1t
was a foregone conclusion in the
minds of attendants at court. long be-
fore the case went to the jury. where
Roles would land. The NANTES st pre-
iudice of the court towards attorney
and client naturally communicated it.
self to the panel of professional jurors
with the natural sequence of guilty
as charged. The jury excused itself
for not fixing the penalty at death in
stead of life Imprisonment by confess
ing it was not certain of Boles' guilt
One does not need to be versed in
the intIicacies of law to know that
such findings are an outrage on Justice
The defendant, no matter how heinous
his offense, is entitled to the benefit
of doubt. The Boles jury confessed
to there being serious doubt of his
guilt. yet adjudged him gnilty. and
the judge. on appeal for second hear
ing peremptorily refused to listen to
the recital of alleged errors in trial
and insisted that the jury's verdict
should stand.
Not content with this. the judge
again took occasion to loose the vials
of his wrath ON Finn S unhappy heao
He was charged with impertinence,
lack of respect to the court, ignorance
of the ethics of his profession and va
rious other remissnesses. while as
matter of fact the reviews of the
rial seemed to show the ipdge crack
ing the whip and Finn enacting the
roll of the huI lbled and subdued. 1t
was evident that the Judge did not
like the cut of Finn lib nor the fit
OF his clothes. and as it was then too
late for the attorney to change his
author or his tailor. Door Finn had
to swallow his humble pie and his
client dose intended to stay with
him for life.
1t strikes us that some judges-and
very ordinary specimens at that-are
unnecessarily. sven abnoxiously, jeal-
GUS of their official prerogatives. 81
Better a thousand times that court
dignity should suffer an occasional
shock than that the course of practice
should run awry. The court t. be
sure, is entitled to full respect, but it
is not entirely necessary that the
judge shall hurl verbal dynamite or
pose in black silk gown in order to
sustain the full measure Of his great
ness. The court on its part likewise
owes its need of respect to the attor-
neys at bar and to the general public
Many men elevated to the bench take
themselves and their duties too Sc
riously. Since there is very narrow
margin betwixt justice and tyranny,
the bench should be very careful not
to overstep the line.
We believe the day not distant when
the people will rebel against raising
up as ainst creatures who in return
insist that their creators shall fall
down and worship them. TIE majesty
of kings has not descended upon the
Colorado judiciary, yet some assume
it. and the Judge who shows preju-
dice against any person arraigned be-
fore him. or his representatives, is
unworthy and unfit to sit in Judgment
on the lives of his fellowmen.