The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-18
Mr.. Tillctt's Argument.

In my telegram yesterday (thc
schedules are such that my story had
to be wired) | could give only bare
outline of the argument of Hon. Z.
W. Tillett in support of the motion
to transfer the case to another Judge,
but, brief as it was, it was so clear
cut, strong and eloquent, and made
such a profound impression, that IL Is
here given in full:
''Wiu your honor hear a few words
from me before passing finally upon
the question of transferring the case
to another Judge? I wish to press
upon your honor a few points to be
considered. This is a delicate position
which | occupy. Ordinarily we leave
the personality of the judge out and
speak of him as your honor and as
the court but here l am forced to
discuss the judge personally. Your
honor has spoken of transferring this
case to some other county and hav-
ing the issues submitted to a jury. /
wish to show your honor that there
are questions of law to be decided
more important, perhaps, than the
questions of fact. There will be ques-
tionS of evidence and of the legal ef-
feet of pleadings and findings in which
your honor will be personally and VI
tally interested and in the very nature
of the case you cannot give these ques-
tons an impartial consideration. Be
sides that how could there be fair
and impartial consideration by the
jury of issues involving your honor S
personality and how could it be expect
ed that jury in court presided over
by your honor would bring i'm a verdict
rejecting on the presiding judge? L
beg your honor not to put yourself III
that position. Your honor has borne
TaplItatioO cf hpincr "A man of in
tegrty and bravery. You fought with
Lee and Jackson in that immortal
army, whose deeds of valor have given
the world a new meaning to the word
courage; and, on the other hand, |
appear here to do for men as brave
as any that ever bled with Wallace
or answered the bugle call of Bruce.
we have it then, that your honor, as a
brave man, has a difference with my
clients, who are brave men. Your
honor has the power to try these mat
ters yourself and you have the power
to send the case to another judge. VIII
you try it yourself?
Your honor has said something
about the lack of precedent, but
earnestly insist that this ought to be
with your honor a question not of pre-
cedent, but of power. If you have the
power to send it to another judge (and
IL
ought to transfer the case whether
there is a precedent or not. l recall an
incident related of that big-brained.
big-hearted judge, r. T. Bennett of
whom it is told that on one occasion
he was trying a case which he thought
was one of merit for the plaintiff, but
il was claimed by defendant that there
was no precedent for the case. When
Judge Bennett came to charge the
jury, half rising in his seat, he said,
with great dramatic effect: You nave
heard it argued for the defendant that
there is no precedent for this case;
that there is no way marked out
through the forest of the law upon
which we can travel but / tell you,
gentlemen of the jury that If there is
no way already marked out then
will blaze one!' And / tell your hon
or that if / were in your honor's place,
and / could find no path already mark
ed out by which, could carry this case
to another tribunal, then l would
blaze one.
There is another consideration:
While no judge ought to be sWayed by
public opinion, yet every judge ought
to desire so to conduct himself that
his acts will meet the approval Of all
upright disintereSted men,
tell your honor that if you try this
case, you will shock the sense of JUS
tice of the intelligent upright, disin
terested people of this state, whose
approval l know your honor desires
Your honor will be tried at the bar of
the fair-minded public opinion of this
State and your action will not be APP
proved.
Hear one more plea: In after life,
when your honor looks back upon the
stormy incidents through which we
are now passing, then in those calmer
moments, you can but be filled with
regret when you reflect that you un
dertook to pass upon question in
which your own rights and the rights
of others were involved while on the
other hand if you let another judge try
it, then whatever may be the result