The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1906-07-12
'The Personality of the
Judge"

The Personality Of the
Judge" "
Addres3 of I. W. Beckett OF Louis
burg, Delivered Before the State
Bar Association at Wrightsville.
One of the most charming address.
es the State Bar Association ever had
the pleasure of listening to, was that
of Mr.. T. w. Beckett of Louisburg, de.
livered at the meeting in Wrights.
vile. So wrote Mr.. Geo. Z. Pell oi
Winston, in reporting for the News
and Observer. Mr.. Bicket's subject
was "The Personality of the Judge
Affecting the Case" The following
synopsis is given:
In opening, he said: II take it that
l was selected to speak on the person
ality of the Judge, on the same princi-
pie that old bachelors and that por-
tion of our feminine population which
a euphemistic age calls 'unappropri-
ated blessings are considered the
ultimate authority on all questions
pertaining to the management of
children. There is nothing so irref-
utable as pure theory; it is invu-
nerable alike in head and heel.
''In the Illinois exhibit at the St.
Louis Exposition / noticed a pile of
very venerable looking rails. Above
them was a card bearing these words,
we have no evidence that Lincoln
did not split these rails Certainly
L have no means of knowing that
what [ am about to say concerning
the personality OF the Judge is not
So"
Proceeding on the assumption that
the Judge has a personality-an as
sumption not always borne out by
the facts-he stated that the first
element of such personality should be
one to exclude the suspicion that in
a Judge was lost a gentleman. Power
has an intoxicant and, unless diluted
with common sense, will "fy to the
head" Occasionally, therefore, sud-
den elevation to the bench sometimes
makes the Judge giddy so that he is
not content to "preside" but must
also perform" Judicial vaudeville
should not be encouraged" Under
his name on the program sent him
some one had written, "Give 'em
thunder for clucking on the nest. !"
This special instruction, said he, was
given.
Power was not only an intoxicant,
but tended to tyranny. This was the
great objection to the life-tenure for
any office; "such tenure is monarchy,
absolute, irresponsible monarchy,
and is utterly inconsistent with and
subversive of the principles of Repub-
lican form OF government"
Sometimes the Judge is mindful OF
the weight and dignity ofhis position
and sometimes not. Heavy and
sharp are the words of those who sit
Gin the seats of the mighty" "For
J. H. Smith to speak hastily and
harshly to citizen may matter lit
tie, but for the honorable James
Hamilton Smith, Judge of the Su-
perior Court, to do the same thing
matters much. The Judge, in the
pressure ofgreat affairs, and trailing
clouds OF glory passes on; but in the
heart of the humble citizen there is
left sting, perchance a scar.
'The Judge who mistakes rudeness
for firmness, who bids for the cheap
applause of the gallery at the ex-
pense of the feelings OF people who
cannot talk back, does not exclude
from the mind of the thoughtful man
the suspicion that when the State
gained a Judge, it lost a gentleman. -
The personality of the Judge, said
the speaker, is and ought of right to
be the thirteenth juror in the box.
The judge in a trial ought to be
something more than a slot machine
of the law into which to put ques-
lions and get answers which if wrong,
would send the machine to the Su-
preme Court for repairs, The busi-
ness of the Judge being to try the
case and not be tried by it, no man
can make an ideal Judge or try a
great case with wisdom and power
who walks with the fear of the
Supreme Court ever before his eyes.
He should of course, have due regard
for its rulings, but when he is in con-
stant fear of them he cannot try the
case. "All his energies will be con-
sumed in 'cOoning the log"
''The personality of the Judge is the
most potent psychic force in the
trial of any case From the impanel-
ing of the jury to the signing of the
final decree that personality should
be felt and make for righteousness.
1t should be such that the jury would
be ashamed to bring into court a
verdict contrary to the weight OF the
testimony or the everlasting Justice
in the case.
The law says, and perhaps proper
ly, that a Judge shall express no
opinion on the facts in the case; but
neither statute nor constitution can
keep the Judge from expressing him
self. This attribute is by far the most
important in the judicial equipment.
If tie Judge admits incompetent tes-
timony, the error may be easily cor
rected; if he gives An erroneous
charge, the wrong can be soon right
ed. Bot if he gives off the wrong sort
OF atmosphere, then the evil is final,
irreyocable, irrimediable. The Su-
preme Court cannot reverse it."
But the personality OF the Judge,
and it's effects on the case is not con-
fined to the jury box. 1t permeates
the har. and laroely determines hoth
the quantum and quality OF its &C.
tivities. As a rule, the bar will en-.
deavor to live upto the expectations
of the Judge.
"But not only does the personality
of the judge affect the extent of a
lawyers efforts, but it largely fixes
the ethical standards which prevail
in the examination of witnesses and
the argument of the case. l have
known lawyers to listen to the
charge of the Judge to the grand jury
not because they expected to be edi