New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-04
GAYN0R ON JUDICIARY.
CRITTCISES THAW CASE.
Says Trial Judges in Ne1o York
County Dire Too Lenient.

Gaynor spoke TO the Harvard Law School tonight
sitter dining with the faculty. His subject was
THE Realities of Legal Practice" He spoke Of the
conduct OF tie Thaw and of the administra-
ton Of justice in New York County. lie said:
must assume that you know that the everyday
practice Of the la~ in the State OF New York is
noJ n aGcoFdanGe with me EXAMPLES OF IT wncR
you thought IT was, you would invite any one
Some of our newspapers are frequently condemping
ihe method Of trying causes In the city of New
that the higher judicial system is founded on The
counties within the limits OF the city OF New York
and that in three of them the trial OF causes is
land. Massachusetts or New Jersey. for instance.
The counties Of Kings, Queens and Richmond know
OF no such thing taking weeks select jury
IN any case. however notorious. It IS matter Of
weeks or months TO try in the county of New York
would he tried in any Of them in day a few
turned into sensationalism or grotesqueness there
Il is tried right off the reel as the saying is The
delay. Re understands that he is no mere autom-
and wise stupid quite helpless, and limited IN
his powers TO rule on objections made by the law
:eTs' while they DO as they please he understands
that he IS Put there with ample power to control r1eo
want, diiatory and triIing from it, whether it be
FIRST objected 10 by the lawyers or not He under
called. is not that of mere nonenity
The laws Of New York contemplate a 1.-Two and
alert for Judge, in England Trial by jury
means by 3udge ard fury. the judge being in CON
t0 and 3f keTGsn nE ege ngen9 % IN
case over in New York that took about three
were protracted in the same way during recent
Justice in New York to he viewed with astonish-
nleTlt and oerision all over the country. But ting
have said. and the bench and bar of the rest Of
the state repudiate it and are not yet much in
=, After The recent trial some of our newspapers
vent such DELAYS and grotesque proceedings in the
given more control that the rules Of EVIDENCE be
changed: that insanity EXPERTS be limited to
stop to, think that trial Judge in New York
county has the same power as a trial judge in the
HE state or in the state of New Jersey or Massa-
evidences and the same rules Of procedure exist in
~, ne county OF New York as elsewhere throughout
very different They would inquire why the same
county Of New YORK The mond peeVe the f t9
to be local only that Il is not in the system itself.
for four days Instead of for half an hour and the
time taken up day after day with harangues blck-
erings, long arguments OF elementary propositions
trial fudge permits it Wien he is i6trgsted vita
essions and conduct the trial with expedition In
felhgent expedition is not haste. This is a matter
for the judiciary and the barto speak plainly about.
Justice Gaynor spoke of oratory and the demeanor
OF lawyers, in addition to points OF practice, as
follows:
Much harm is done 10 law students by sending
them out with exaggerated notions about others
tod that EsRRe scae sr we % tGq Rus Rs6 aFe
s ssa6 WG s i and so on never lost case or
won: for lawyers ability and fame grow more
choate right along after he get under way as a
Young man: And false notion is conveyed about
nomenal You are told. for instance. Of the Godike
senator HosT tells US in his memoirs that Weosier
weighed only l67 pounds and was only five feet ten
ance. and even sluggish. unless aroused. In the
tTsl Of "a lawsuit he vas InethodicaI and painstak
The law and not on the mere use Of words. With
The requisites Of oratorY are. first, the matter:
second the man Of probity and character behind
your orator is not there however brsnt his r6et
orie / DO not deprecata q good delivery But a
mere rhetorican is not orator. There is vast
difference between rhetortcian and an orator II
there be the matter and the man and fair de-
make the orator Most of the great orators Of the
fsiTg good spSakefs You eed to know W. ali ' Of
this so as not 10 attempt TOO much IN speaking
vehemence at certain points let II 5e in due pro
member that the ocean never Iashes itself into a
tempest merely 70 waft feather Or drown fly.
Read and memorize Hamlets speech to the play
tTs, u you understshc our subject you %l MAKE
thing. Lawyers who merely glib are a bore:
languages and stolen the scraps but they say moth
ing and do good. They weary every one. Do
II pals. II any one recommend that you practice
l3 DeIoIe mirror say 20 nm maS ~ beart
and nature which are essential TO an orator The
orator il more rugged than polished My eXpe-
Hence IS that able men are, as a rule simple IN
manner end ordinary in appearance ,, 80
cicero tells you what an ordinary looking man
CESAR was as be sat adjusting his hair so nlce!y
ana scratching his head with one finger. No one
eOneelyng and accomplishing. The Almighty sell
dom puts large mind in imposing exterior. and
never in pOmpOus Use simple words al
ways Of syllable instead OF two If you can
get trem Cultivate cOndensa ton and breyity OF
speech II word suffice, do not two, and
courts and juries Will bless you and YOU viii grow
IN Zane Nav. the of silence itself
Is often beyond that Of words.
Be natural and courteous 10 the court and your
opponent. but not seFviie effusiyey polite. for
That is offensive and the greatest Of impoliteness
Ing IF you have the faculty of Wit il will and
then show itself naturally And. of all things,
never be pompous The able lawyer who goes into
his case simply will larger all through II.
while The contrast Is udicrous 10 judge and jury,
ana sometimes painful.
pe man first and a lawyer second. do NOT be
come m appearance and manner a mere parchment
lawyer You avoid this by deVOting yourself 10
general literature well the law. Read the
siole. Shakespeare Bacon, Milton and your class
,shlcn Will solace and anuSe as long as the WoTld
,ssfs. also Gil Bias and the autobiography Of
henreHuto CelIini Read history. especially the
philosophy Of history. like Diapers intellectual
Development Of Europe Lecky's European Nor
as and Emil Eeich's Success Among Nations
ssleay political economy beginning with Adam
and political wisdom. az Glbbon calls him. Also,
q you have had a taste for mathematics, do not let
y ole out Go over YOUR Euclid. and even your
comic sections. again. In this way you will broaden
your mind and become strong and coeent as a
man and lawyer. instead of degeneratng INTO a
mere parchment lawyer. in face. heart and soul
MEN DON'T WANT GRADY BILL.