Daily press. [volume] (Newport News, Va.) 1896-current, 1908-02-21


charges of malfeasance and mlsfeas-
ance against magistrate. that the
accuser need not be required TO prove
every specific particular. II that be
true In tho case of justice, how
much more, true it ought TO be here.
Think OF it--a Judge of the circuit
court coming here and saying. You
shouldn't say have been drunk on
the beuch unless you can say when!'"
Mr.. Page of the committee, here in
terrupted TO say; "Mr. Lewis, you are
partly right and partly wrong
a moment or so later Mn. Lewis
said: Without meaning to anticipate
the prosecution. might be Justified
in saying that we may prove that
his drunkenness or other ofrenses oc-
cur SO often that they make no def
mite impression ON those who ioted
thcm.'
Mr. Collier now arose and vigor-
ouly pressed for recognition OF the
points raised by the defense. Incl
dentally he denied that Judge Black
stone had ever made the ruling con
corning the trial of magistrates to
which Mr.. Lewis had alluded. Ger
tainly lie could recall no such ruling
though he had prac;Iccd long in the
courts OF Blackstone.
Just before noon the committee
went into executive session In order
to pass on the points made by de-
fendants counsel.
Prosecution Sustained.
The committee returned Mt 1915
p. M, after having passed on the oh
jectlons of the defense. The prose.
cution practically was sustained In
all the Joints; save that as to the
charge concerning the delay In OPEN
ing court. the state was required to
specify what term of court It was. In
other words. II sufllces merely to
chnrge that the ofrense was COM
mited since 1904, the beginning of the
present term
A Lawyer Witness.
Il. NJ. Lett Of Newport News, was
the first witness. He has practiced
law since 1892 and has often appeared
Asked IL he had ever seen the
judge Intoxicated. he said:
"fhnts n pretty hard question to
answer, Mr.. Lewis | never saw him
drunk hut once, still think he was
under the influence OF liquor while on
the bench
Have you ever known OF mIscar-
Niage OF justice lin consequence OF
his condition?
Gentlemen. don't know. think
the remedy when lawyer feels ag-
srleved Is tho Supreme Court often
Judge gives lawyer n spanking
when he deserves It.
Mr. Lett was somewhat cautions
ana chary about definite answers
touching the Judges condition. He nd
, mltel, however. that he had note,
Il SERIOUS, grIevous. pitiable change
OF recent years. If 1t gets TO opinion,
| think II Is Illness. IL may be That
drink added to It..
by Mc. Lewis: Have YOU ever seen
him asleep on the bench?
have seen him apparently asleep
SO we couldn't attract HIS attention.
Mr.. Lett here rotated the incident
of the Sheets case.
Next. after a series OF questions.
the lawyer witness admitted that
Judge blackstone had been TO n
| washington Kelley Institute. After
no came back he was In pretty good
shape. Mr.. Lett wasn't certain about
the time-he thought it was within
the las four years-since 1908.
Lawyer Lewis said that II subse-
, luent events proved he went 10 the
institute moro than four years ago
he would nsk that the evidence he
ruled out
a little later Mr.. Lett admitted
that he and another gentleman had
taken the judge 10 the Washington
keeley institute. When he came back
there was little effort to keep IT Sc
cret.
Nh. Lewis-EIave YOU ever seen
MIN when his condition was such
mat he was unable 10 transact bust
ness-if so. was II frequently or oc-
cosionally?
Il believe" slowly replied witness
that Judge Blackstone's mental con.
dition at the present time is such
that he is not able to cope with the
work of he Circuit Court in his cir
cult"
Mr., Lewis-Do YOU know Judge
bAckstone's general reputation for
sobrety and morality?
Al believe do.
The question being repeated. M.
Lett said with depreciatlng shrug;
Il don't think It is good"
Mr.. LcwiS-Is IL bad?
Al don't know whether the
judges reputation for morality and
sobriety affect his ability ia trnnsocr