Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-12-31

Ing results required by absolute jug
tIee and equity.
A strong Illustration of this trait
Was given once in his charge to a
jury in Santa Fe. A New Mexican
statute forbids our judges to COM
ment on the weight Of evidence in
their instructions to iuries. but not
withstanding this statutory prohibi-
ton. and in lofty disregard of this leg
~islative attempt to hamper the judici-
airy, Judge Axtell In substance said to
the Jury. something Ike this. in the
course of his instructions:
Nov gentlemen, We come 70 the
evidence Of the witness, Brown This
man Brown comes on the stand, and
under oath tells You that he Is a de-
t|ectivo. and I want to say to you gem
tlemen Of the jury, that detectives, az
q class. arc entirely unworthy Of be-
llief, ana this man Brown is the worst
of his class that ! have ever seen
Strange to say the jury promptly re-
turned "a verdict directly contrary to
the evidence of the witness Brown.
In another case tried before Judge
Axtell at Santa Fe. the principal wit
ness for the plaintiff was a distin-
guished member Of the bar whose
name. we viii say. as he still lives, was
Cannibal. while the attorney for de-
PENDANT, We viii say, as he also still
lives. was named Fitchett. After
plaintiffs evidence was closed, Mr..
Fitchett called up about nine persons
as witnesses. whose appearance was
not Of the most prepossessing char
acter. Then asked the judge, with Il
slightly crooked and scornful pointing
finger. Mr.. Fitchett. who are these
people,"
And Mr.. Fitchott answered: These
are the witnesses for tho defense, your
honor
And tho judge then asked, DO
YOU expect to contradict Mr.. Cannibal
by these Witnesses Mr.. Fitchett
answered in substance hat he expect
ed to do so. where upon the judge said
Mr.. %Fitchett, must tell YOU that Mr..
Cannibal is a member of the bar Of
this court, in good standing and an
upright and honorable gentleman, and
a court house fun Of witnesses like
these would not be sufficiet to i'm
peach his evidence in this court, but
proceed with your case in your own
way.
Nh Fitchett accordingly proceeded
while the Judge crossed his legs, threw
his head back, and with an air of OBJ
~straction, steadily regarded the ceiling
as though he might he interested in
some possible web-spinning spider.
When y cessation Of sounds admonis1-
ed him Of progress, he turned around
ard asked If the defense We're through.
Being assured that il was, he asked
plaintiffs counsel If he desired to
present amy evidence in rebuttal, and
that gentleman quickly replied In the
negative. The judge then ~courteously
asked if counsel wished to argue the
case, ana plaintiffs counsel, as hur-
riedly as before said he did not, but
Mr.. Fitchctt said he wanted TO be
heard and the Judge again told him
to proceed, and resumed his contem-
p1atian OF the ceiling. Mr. Fitchett
went on for something like forty min
utes intent on performing his duty to
his client, in the face of such dis
enlargement, aud when his voice
ceased, the judge. with an air of awak-
enlng from slumber, asked If he were
cutie through, and being told that he
was. the Judge said, Judgment for
the plaintiff. Call The next case