The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-08-10
THE TRIAL JUICE.


~ rHE EptToR oP THE SrS-SU. The
rseeu, decision VI the Appellate Term OF he
supreme Court reversinE . judgment ne
caass of the remarks made BY the Jndge
trying The case must Ie conceded 10 be good
Law in this state unless u - reversed. ne
decision l. important. however. A. markinG
= serious defect In the administration OF
Justice in his state and country.
In England a Judge, who - never ap-
pointed unless he has eeen . leader 81 the
bar. h considered to be an expert IN the
sdminist ration 81 Justice and TO b@ on
'r,ed to more power than Q Jury, which -
taken fIom The general public and does not
have his training and eHpertence ne
takes a prominent part in The trial. shuts
on irrelevant inquiry. prevents The intimlda-
ton OF witnesses. puts questions when
counsel have omitted to ask. and uses his
influence to see tina, the truth l. elected
and Justice dons to all concerned The
trial lawyers paw the greatest re- poet ana
give instant obedience 10 his slightest init
nation
The idea which prevails here. paTticu-
larry 10 the minor courts. - that Judge sits
as a mere umpire over q curious game
Conducted by t~o lawyers: that he mrst
not Interfere 20 project an ignorant witness
Who IL being badgered into saying things
be does not mean 10 say, or TO ask questions
TO elicit the truth that however much time
may be wasted by q lawyer in repeating
questions. particularly those that have
practically no relation to the case. or IN
making improper attacks upon Witnesses.
he must no, interfere Above all. he IL
expected TO conceal his opinion about the
veraoity Of the Witnesses and the merits Of
the case
According 20 the report in THT SrN the
Appellate Term considered that the trial
Judge was acting improperly in s1ying IN
the counsel. You keep On snlarRing and
charging and sRain. \ will not sit here
and listen 20 remarks Of coun sel which they
know to be improper and relying upon the
Judge being . dummy and not openng his
mouth 10 counsels foolish remarks The
Appellate Division also censnres the Judge
for cross-eIamining the defendants wit
nesses in oich manner as to show plainly
hat In the opinion Of the Court they we're
not telling the truth
OF cours. this mus, be the Law since one
Of our courts has 80 decided. But u seems
10 many lawyers and certainly to most lay
men. that Judge Who 10 a. for the ONCE
which he holds should be thoroughly COM
petent 10 form an opinion a. TO whether
witnesses are telling the truth. and II he
ihiaks hey are moi, TO examine them in order
20 establish 10 the satisfaction OF the Jury
whether they are truthful or not To check
the trial lawyers " they repea, questions
too often or make improper remarks, and
TO stop them promptly " they disregard his
rulngs
The manner IN which lawyers. particu-
larly in criminal trials and IN the lower
courts OF this city. are permit led by Judges
who are unwilling TO ma ntain the dignity
Of their Once to handle adverse witnesses
and persistenily to fout the Court. az was
- often seen in the first trial NJ the ThAw
case would never be permitted IN the United
States courts and in those OF England. II
cannot but be considered as unfoLtunAte
that this system should receive the assist
anre which " will have from the decision
in question ~ OLp IAwyER
NV loEk. August