The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-08-03
Glide JUDGE FOR UNFAIRNESS
~ PREWE COIRT SAYS M'iTOY
UiS ~ tRSH To 4 LtHIER.
ne, crSrS IIs Decision lsecause Zee CalIed
ObbectIon "RIdiruIOJ-'' aud Caused
jury To neiIeNr That Tie ThoaKht
witness Wasn't Telling the Truth.

jury To ueileNe That Tie Thought
witness Wasn't Telling the Truth.
! The Appellate Term % the Suprems
Court. which hears appeals from the City
| Court. reversed yesterday Judgment
obtained before Justice McAvoy because
uf remarks by Justice McAvoy concerning
| the defendants lawyer The defendants
were Isaac Harris and Max Blanck. doing
business a. the Triangle Waist Company.
who were sued for g. $50 10y Marie Ben
nett On the ground that an employees Of
theirs had struck her She got verdict
Of So 10 before Justice MCAvuy
| Justice S.'abury. who wrote the Ap =
pellate Term opinion. Concurrtsd IN by
Justice Blur. said that the judgment was
challenged uu the ground IT alleged ms
conduct bv the trial Judge and remarked.
! -DiSagT,-slble n - the task Of deterInin
ing IA" merit II this contention. It is a
duty which ia Justice Ia ia. rights Of the
defendants and their counsel cannot I've
ignor,Sl-
In the trial before Justice Nc Avoy the
lawyer for the defence directed e. the
manner in which IA witness for the plain
TN was t"stifying and said You keep on
charging and rnlargiuR Tn. lawyer
for the plainttn tpok an exception % the
remark and the Court said. Sustained.
Counsel - Crnsur,l for making foolish
remarks The LAWYER fpr the defence
then said i take an exception 81 your
/ HOnpr'- remarks. and the Court replied
If | have t. sIt here and listen 10 fool-
lshnr-= by counsel and not be allowed 60
repr"hend - ! won't stand for this nv
counsel. and Il n happens again I will
Tin" vou and commit YOU. and that will he
Suhl'S" only - habDas corpus aud not to
"a mrr" exception
IN. lawyer asked the Court II he could
take exception ." IN" remarks " the Court
and Justice McAvov SAID
You may except t. anything Won like
II ypu think u does Won any gpod |
wont stand here. or 80 here. and lI-tsn
~ say. q remarks Of counsel which they
know t. b. improper, and relying upon
III" JIdg" being n dummy and not opening
hl- mouth . the couu-"l- foolish re-
marks
! tax" an exception 80 th" remark Nv
the InuT' and th" InsluultIuu that co,n-
sci assumes that IN" Judg" - a dummy.
which | never dtG. said the lawyer
You mus, q you thank You can 60 gn
thar way. said inp Court.
Ju~tIv" S.'ahury declares thai u seemed
clear that any "ua experienced in the
wurN If th" trial term must appreCiat.
how unnecessary the yolluquy was and
that without ade-iuat" ca'is" u placed
counsel m the position II havIn: been
cen-ured 10y m" Cpur' and Threatened
Seahurv SAYS that following the first
CpllDgtIv ~" court Crus--aNamined one
II ia" defendants witnesses IN such a
manner a. -'u show plainly that IN IN"
upIuion - IA" Court IA. defendants wit
hess was ncyoud b'iI"f
After the foregoing colloquy the law
yer attempted - object - the CrpsS
examination a. tending - msk" an i'm
preston upon the jury that the Court
dIdn believe IN" witness
hat - FtAtFiIlptt. sad .lGatlga Nc
Avuv Whom N" lawyer objected tn
that ASSERTION tho COur' replied
II - ridiculous and viii not he h@ed"d
hv tn. count OF the jurv and thor" will 30
.at"r he would hear NJ NOR" m the
lawyer on the subject and wien this
brought an exception the Judge said
No | will not hear any more from you
az all You stand up again and make
a remark 20 m" that think j. insulting 10
- the Court and Will commit YOU Z"
jail A. SUI" a. You are sitting IN that chair
/ Will commit wa and not impp-' fine
but "a CruT'ment for tn" full term
Concerning thus CHllpVuy Justic" SEA
bury satd
We think ~ unjust that counsel IN
eu'i"lVuring - prot"o' -" riGhtS 10 hlS
ch"nts should %" subjected 20 IN" treat
rrent accorded - IN" defendant : counsel
m tins "a" IuIn-al was within his
rights an noting an exception 20 the az
animation hy ~" Court We do not
fn.sln ?, intimate that N" court NAV not
Property "Namrue . wI'ns--S. tut where
however. ~" Court conducts a prolDnga
examination Il witness and IN. eNamI-
nation - such ~ - convey - the JUry
the imp-' -sIon that IN ~" ppinID ~ the
iovr' H." witness j. unworthy ~ belief
counsel may not" An object ION - that
m r..NurR upon auIraal ~ may not apt-,ar
that b." au.Iui"sr'd N such examination
lh"r. Va- no dIs-"sI-c' - the Court IN
the fat that an uhIs,'irn VAS made
N"r DID IN" far' that counsel made an nh
I"r'Iun merit ~" reply that It Vas ridicu-
IrIls