The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-05-01
CURRENT
PRESS COMMENT
A st. Louis Example

The citizens of st. Louis have now a
better insight into the reasons why so
large number of people in various
states have voted for the recall of
judges. In the case of the United
States VS.. E. G.. Lewis recently tried
here, we have seen ample warrant
for such sentiment. Whether it
would be wise to make the judicial
recall part of our system of gov
eminent is a debatable question, but
that the incidents in the Lewis trial
give proof that in some cases it would
be substantial protection to the
rights of citizens is plainly shown.
When judge sitting on the bench,
and supposed to hold evenly the
scales of justice, constitutes himself a
special prosecutor and shows undue
eagerness to convict the accused, it is
time he was retired to private life,
the more private the better. There
would be in such action in case like
this none of that passionate bowling
of the mob which we so often see de-
clared to be inevitable in the recall
system, but it would be a calm and
determined expression of disapproval
of such perversion of the judicial
function.
Not content with showing animos-
ity and prejudice during the entire
course of the trial, Judge Amidon
practically made an argument for the
prosecution when he delivered his
charge to the jury. This is not so ap-
parent in a calm reading of the text
of his charge, though that shows a
strong leaning toward conviction. 1t
was his manner which was the most
significant and was intended to i'm
press the jury with the judges own
conviction that Mr.. Lewis was guilty
of the charges against him.
Then. on Monday morning, after
the jury had been out two days, and
in spite of the fact that the foreman
said no further advice was desired, he
argued to the jury for more than an
hour that it was the duty of the jury
to bring in verdict and that such o.
verdict could be nothing else than a
conviction. That this argument had
no effect upon the final action of the
jury does not lessen the gravity of
fairness.
BY that time the jury had no doubt
become so impressed with the preju-
diced state of the judges mind-to
put the most charitable construction
upon his conduct-that it paid little
heed to his utterances.
There are enough men of high pur-
pose, great legal attachments and
strength of character to fill the fed
eral and state benches. 1t is not
necessary to retain on them men who
do not measure up to these standards.
When a mistake is made in putting
prejudiced men on the bench, some
other method than that of impeach-
ment would at times be desired for
rectification of the error.
Mr.. Lewis has no interest in or con-
troll of the Star. What the Star has to
say about the way his case has been
handled by the prosecuting forces is
dictated by a love of justice and a
knowledge of the details of the long
prosecution to which he has been sub
jected, which enables it to realize and
understand its animus, vindictiveness
and INSCRIPTIONS nature more fully.
perhaps, than others have been able
to do.
Such scenes as were witnessed in
the Lewis trial have never before
been enacted in a court room in st,
Louis. Federal employees, anxious to
please their superiors and hold their