Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-08-26

Ntigants, the attorneys, the witnesses
and spectators, who came for enter
tainment in big goat.skin coats, filled
the room to overtiowing. and tho
stove got to going and hot--it was
sometimes simply awful. The court
rooms we're either too cold or too
not, we'll ventilated or not ventilat.
ed at all. The lawyers could walk
about and kick their feet together
when 1t was too cold, or could es-
cape occasionally for a breath OF
fresh air, but the Judge uncomplaing-
ly sat upon the bench from eight
o'clock in the morning until six at
night; long hours in u northern eli.
mate. especially in the winter time.
1t meant lamp light in the morning
and lamp light in the evening, with
night sessions whenever 1t was nee
essary to keep up the work.
The hotels we're much like the
court houses, tempOrary--for the peo-
pie were poor and could not afford
the beautiful hotels which may be
found in that district today. But he
understood the conditions; he knew
that the accommodations were as
sood as possible for that day, and
he travelled with difficulty over that
sreat territory holding court, not
only satisfied but apparently pleas.
ed with the surroundings whatever
they might be. He was pleased, for
no man ever enjoyed the companions
ship of his friends more than he,
and he was always with his friends
for there were no others in the Sec.
ond judicial District.
The facilities for travel were bad
in those pioneer days. Very frequent
ly he was obliged to take long drives
in the bitter cold Of winter. and
sometimes stay over night IN a day
coach. stuck in a snow drift on one
Of the branch lines owe which 1t
was necessary to travel. The attor.
neys of the district were either young
and inexperienced " old and inexper'
fenced, and on the first day of the
term the judge would find many OF
the pleadings wrong and many of the
attorneys not ready for trial. In such
cases he quietly called the attorneys
to his desk and with infinite patience
and consumate tact made suggestions
that enabled them to correct theil
pleadings and prepare or trial. And
all this was done quitely and modest
ly with no buster and no reflection
upon anyone and with very little loss
of time, for with all his patience and
willingness to hear litigants anG
their representatives the trial work
never dragged. There was no wrang
ling in his cocrt. He had been 6
teacher just long enough to learn the
art of discipline, and his court room
was always a model of propriety ant
decorum.
| have heard some of his bes'
friends say that he was so straight
that he sometimes leaned backward
| and that in a close case he wOuit
decide against his friend for fear tina
someone might think that is friend
ship influenced his decision. Thi:
was intended as a compliment, but |
isn't a compliment because it is ;
bad to lean backward as to lean for
ward. 1t is not compliment and i
is not true, for he had nc friends il
a law suit. He leaned neither for
ward nor backward, nor to the RICH
nor to the left, but stood straigh
up, always guided by his conscience
and his innate n of justice ant
right. 1t has also been said that hi
was so firm in an opinion once form
ed as to obstinate. L never fount
him So. He was anything but obstin
ate. | rode the circuit with him ant
perhaps tried more cases in his our
while he sat upon the district bencl
than any other lawyer, and during
the twelve long years | was almOs
continuously in his court, engaged IL
the trial Of law suits, ! never appeal
ed from his decision. II | lost a case
| either convinced him ! was entitled
to a new trial or he convinced IN.
that | was not, and the case ended
there. | was in some cases appealed
from his court, but always for the
respondent. He was always open Il
conviction. He had no personal pride
in his opinion once formed and was
never influenced by public opinion
He had ever in mind the admonitiol
that he gave to the jury at ever!
adjournment or recess, to be careful
not to form or express any opinion
on the merits Of the case until they
had heard all the evidence and thu
law. Patiently he heard all that wat
to be said and readily he reversed
ruling or decision when a reversa
was right. l have often known him
when some intricate question of law
came up on the admission of testi
mony that might be prejudicial to
defendant, to take a recess to exam
inc the authorities, instead of letting
the testimony into the injury OF the
defendant and afterwards striking i
out if found to be wrong. If the
authorities sustained the admission
Of the testimOnn it was admitted, |
not it was excluded. He never jump
ed at conclusions, he never made III
his mind until he had heard all thu
law that could be presented; bu'
when his conclusions were finally
reached and he was satisfied in his
own mind that he a right, he was
immovable. He seemed to be able tt
grasp intuitively the issues of law
and fact involved in a trial. Because
Of his clear vision Of the issues o.
law and fact he was enabled to ex
press himself clearly, and his mod
esty compelled plain, simple lang