The Dawson news. (Dawson, Ga.) 1889-current, 1913-06-13
]. P's. SORT OF FIGURE HEAD
SAYS JUDGE POTTnE AFTER RE-
vERsING ONE OF THEM.
Magistrate Wanted to sect Shut of
Case" in ThiPty-Six Minutes So
He Could Catch Train.

He Could Catch Train.
ATLANTA History records the
downfall of a famous iurist for an
opinion he indicted okce on the jus.
tice of the peace. Justice Blanford,
admittedly one of the most brilliant
judges Georgia ever produced, wrote
famous decision in which he ex-
pressed some rather caustic views on
justice as administered by justices Of
the peace.
Wiser in his day and profiting by
the knowledge that Justice Blan-
fords opinion encompassed finally his
defeat Judge Bob Pottle. of the court
of appeals, pays a glowing tribute to
the Importance, the might and the
standing of justices of the peace.
While reversing this particular JUS
tice of the peace he clothes him about
with such garments of wisdom and
Importance that any man would glow
over such a reversal.
dS0 ETOlA OAdSSOGk 0OuhNgs
This particular justice lives in
Glascock county, and the opinion in
which he is embalmed in fame sounds
Haywood VS.. Kitchens. He is revers-
ed in failing to grant a certaorari of
this particular case to the higher
courts. The suit itself was of minor
Importance physicians effort to
collect a small account from pa
tient. The headnote reads:
Judge Politics. Opinion.
''In the trial of a case on appeal
in Justices court it was error for
the magistrate to inform the jury
that he desired to take a train in
thirty-six minutes; that he wanted
verdict made one way or the other,
within that time, in order to permit
him to take the train, and that he
wanted to get hut of the case in
some way in that time. While the
amount involved was small the evil
dence was sharply conflicting and
somewhat voluminous, and the con-
duct of the justice tended unduly to
hasten consideration of the case"
Then Judge Pottle shucks his coat
and gets down to his real and mas
terly tribute to the justices of the
peace in general:
Tribute to Justices.
'"The truth is, on the trial of an
appeal in a Justices court the mag
istrate is sort of igurehead. He is
shorn of most of his power and lit
tie is left him save his dignity. He
is not bound to charge the jury at
all; in face, it is decidedly the prac-
tice for him not to do so. If he does
the jury is not bound to follow his in
structions. A magistrate is generally
held in great respect by his neigh
bors. He is usually one of the lead
ing men in the community. The very
position of a justice on the bench
may. in the minds of the jury, give
his statements greater weight than
would attach to those of an advocate
presenting to the jury his views OF
the law from his position on the
floor. Hence, it is when a justice
undertakes to charge a jury ne must
charge them correctly. Thirty min
utes may have been ample, but it was
more important that the jury should
maturely consider the case and reach
a correct solution than it was that
the justice should get shut of it and
catch his train.
Diplomatic Material Overlooked.
Judge PottIe graces the bench, but
reading the above one is driven to
the conclusion that President Wilson
is overlooking rare diplomatic mate
rial in the stocky, compact, good
looking South Georgian.