Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-01-07
TALKS
FOR WINCHESTER
Members Of Sixth Judicial
Bar Paid Eul0gIes to the
Retiring Jurfst
1hirN-1wo Attorneys Of the
District Attended Banquet
at M'kenzle

The banquet given Friday Night a.
the Hotel Mckenzie by the members
Of the bar of the 9Th Judicial district
in honor of Judge Walter II. Winches
ter, for nearly a quarter OF a century
presiding Judge OF the district court
here, who will retire on February
next, and w. l.. Nussle. who will sue
ceed him on the bench Of this district
was attended en- masse by the loca'
bar and by representatives from other
counties in the district.
At the conclusion Of the service Of
an elaborate banquet, F. II. Register
who Is the oldest attorney in the dis
trict In point Of continuous practice
here, prepared the way for the vari
Gus toasts with a few happy and il
teresting "reminiscences of the early
days. He referred to the fact thai
when he first began the practice here
Bismarck was a frontier town indeed
the present site Of the court house
being then as far "out OF town. as the
capitol IS now. The speaker stated
that he, had practiced under three
Judges of this district. beginning under
Judge Hudson when this judicial dis
trict comprised the entire state Of
North DaDkota; then followed Judge
Frances, and later, at the beginning Of
statehood, Judge Winchester, one Of
the guests OF honor. Mr.. Register
tried the first case ever tried before
Judge Winchester in this county, and
concluded by stating that he also was
all attorney in the last case tried be
fore him before his retirement TWEEN.
ty-two years later. .
.Judge.elect Nuessle responded to the
toast "The Duty Of the Bar to the
Bench He briefly stated what he
considered some Of the most import
ant duties of attorneys to their judges,
among them, to refrain from endeav'
ori2g to trap the court into unjust de-
cisions through technicalities; t. see
to it that the court is never led into
error, and that justice is administered
as fairly as possible; to work in har.
mony with the bench towards the at
luilllllClll vi ludL CAluy a1lu dlO CAC
court in avoiding just cause for the
%too.frequent criticism Of the courts in
this day and age, by lending their eff
forts to the expeditions handling and
termination Of litigation, without de-
lays and te%chnicalities resulting in re
versals of just decisions. He stated
that as the time for assuring the re
sponsibilities Of the ermine, he found
his point Of view as regards the duty
Of the bar to the bench rapidly chang
ing.
II. N. Stevens responded wittily tC
the toast, "The Burleigh County Bar
He enumerated the members of the
bar that he had known in his long
practice here, and the many years dur
ing which he had enjoyed the privil:
eye of practicing in Judge Wilchest
er's court. He spoke of the uniformly
just manner in which the Judge had
always treated the old members Of the
bar, and his generous treatment OF
the young and inexperienced lawyers
That though he had often though the
Judge wrong, yet the supreme court
had, as a rule, sustained him. He at
tributed much of the criticisms of the
courts to the unprofessional back-bit.
ing of attorneys who are defeated in
: . tigation, and emphasized the neces.
sity of the bench and bar working to.
gether for the attainment Of justice,
forgetting the rancor of controversy
when the trial was over, and remem
bering always that some one must be
in the wrong, in always taking defeat
in the spirit of the true lawyer and
gentlema:. Mr.. Stevens punctuated
his remarks with numerous witty an.
ecdotes from his long and successful
career
Judge Goss, of the supreme court,
responded to the toast, "The Judici.
ary," and spoke regretfully OF the re-
tirement Of Judge Winchester from
the bench. He illustrated the Difficult.
ties of the position Of the judiciary by
reminding his hearers that the Judge is
nothing more than a lawyer who has
been placed in the position Of umpire,
and is therefore the butt of abuse
from one side or the other. nc matter
which way he decides. Attorneys of.
ten forget that as advocates it is i'm
possible to take the same broad and
impartial view Of a case that the Judge
must take, and are too prone to con-
slider xap adverse decision. whatever
it's nature, erroneous. Courts are hui
mar and liable to err. but every true
lawyer will recognize that this must
De so, and accept their decisions. 1t
is not the province Of the courts to
administer technicalities, but to dis.
regard them wherever possible, in the
interests Of Justice. The Judge ex-
planned that the absence of the older
members of the court was due to the
death of Judge Templeton, of Grand
Forks, and spoke fittingly of the pass
ing of this other landmark in the
judicial history Of the state.
States Attorney Nelson of Mclean
county responded for the bar Of NC.
Lean county. after which Judge Burke
of the supreme court. choosing for his
subject. The Troubles Of a Judge
With an Automobile" in a speech
sparkling with witty sayings and
quaint epigrams, dwelt upon the duties
and work Of the presentday1 Judge,
and the impossibility that he can
please all with his decisions. He
spoke of his acquaintance with Judge
Winchester, OF his uniform courtesy