Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-23

coming before him and the rights Of the
people Of his district.
IAN examination of the record in this
case is suggestive OF the fact that early
in his judicial career Judge Speer ascer-
tanned the limit to which he could go be-
fore liability to impeachment for otnclal
conduct would accrue and went as close
to the line upon many occasions as safety
would permit.
Having literary attachments. oratori-
the privileges Of judge sitting in the
trial Of cases before jury. 1t was rare.
indeed, that jury was permitted to re-
turn verdict contrary to his wishes,
regardless of all the facts The right
recognized in the Jurisprudence Of United
States judges to sum up the facts in jury
cases has been used with tremendous ef-
feet by the judge. A motion at the close
Of plaintiffs testimony. or of the govern
ments evidence, to instruct the jury.
has frequently been made to afford an
opportunity to deliver speeches preju-
dicial to the rights Of the parties to the
case.
Alleged Arbitrary Action.
In this manner the sitting Judge was
enabled to repeatedly punish counsel
whom he did not like, as well as ltd
giants. These practices have been in
dulged in with such frequency as to lend
color to the charge frequently made
among members Of tho bar Of the south
ern district of Georgia to the effect that
the right OF trial by jury has practically
Of a century.
I'm all Of the testimony there IL no
evidence Of any direct appointment by
the judge himself of Mr.. Hayward. the
judges son-in-law, to any official posi-
ton. The appointments ran to ]. N. Tai
ley, who was Mr.. Heyward's partner
that is. where made by the judge. Ere
quently, however. he was employed as
attorney for receivers and trustees. but
in those cases the fees were allowed
where they were allowed directly. to Mr..
Hayward, by receivers in bankruptcy
trustees or special masters, and where
Mr.. Hayward would be allowed fee as
receiver or trustee, this fee would first be
fixed by the master-in-chancery or spe-
cial master. as the case might be. The
fees and emoluments to Talley & Hey
ward from its inception. July l. 1906
down. to and including December 81.
1912, have been estimated to amount to
between $4,000 and $4,000"
Further Aid to Hayward.
The report says Talley & Hayward
dissolved partnership. and that there Is
substantial evidence tending to show that
Judge Speer then sought to assist his
son-in-law in the formation of a new
partnership by an alliance with some rep
utable practitioner In the district, first to
Mr.. Bennett, who declined and then
to Mr.. Isaacs. who, after being publicly
lauded by Judge Speer, entered into part
nership with Hayward.
Three large bankruptcy cases and the
arbitrary manner in which they were
handled. as well as the ease with which
the firm Of Isaacs & Hayward could
throw almost any concern with large as
sets into the bankruptcy court, sent a
shock through the entire district" the
report says
Receivers were appointed in these
cases who retained Isaacs & Hayward
as their counsel, and the impression gain
was assisting this firm in its effort to
throw large estates into bankruptcy for
the purpose of plundering them. Bust
ness men felt unsafe, and many con-
Germs which had few bills past due felt
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