Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-01-14

not entirely i'll founded. Some of them
are Occasionally case OF great COM
plexity OF law and fact, different Of de-
cision in both respects may attract pub
lie attention and the delay in reaching a
result and the uncertainty whether the
result finally reached is correct Is taken
az exhibiting the average efficiency of
the judicial machine instead of the ex-
ceptional instance OF possible failure.
Not many years ago it 10 reported that
one who had been lawyer and a Judge
and had been honored with the highest
office in the gift of the nation IN a
speech before some such organization as
this characterized as disgracefu! the ad-
ministration of criminal law in Ameri-
ca. So broad a criticism from such a
source naturally led to investigation. The
foundation Of ten charge was thought to
| he the delay in administration through
the oVerturn!ng by courts Of last resort
OF the work OF the trial courts necessitat-
| ing repeated trials of the same case. We
were asked in New Hampshire to ascer-
! tain the number of reversals by the su-
| preme court in criminal cases during q
certain fve-year period. We made the
| investigation, as presume some of you
did here. We found the charge entirely
without warrant. / have no doubt the
same was found to be the fact as to all
! the state courts OF New England OF all
! the criminal cases less than / per cent.
reached the supreme court. No verdicts
were overturned. That perhaps was due
to the simplicity Of our procedure under
I nj lob nf Iax l.
determined in advance of the trial But
in less thaa one-tenth OF ! per cent. did
the contentious Of the State fail to be
| sustained
| In just criticism of the criminal law
as II is administered sight must not be
/ lost of the large number of controver-
sizes involving charge Of crime, which do
not attract public attention, but which
are promptly, eXpeditiously and Justly
determined but which for that very rea-
son fail to attract public attention.
Delay and expense are the outcome of
local conditions but one cause of the
failure of courts to produce justice is
too great reliance upon logic
The delay of justice by destroying
trials through difference Of view as to
the competency OF evidence could be
cured by making the ruling of the trial
Judge final upon all questions as TO the
admissibility of evidence. but that would
not give the aid needed to do Justice.
| What justice needs is the removal of
binders inherited from the usage of an
age when public opinion sanctioned hang
ing as d proper punishment for theft,
fOrEtFN like. against IXOuprtE
Let in the light / submit to TIE lawyers
of the Maine Bar whether this may not
be done cautiously. not SO rapidly as to
daze our eyesight by the sudden glare.
b,t so that III the end justice may be
! administered in the full daylight of the
whole truth.
The proceedings Of the day We're
happily concluded by banquet at
the Augusta House in the evening at
which nearly 30 members of the as
sociation We're present Tables We're
arranged in the form Of a IT, and
were Hastily decorated with sham
rock and roses. At each plate was a
| bou,onnlere of roses,
The menus for the occasion carried
on tie front cover an excellent like
ness of I'rentiss Mellen, chief justice
If Maine from 1920 to 1884. \ lively
bit of rcparte from Willis Courts and
Z LAWYERS of Maine furnished an ap-
| rnDos allusion for the back cover of
the program. In the excerpt Chief Jus
tioe Parsons said: You are aware Mr..
Mellen, that there are authorities on
tie other side" To which Mr.. Mellen
wittily responded: Yes, yes, your
honor. but they are all in favor Of
/ my client"
Guests at the head Of the table were
Hon George c. Wing. Chief Justice Par
sons. ex-Chief Justice Whitehouse. JUS
tice Cornish. Justice Philbrook, Judge
Fred Emery Beane. Hon. Joseph w, ST.
monds Hon. Fred J, Allen and Hon. ".
II. Judkns.
Post PrandaI
Hon George c. Wing ably presided at
the post prandial exercises. Responses
were scheduled from Chief Justice Par
sons. ex-Chief Justice Whitehouse, Judge
Clarence Hale Justice Albert NJ. Spear.
Hon Joseph w, Symonds, Hon. John p.
Swasey and Hon. Wilbur II. Judkins. At
the last moment Judge Hale telegraphed
his regrets on account of the serious i'll
ness Of his sister and in the absence of
c. ]. Savage who was detained on &C
count of illness. Justice Cornish spoke
for the Supreme Court of Maine" Hon.
J. T. Swasey was also unable to be pres
ent
. The spacious banquet hall echoed with
song. laughter and eloquence till late
hour. The responses were Of the high
order and brilliant tenor which might be
expected. Would space permit. each
speaker would be given a resume. but
the Journal is able to present only a
portion Of the remarks by Chief Justice
! Whitehouse The follow: