The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-19
THE JUDICIARY ARTICLE.
New Works Courts and the Techni-
calities That Trip witnesses.


To THE EDITOR OF THE suN-Str: Last
week delivered an address before the
Bar Association OF Kansas City. my
former home. IN which discussed the
New York Judiciary I thought that
the following extracts would prove In
teresting TO your readers:
Much has been said. and much can
he said, against the election Of Judges
by the people. without at this time
expressing an opinion on that subject
strong argument in favor OF the cleo
ton OF Judges by the people Ia the fact
that tho Court OF Appeals OF New York.
elected by the people. has always been
one OF tho foremost American courts.
about two years ago Chief Judge
Cullen. who I think next to Chief JUS
t!ce white is probably the ablest Jurist
In America, was retired by reason OF
having reached the age limit. Judge
Cullen could take a vast record and al
most at a glance strike the crucial
points. He was very helpful to counsel.
especially young ones. arguing cases in
tho Court Of Appeals. The Judges Of
that court ask many questions. but they
are always propounded In a kindly
spirit. You are made 70 feel that you
are In the house OF your friends.
THE Appellate Divisions In New York
city and IN Brooklyn, which are In sep
arate departments, arc composed OF able
men. and this, generally speaking. Is
true upstate" as II In called. The
amount OF work the Appellate Division
sitting In New York city does Is stu
pendous, The pressure on the Judges
| of that court II so great that they often
appear 10 think that haste Is the most
important thing. They do not seem TO
care much for oral argument. My Inn
precision. however, Is that oral argument
is very important and that a very large
percentage OF cases on appeal are won
or lost on the oral argument.
."And now we come to the trial court
OF New York county. the Supreme Court,
which has been the subject and object
OF 30 much abuse.
Lawyers and newspapers and others
too have at timee spoken In dsparage-
ment Of the personnel OF the supreme
Court Of New York county, which Is
practically old New York city. Re-
Gently former upstate Justice OF the
supreme Court, II correctly reported.
made a savage attack on the Supreme
Court all over the state. Generally the
attacks have been confined to New York
city. but sometimes. and particularly
lately. four Brooklyn Judges have been
criticised.
| IN New York county twenty-s'x SUI
prems Court Justices sit as trial Judges.
/ Some Of them are men OF fine ability,
tho majority OF them are men of aver
age ability. and some OF them are men %
no legal ability. There are not a few
Judges on the bench whose only claim
( to recognition WAS political pull with
one party or the other or with some In
dependent political movement. Tho poor
ones are not all Tammany Judges by any
r.. N,aa .,,t tee
| fun share OF Inadequate men on the
bench. 1t also has put some very able
men on the bench.
notwithstanding the insufficient ju-
dicial equipment OF not few OF the
Judges | believe the Judges In New
York county, generally speaking, are
/ conscientious men. ] believe they are
deeply ,mbued with a desire TO do what
is right When II comes 10 deciding
cases they endeavor TO decide honestly
and impartially according 20 the law
and the evidence. regardless of who the
litigants or their counsel are. Honesty
Of purpose. while the first essential, can
not. however. atone for lack OF knowl-
edge or judicial ability IN a Judge.
1T In very difficult. TO tell in advance
who will make good Judge. A good
many men have been put upon the bench
In New York and everywhere else who az
the time OF their appointment did not
seem 10 be qualified fOr the place and
We, turned out to be good Judges. Very
often brilliant trial lawyers make un-
satisfactory Judges. and many untried
men develop splendid judicial qualities.
in New York, as In many other
states. Judges are entirely too technical
in the admission o. evidence The world
recently Witnessed a shocking exhibition
in the Cai'lluv case In Paris 80 the lax
ness prevailing IN France in the intro
duCt.on OF testimony In this country
we 60 too far IN the other direction.
~ have seen Judges In New York
strike out statements ~ witness he
cause they sad they were hs couclu-
sions rather than the statement Of a
fact. and waste half an hour before they
would let the witness practically state
me same thing IN an indirect way. In
the first answer which wac stricken
out the witness usei such language a. a
man would ordinarily Use in a CONVEX
sstion, and although II might have beer
technically a statement OF Ms cOnclu-
sion II Vac such language as Judge
or Jury would easily understand.
GO into the English courts which are
really the model courts OF the world
and SEQ how frequently they allow lead,
ing questions, and how they do not per
init objections that would he sustained
IN this country. In ne English courts
the counsel make comparatively few
objections A question must be very
offcns've especially as 70 form. before
ether the opposing counsel would make
or the court would sustain an objection
to H." Henry WorIuAN
NEW York. April Is.