The Washington herald., 1915-05-03


the other side there we'll known man that
lived near by, a very delightful and very rich
old gentleman. When the noon recess was called
the old gentleman invited my associate and myself
to go to luncheon with him. l made an excuse
So did my associate But the old gentleman in
sisted. There's place in this one-horse town.
he said where you can get anything fit to cat
Finally my associate was won over. Then, of
course, | had to go, too seem to be unappreci-
ativc and disagrccable The luncheon proved to
be lar more elaborate than even that rich man
would usually have | suspected that it had been
specially prepared. We started with cocktails, we
went through several courses and topped off
with llqucurs and with expensive cigars. During
the whole proceeding ! was very uneasy, for saw
that my associate thawing out under all this
geniality. 1t happened that it was he who was to
conduct the examination of the witnesses that at
ternoon. and among the witnesses two
guests at the table both railroad men, with at
tractive manners and suavc address. and our
genial host himself 10 be called to the stand.
When VIC went back all on the best Of
terms. No one to see us talking and laughing
with cigars in mouths could have suspected
that we belonged to two camps. The result of
all this gcniality that when those three wit
called to the stand my associate
treated them with such respect that he got virtu-
ally nothing out OF them. There several
searching questions that he ought to have asked,
questions that would have made those men very
uncomfortable; but he didn't ask them. Conse-
quently our case was seriously injured. We lost.
But for the handling OF those witnesses | believe
that we should have had easy victory"
We have lately been hearing good deal of
criticism of judges. Once judges immune
from criticism. In the change many people pro-
fcss to believe there is danger
Judges, a rule. impressive men. OF
course those in the lower courts are sometimes
commonplace enough. | have heard them speak
ungrammaticay. | have them chewing to-
baoco But somehow these very habits make
them seem close to the people they judge In
observing them | have had the feeling that per-
haps they were as good Judges as could be found.
II they were far away from the everyday people
there might be genuine sympathy between the
dclinquents and themselves
The judges in the higher courts much more
impressive Nearly always they men OF great
dignity When they wear robes it is fine to sec
them at court. No actors could carry themselves
more effectively. And they take their places on
the bench they sometimes seem almost to turn
to granite In sense they seem more than
human. In another sense, they seem less than
human Often they look like noble statues.
When people approach these judges it is always
with the Difference that might be paid to king or
to god.
Nevertheless, | have seen those granite men
talking. And | have seen them become flesh and
blood and unbend. And nearly always such a
change has taken place in the presence OF men like
themselves, addressed, dgnihed, the men some
times Described as pillars OF society.
1t is plain that between dignihcd judges and
men of wealth and dignity there is strong bond
OF sympathy.
1t is only lately that we have realized the
danger of this sympathy. For VIC know that the
sympathy OF even the higher judges should be with
all the people, not merely with those like them
Selves but with the illterate as well, the ill-clad
the grimy the vast majority.
We know that where there is sympathy with
one kind OF people and lack of sympathy with
another kind OF people there is likely to be favorit-
ism, unfairness.