New-York tribune., 1915-12-07
LAWYERS ARGUED
TO AN INKSTAND
Judgeless Trial Moves Ap-
pelIate Division to Set
Aside a Verdict.

Three Judges Of the Appellate Term
Of the Supreme Court--Guy, Page and
Philbin- reversed yesterday the YER
dict of Jury in a case in the City
Court which had only half a judge, or
az least, a Judge half of the time:
During the trial Of the case appealed
Justice Richard 7. Lynch was IN the
courtroom only about two hours OF the
four and q half il took 70 complete u.
For the most Of the time court ON
Ger was practically in charge. Justice
Lynch did not even hear the lawyers
sum up 10 the jury, but the said court
attendant did, and when the ntteen
minutes allowed each side had expired
this judically delegated person shut
of the oratory He was so literal IN
chewing the orders Of the absent JUS
tice that he called halt on one OF the
attorneys while the latter was IN the
middle of a sentence.
The case in which the judgeless court
figures was a suit by the l.. VI. Booth
Company against the Peoples Ice and
Fuel Company, which was tried on Oc-
tober before-or partly before US
tice Lynch. A verdict was given tor
the defendant, and Justice Lynch re-
fused 10 set II aside, whereupon I'd
ward II. Wilson, counsel for the PLAIN
tiff, took an appeal 70 the Appellate
Term. With II he took the story about
the case being tried with the trial JUS
tice on the bench only part OF the time.
The Appellate Term handed down de.
cision yesterday which merely said
"Order reversed, judgment vacated;
new trial ordered"
Wilson said there we're about h1ty
exhibits submitted 20 the court al one
time, and that these were admitted by
the Justice en- bloc, without even an
inspection of their purport. They were
read 70 the jury despite the objections
Of counsel. Al this point the justice
withdrew from the courtroom, leaving
the trial in charge OF the attendant.
When court reconvened after the
noon recess Justice Lynch was still ABB
sent from the bench, and the reading
of the exhibits continued for an hour.
His honor reappeared and ascended the
bench as the last Of these were being
read 10 the jury. Then came the sum
ming up. each side being allowed NJ
teen minutes. But the arguments were
NOT heard by the justice. because rt
had again disappeared. He returned,
however, in time 70 charge the jury.
Wilson said in his appeal that there
was great disorder in the courtroom
while the summing up was going on
and that the omnipresent court officer
was the chief offender. The officer, rep
resenting the court, and the clerk, W IL
son said, talked in such loud tones that
il was necessary for one OF the law
yers for the plaintiff TO call him TO
order. Wilson wanted TO know whether
II was trial before twelve men with
the casual and fitting presence Of o
nudge" or o trial under the superin-
tendence OF a court officer II was
hirted that Justice Lynch colud not
have known the evidence if he did not
hear il. and during the summing up
there was no one 20 hear an objection.
Press of business is the explanation
made by Justice Lynch yesterday O.
his absence from court.
At the trial a motion was pending,
he said "and I attended 70 this in
chambers with the consent OF counsel.
! was within reach in a room across
the hall Ny officer was in the court
room all the time, and could have been
sent for me. This is an unusual occur
renee. 1t wouldn't happen twice in a
wear. | did this in order TO expedite
business. / could have sent the other
litigants away. This is case where
a beaten party tries 20 get a new trial"