The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1916-06-28

JUDGE HoWE,s METHODS
Vermont Judge Is Popular ir V
York.

NSTTnOnl 10 EOPhla'
York. Ga
For the first time in the history o.
the Brooklyn Federal court the addi-
tional services Of visiting Judge were
required during the past two weeks to
prevent undue congestion of the court
calendar.
United States Judge Harland B.
Howe of Vermont was brought here
for this purpose and he has created a
profound impression by his informality
of manner, his willingness to unbend
from the stiff dignity of his office to
converse with attorneys though the
bench did not separate them, and by
this liberality and democratic methods
says the Brooklyn Eagle.
Il strive to make the atmosphere of
the courtroom free, indulgent and con-
siderate,' said Judge Howe. 81 believe
that all persons coming to court should
go out feeling that they have been ac
corded courteous and considerate treat
ment and if they haven't won their
case they have had fair treatment.
Il have always maintained that the
judges should be the most humble and
most tolerant persons about court
house. Why should man who has be
come judge be otherwise? Why
shouldn't he be more considerate and
more humble than before?
Gust because man is a judge and
has got lot of power he should use
it very sparingly, and that is the plan
try to follow
Direct from his native district where
as he expresses it, he is a plain coun-
try man, Judge Howe came to Brook
lyn at the request of the presiding JUS
tice and the brief period on the Brook
lyn Bench that has just ended has re-
vealed to the astonished and delighted
members of the bar that his honor prac
tices what he breaches.
Judge HoWe's arrival banished that
frigid and restrained atmosphere from
the courtroom at once. His informali-
ty and pleasant manner in discussing
cases with lawyers and witnesses made
litigants and representatives in trials
feel at east, and the somber surround
ings of the trial room actually seemed
to brighten up as though sunshine had
been let in through the windows.
Had it not been for the fact that his
honor wore his judicial robes and that
the courtroom furniture and fittings
were part of the scene, the trial of
cases before him might have been TAX
en- for an impartial and friendly dis
cussion, free from restraint, due to the
elevation or rank of one Of the partici-
pants.
Yet with it all he combines a dig
nifty that in no way sacrifices the con-
ception in the minds eye among lay
men and members of the bar and
bench of what a judge, in his outward
department, should stand for.
Chief among the beneficiaries of the
jurists friendly style of conducting
trials, have been the lawyers. Every
one familiar with courtroom procedure
knows how much the presiding judges
attitude influences lawyers conduct
of case. Under the informal spell of
Judge Howes presence lawyers in
cases before him astonished even them
selves with the lack of restraint and
freedom with which they brought out
their cases.
81 have been shamefully abused dur
ing my twenty years as a member oi
the bar practicing before Judges said
Judge Howe, "and made up my mind
that IL | ever was elevated to the
bench | would not tolerate such con
duct on my own part
'In some instances | have known
young lawyers, at the very stage wher
they needed the most encouragement
to 90 into court and to be so abused
that in some cases they have gone ou
of the courtroom never to return.
81 always criticised the courts whel
was practicing attorney, and have
been the victim of some such shameful
treatment. A judge in my opinion
should be the most humble and mos
tolerant person about courthouse"
Not only in his attitude. but in hi
manner from the legal standpoint, dit
Judge Howe create surprises. When
prisoner, after trial, is to be sentenC
ed, Judge Howe takes both the Distric
Attorney and the counsel for the dc
fense into his confidence as to the ne
ture Of the sentence, leaving nothin
to his own complete judgment.
Asking first what penalty the COVER
ment prosecutor thinks adequate an
then the same question of the convic
ed mans counsel, he arrives at a COZ
cluson that brings satisfaction a
around.
why shouldn't do this?" he asket
"The District Attorney and the couns,
for the defense have both the sam
standing in court. Why shouldn't
seek advice as much from one as III
other? When | was practicing | sc
dom or never had Judge ask me VIII;
thought would be an adequate fine
penalty for my client, though he Q
ways sought the opinion of the cover
ment prosecutor In pursuing n
present course believe | am going