The Alaska citizen., 1917-03-12
JUDGE HENRY M'GINN
 RETIRES FROM BENCH

JuN tulle court TeCOIut StOOu before Circuit Judge Henry McGinn today. after having confessed to stealing an automobile. He had been sentenced to serve from one to ten years In the peniIenliary.
 But wait said the judge. after d pause, as an officer moved to take the boy away T cant send that boy to the penitentiary Maybe can parole him Then of the boy he , asked:
 Will you promise me to be good?'
 Yes, I'll promise said Riley. readily.
 This is on the square now Hon or bright?' asked the judge.
 Honor bright repeated the boy
 Cross your heart?' asked the judge.
 Cross my heart replied Riley.
 Will you shake on it?'
 Sure
 the bench and grasped the boys hand.
 Now, that's a bargain said the court, and l believe you will keep your word
 I will. sir.' replied Riley
 And it should be added that he did
 
 On another occasion Judge MCGinn was asked to admit a woman to bail who had been extradited from Canada on a charge of forgery He did so with this comment:
 The first item of my cateChism op- poses sending women to Jail. It has been a rule of my life while on the bench never to send a woman to prison. and in my six months more as a judge l do not intend to break that rule"
 Three men were tried and convict ed before Judge McGinn for felonies He sentenced them and then paroled them on condition that they get out and earn sums of money fixed by the court and pay this money to their victims.
 One of the defendants was sailor who had assaulted a shipmate with a deadly weapon, injuring him so badly that he had to be taken to the hos pital. Judge McGinn sentenced the j,3sailant to one to ten years in the penitentiary and then paroled him on condition of his paying slO0 to the man he had assaulted.
 Two of the defendants were con viCted of an Offense against young girl. Judge McGinn sentenced one to one years imprisonment and the other to six months. Then, remark ing that their going to prison would never help their victim. he paroled them conditional on their paying $1,250 to the girl. The objection was made that this action was contrary to all legal precedent. whereat Judge McGinn replied:
 Pm going to smash this thing of precedent every time I get chance and every time it will do any good To do something just because some one else has done it and to follow some other persons trail without reason or justice Is nonsense Pre- cedent has stallled through our courts and legislature until it has become a bugbear. I'm going to put on armor and use heavy artillery against it whenever l meet it."
 
 The famous and or or" case well Illustrates Judge McGinn's impotence of technicality and epitomizes his at utude as a judge when he believes technicality has been used to hinder the course of justice.
 The widow of a traffic policeman who had been killed by an automo- bile truck sued for damages. On the first trial, nearly two years ago, a jury in Judge McGinn's court awarded her $7,500 The Supreme Court, how ever, reversed this verdict and order ed retrial because the attorneys for the widow, in drawing up her com plaint, had said the automobile was driven "carelessly and negligently."
 On the second trial, also held be- fore Judge McGinn, the jury returned a verdict of S6,000 for the widow The defense let the time for appeal go by default, and then asked Judge Nc Ginn for court order to permit an appeal to be taken.
 Judge McGinn first fatly refused Then he relented on condition that the defendant company pay the widow the $6,000 judgment immediately, as suming Judge McGinn's personal bond to make restitution should the Supreme Court reverse the decision of twelve men for the second time.
 The laws delays are making for socialism and anarchy declared Judge McGinn in his comment on this case. Two juries have declar- ed in favor of this woman. the death of whose husband was little short of murder. It's high time the courts quit finding ways to keep men and women from getting justice.
 T heard this case twice. There was no care exercised by the driver of the defendant lumber company's auto truck, and the death of the traffic officer was almost murderous. The company is trying to wear out the womans patience and force her to poverty so that she would have to succumb to whatever compromise they might offer. This won't happen hnI