Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-07-01

| James Francis Smith OF the united
States Court of Customs Appeals re-
moved a unique figure from the local
bench. the whimsical ways Of the
jurist often developing colorful Incl
dents when he presided over the Su-
preme Court OF the District of Column
| bia in place of one Of the regularly as
| signed judges
| He administered Justice firmly, yet
| tempered with mercy and deep feel
ing for those who might be hardest hit
| by sending an erring husband or father
to the penitentiary. His great desire
was to strike fear into those who had
broken the law. and he became an
avowed enemy of the jury system be-
cause he felt many were allowed to go
| free when experience convinced him
| that the evidence called for a convic-
| ton.
Tempered Justice With Mercy.
His piercing eye and square jaw were
sufficient to throw fear when he was
handing down a sentence from the
bench, but after a telling admonition,
followed by an impressive silence, he
would smile as the culprit would get
a sentence far less than it was believed
he might, judging from the remarks
| that preceded 1t. He was particularly
considerable of women and children.
Youth, erring once, would get its
chance, but never was there a second
chance, once the confidence of the court
wa imposed upon, and a violation OF
| a probation given would mean the limit
of the law He never failed to hold
such probation breakers up as an ex-
ample.
One of his first acts on the local
bench was to upset the routine practice
| of lawyers in divorce cases. After the
| proceedings were filed there would be
the usual motion for alimony, and on
| the argument 1t was not the question
as to whether the plaintiff wife was
entitled to it, but the question of how
much that was talked about.
After listening one day to this line OF
| argument, Judge Smith turned down a
motion, saying that he was not going to
permit his court to be made a run
way for "gold-diggers.' They must
show, first. that they were entitled to
alimony, and then the question Of how
much would be determined by the
| court.
Toward the end Of one day, there
came into court a lawyer for wife,
who had obtained a decree for alimony,
| The lawyer asserted that the husband
was SIT behind and refused to pay.
| The Justice asked il counsel for the
other side was in court and when
| told that the defendant was there in
person, he directed him to come TO the
bar.
Raped Jury System.
Hardly had the man steadied him.
self before Justice Smith melted out
30-day sentence In the Washington
Asylum and Jail The man pleaded
that he had certificate from his
| physician explaining that he could not
work to earn the money because he was
| in i'll health. In that case" the iuriSt
responded. lit will be well for you to
60 to Jail and rest and receive the
| treatment of the fine doctors there who
your own doctor apparently could not
do" He added that any one could
get such certificates from their physi-
clans. The man went to jail.
The Judge never overlooked an OPP
portunity to deliver a telling blow at
the jury system. which he firmly OPP
| posed because of his belief that con-
tinual freeing of culprits helped to
boost the crime average. He once wiped
the names of IL jurors from the panel
| here, as a rebuke to them. when they
brought in verdict of not guilty In a
case when the Government had pre-
| sented strong evidence which the de-
| Tense introduced absolutely no evidence
to combat. One the other hand. when
one jury brought In verdict of guilty
with recommendation of mercy
| Justice Smith said that he would fol-
| low that recommendation, not because
he believed the culprit deserved 1t, but
as an encouragement to the jury,
adding that lit was something to get a
| Jury to convict and recommend mercy
rather than let the defendant go free. y
| His consideration for women and
children was indicated on numerous oc-
casions On one occasion, on hot
| day, with the courtroom filled with APP
plicantS for admission to citizenship
| he observed a woman with two babies
| standing at the rail. When the clerk
asked II he was ready to proceed, he
responded In the Affirmative. and smil-
| ing at the youngsters. said that he
would take first, out of turn. the case
| III which the woman with the babies
/ was concerned. On another case he had
| delivered a particularly severe sentence
| on a man convicted Of stealing a steam
boiler. However, the following day, he
| ordered the man brought into court and
| voluntarily reduced his sentence to one
year admonishing him to lead better
| life when he was out, telling him that
| tat meant term in jail instead Of
| having the stigma OF a penitentiary
| convict attached to him. He added.
too. that he did not do this in con-
| sideration for the man. whom he be-
| lieved should have the severe sentence
but because of the fact that he had