Year: 1860

| F0T the "SpectGt0T.
Editors Spectator: = GENTLEMEN: People


seem to be alike in all ages. In old times it was
the case that after considerable amount of sin


had accumulated the people would bundle it up


and place it on the back of a goat and send him


off into the wilderness; hence he was called the
scops goat because he bore off the sins of the peo-
pie.


Several years ago, when reforms in our state
government were so loudly called for, one of the
most prominent was a change in our Judicial
ry. The great evil complained of was delay in
Justice; this was a great sin; the change was
made to term tenue instead of that of good be-
havior, and the old judges were made the scape-
goats. The new system has been used to pret-
| ty nearly the end of tern, land according to Mr..
Fultz's card, the sin has accumulated and it
seems the fault still rests with the judges, and
they are again to be made the sc0pe-goats
That there are delays in justice, and that the
dockets of the Court will sometimes largely in
crease, none will pretend to deny but, that the
fault is with the judge is not true. Then, we
may be asked, where is the fault that the reme-
dy may be applied9 | will tell you, Messrs Ed.
itors, and challenge contradiction, it is with
suitors, witnesses and lawyers.


To get along in the administration of justice


it is necessary for the Courts to establish rules.
For example, a rule prevails that if a case is
called and the witnesses are absent and the par
ty makes oath to the materiality of the witness,
he is entitled to continuance. Generally there
are two classes of suitors one who goes into
court seeking justice and that speedily, but in
consequence of the tardiness of witnesses in not
attending, they are compelled to avail themselves
OF the rule and ask for a continuance. This
produces delay. Here the fault is with witness
ses. The other class of suitors are those who
like the Irshman when told he should have JUS
tice, replied, that was the very thing he did not
want. They are never ready for trial yet they
will manage to bring themselves within the rule
upon a motion for continuance. Here the
fault is with the suitors they are not acting in
good faith 30


1t is true chat the judge has discretion upon
motion for a continuance, yet if he were to
lay down an iron rule and force every one into
trial when his case was called, or undertake to
discriminate between suitOrs and rule one party
and not another we would soon hear the cry of
oppression and partiality and not without cause.


There are other causes of delay that can't be
-providenlial-such as death and sickness
of suitors and witnesses, sickness in their fami-
lies, &c, all of which produce delay. 4H3


We come now to the lawyers, last though not
least. They are birds. How much OF time of
our courts is taken up with long speeches from
the bar, one half at least for buncon7be? How
many of our lawyers take it into their heads
to be politicians, and go off to Congress,
to Conventions, to the Legislature, practice in
other Counties, who would think very hard of
the judge if he were to allow their cases to be
taken up during their absence? How often have
they appealed to the courtesy of the judge and
opposing counsel to allow their cases to be con-
tinueda How many lawyers have stood up and
made long speeches as the mcuth-piece of eli
ent upon motion for continuance, when they
knew or believed that their client was not act
ing in good faith that delay was all he want
ed How much OF the time of the Court has
been spent in motions for contnuance2 | have
known Judge Thompson to set all day and hear
nothing but motions for continuance-yet all
the blame of delay is to be thrown upon the
judge.


For one, Messrs Editors am sick and tired,
and protest against this thing of throwing the
blame Of an evil upon one man, and he more in
nocent thon all the rest. 1t is ungenerous and
illiberal. Let rs all take our share of the biai1t
if blame there is,and if We want the thing cur
let US first reform ourselves; let lawyers ",
nessses and suitors do their duty. Then il a.
Judge don't DO his, we will reform him. / CAN
not close this communication, Messrs Editors
without referring to Judge Thompson who is a
gain before the people of the circuit for the of
flee he now holds and which he has held Tor
nearly thirty years. He is in good health, and
vigorous in intellect-he stands before the p,n-
pie upon his merits and characterize is vii


out influential friends and connections. Fobes
he has no doubt-faults if yOn please-and .
errors are all human !; but if his laborious pur
after legal learning and the discharge OF bis
duty to the public, his high moral charact..,
honesty in all things, the moral courage to


what he conscieniously believes to be ri, IT.
don't outweigh, (askiDg for nothing in char !


all OF bis foibles, faults and errors and en- -


him to renewal Of the confidence of his fel


men, then indeed there is little in this W. u


worth living for. JUSTICE
I