BENCH AND BAR.

Evening Post, Volume XII, Issue 8, 9 July 1875, Page 2

BENCH AND BAR.

The North Otago Times has made a palpable hit, by quoting at the present time an extract from Lord Bacon's Essay on Judicature. One would almost fancy in reading the first part that Lord Bacon had Judge Johnston in his mind's eye, when so emphatically condemning the very peculiarities for which his Honor is so celebrated. Lord Bacon says :—: — " Patience and gravity of hearing is an essential part of justice, and an over-speak-ing Judge is' no well tuned cymbal. It is no grace to a Judge first to find that which he might have heard in due time from the Bar, or to show quickness of conceit in cutting off evidence or counsel too short, or to prevent information by questions, though pertinent. The parts of a Judge, in hearing, are four — To direct the cvi- * dencc ; to moderate length, repetition, or impertinence of speech ; to recapitulate, select, and collate the material points of that which hath been said ; and to give the rule or sentence. Whatsoever is above these is too much, and proceedeth either of glory and willingness to speak, or of impatience to hear, or of shortness of memory, or of want of a stayed and equal attention. It is a strange thing to see that the boldness of advocates should prevail with Judges, whereas they should imitate God, in whose Beat they sit, who represseth the presumptuous and gireth grace to tlie modest ; but it is more strange that Judges should have noted favorites, which cannot but cause multiplication of fees and suspicionof bye- ways. Thereis due from the Jndge to the advocate some commendation and gracing where cases are well handled and fair-pleaded, especially toward the side which obtaineth not, for that upholds to the client the reputation of his counsel, and beats down in him the conceit of his cause. There is likewise due to the public a civil reprehension of advocatv.B, where there appearetk cunning counsel, gross neglect, slight information, indiscreet pressing, or an over-bold defence. And let not the counsel at the bar chop with the Judge, nor wind himself into the handling of the cause anew, after the Judge hath declared his sentence ; . but on the

' other side lefrnot the Judge meet the cause ' half Tfray, nor give occasion to the party to say his counsel or proofs were* not heard." ____ m _ mmmmm^_ mm _^ mm