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Evening Star, Issue 21116, 31 May 1932, Page 4

Mansfield once said: “ Tho judges aro totally independent of the Alinisters that "may happen to be, and of the King himself.” It is true that a judge may be removed from his office for misconduct, but while he is a judge be is free to administer justice according to the dictates of his conscience, without restraint, subject only to an appeal from his decisions to a superior court on some well-known ground of appeal. HOW HIS AIIND WORKS. In the trial of an ordinary civil action the judge first applies hia mind to the facts as they are laid before him in the evidence. It may be, and it often is, impossible to reconcile the accounts winch are given by the various witnesses. He then makes use of his experience and applies his knowledge of life and of mankind, and must decide to the best of his ability what really are the facts in the matter upon which he is called upon to give his decision. Lf he fs trying the case with the assistance of a jury it is they who are the judges of fact, and h" fairly and impartially recalls to their minds the evidence which has been given, with such directions as to law as may be required, and leaves to them . .-- duty of deciding what aro tho facts. When the facts are ascertained the judge applies the law as he understands it to those facts, and gives bis decision accordingly. Neither prejudice nor sympathy plays any part in his mental processes. His iniiid is a legal machine into which arc introduced facts and law, and from which emerges, with cold and mechanical neutrality, a judicial decision. After his decision has been given his sympathies may be awakened, and an appeal may be made to him to exercise ids prerogative of mercy. Such an appeal, whether it comes from without or from the innermost recesses of a judge’s mind, never goes unheeded. It is a great charge which is landed to a judge on his appointment, and great 3re his responsibilities. Tho high traditions of his office are in his keeping, the well-being and happiness of thousands of people are in his hands. IF he fails ho not only endangers the proud prestige of the administration of justice in this country, but he may inflict hardship and suffering upon many persons who look to hint for the justice to which they arc entitled. In dealing with this subject a very learned judge, who fortunately is still with us, a short time ago quoted some remarks which Lord Mansfield made in tho year 1763. In the celebrated trial of John Wilkes that judge is reported to have said: “ I will not do that which my conscience tells me is wrong, upon this occasion, to gain the huzzas of thousands or tho daily praise of all the papers which come from the pres. 1 will not avoid doing that which I think is right, though it should draw upon me the whole artillery of libels.” Were it not for the guidance and help which a judge receives from_ past gene rations of judges of the highest type of mind and the purest sense of justice the weight of his responsibilities might prove to be almost unbearable.