Page:The Green Bag (1889–1914), Volume 15.pdf/146

 Politeness on the Bench. the lesson of principle, and the doctrine of necessity, it cannot be affirmed that the juris diction of the Court of Equity is narrower

than the measure of human affairs or the redress of all wrongs which human ingenuity is virile enough to devise.

POLITENESS ON THE BENCH. BY JOHN DEMORGAN. FRENCH judges sometimes carry their politeness to the extreme, making its display really amusing to the American or Englishman who happens to be in Court. Quite recently a Mdlle. Sombreuil was tried at the Correctional Tribunal in Paris for having for the sixth time returned to France in defiance of a decree of expulsion which affected her. The lady was possessed of decided spirit, and after she had violently protested against her arrest, breaking a para sol over the head of the gendarme, and ex hausted a comprehensive vocabulary of abuse against everybody—from the chiefs of the government down to the huissers of the Court—who had anything to do with it, she avowed her fixed intent not to be tried that day at all. The judge politely suggested Friday "if entirely convenient to Mademoiselle." "Friday!'' the fair exile almost shrieked, "Friday! Certainly not. Friday is my un lucky day." The judge's face showed his sympathy and he expressed the very great regret he felt at the "melancholy coincidence,'' he really did not "wish to place Mademoiselle in so very uncomfortable a position as being tried on an unlucky day; would Tuesday do?" No, Tuesday wouldn't do. Mdlle. Sombreuil de clared that Tuesday was the fete day of her revered aunt, and it was unnatural and in supportable that such an interesting event

should be associated with criminal proceed ings in a court of law. The judge again expressed his regret and agreed that it would never do for the trial to take place on a fete day of her aunt, so he asked if Wednesday would be convenient. After considerable discussion the accused agreed to attend and be tried on Wednes day, whereupon the judge thanked her for complying and assured her of his great ap preciation of her graciousness. Mr. D'Eyncourt, a police magistrate in London, a few years since wrote to an ac cused whose case had been adjourned, asking him to name a day when it would be conven ient for him to attend for trial, and in an other case where points of law had led to a postponement of sentence, he asked the ac cused, out on bail, if it would be acceptable to him to be sentenced on a certain day. Mr. Justice Vaughan Williams used to have a big bouquet of roses at his side, and in the afternoon would daintily sip a cup of tea while listening to the evidence. His face would beam with sympathy when any point was made in favor of the accused, and it was often said that he thought more of the "pris oner at the bar5' than of honest witnesses who appeared for the prosecution. On one occasion he began sentencing a prisoner by saying that he was really grieved at having to fulfill so unpleasant a duty, but hoped the prisoner would forgive him.