| Show oui our OF PLACE IN A JUDICIAL DECISION r IN irr tho thy decision of the supreme court of the territory upon the rey Hey reynolds case Is 1 found a reflection upon the defendant which appears to us to be eli oil entirely out of place in an enunciation of such a nature from the bench of a high court of law the decision says that the court cannot have much respect for the Once sincerity rity of purpose of the defendant in in presenting a plea in up opposition position to one that had been presented behim by him in a former hearing of his case this reflection daems to ns us to be entirely grat gratuitous ul I 1 unworthy of the bench and cannot induce iauch much respect for the since sincerity pity lity of purpose of the same because no one knows better than a judge ought to know that arguments and pleas in courture cour court tare arc professional products the work of trained lawyers and not of the often inexperienced appeal appealer erand and aud that lawyers argue their case according to which side they may be on and according to their judgment men t of the best aspects and resorts for that side and make what they consider the most available arguments ments and pleas foi for securing a I favorable decision no matter whether those arguments or pleas are inherently sound or not consequently ly according to circumstances lawyers will at one time argue forand for and at another time against a eert cert certain aint alft idea because law is a mass of technicalities and even lawyers are often deceived as to which side of the case the court will decide on hence at different times the same lawyers present arguments and pleas of diametrically opposite tenor to take sueh such action of odthe the pro fro profession as reflecting on the consistency sis and sincerity of t the he defendant in a case appears very small business bus lues ines iri ill a juge and as Is we have said entirely out of place in a j judicial decision 0 out ut of place as evidently unnecessary to the decision and apparently n a going goina out of the way to have a prejudiced and unworthy fling at the defendant reasi the accepted idea and declaration of the law of the duty of a judge is that he shall be counsel for the prisoner A pretty counsel for the prisoner is he who rates the prisoner in open court and virtually charges him with insincerity counsel for the prisoner pris onel is not expected to take sides against the prisoner nor to do or say anything that could b be e fairly construed as looking that r way |
