12

The Green Bag

'

as to what issues of fact should go to the jury; and though counsel took numer

party and the person fined, and that the

ous exceptions," yet after the verdict

third party's right to a reasonably free market in which to sell his products and

they decided not to present them to the Supreme Judicial Court, having been

hire labor had been unlawfully inter fered with. Nevertheless, Judge Bishop

entirely satisfied with his rulings on the

always thought his ruling right in prin ciple.“

numerous and difficult points of law which arose during the trial." One instance in which the Supreme

But it is not the number of times that a trial judge is overruled or sustained by

Judicial Court overruled Judge Bishop is Martell v. White.‘0 An association of granite workers in Quincy sought to

an appellate court which measures his capacity as a competent and satisfactory magistrate. If the judge is not impar

impose a fine upon a member of the

tial and single minded, no matter how

association for continuing, contrary to a

extensive his learning and how great his

by-law, to purchase granite of the plain tiff, who was an outsider. The plaintiff sought to enjoin the defendant associa

cymbal," and suitors in his court soon realize that while appearances may be

tion from imposing the fine, and Judge

imposing justice

Bishop on motion ordered a verdict for

spiracy had been shown and that the

formance of his duties always solicitous not “to wound the law,” his judicial ideal was “above all things justice."

means used to enforce the by-laws were permissible. This ruling the Supreme

Knowing no distinction of persons, the humblest suitor and the youngest or

Judicial Court reversed, but decided that

most inexperienced counsel received the

fines amounting to coercion may be an unlawful interference with the rights of a third party, even although no contrac

fullest consideration where he presided, and if the Commonwealth of Massachu setts owes much to her judiciary, as no

tural relations exist between the third

one will deny, Judge Bishop ranks in the roll of its members as an excellent lawyer, an incorruptible magistrate, and a Chris tian gentleman.

the defendant,

holding that no

con

f1" Nathan Matthews and W. G. Thom on ap peared for the East Boston Company, R. . Dodge and J. F. Curtis for the Commonwealth. The find ing of the Land Court and the Auditor were con firmed. '9 This case, however, was appealed on rulings in the Land Court. See 203 Mass, p. 68. ‘a 185 Mass. 255.

dialectical skill, he is “no well-tuned

halts.

In the per

uCompare Willa-1m & Sons Co. v. Dn'swu, 200 Mass. 116,

Some Reflections on the Crippen Trial HE trial of Dr. Crippen in England, for the murder of his wife, has attracted a great deal of attention in the United States, and the celerity, as well as the general character, of the pro ceedings have been favorably com

mented upon by the leading newspapers

in many cities. A careful examination of the report of the trial, and of the subsequent appeal, discloses certain

differences

between

the

practice

in

England and in America in murder trials, which, if more widely known, would cause a very general commenda~