inistration of justice, upon which the dignity and honor of their
profession entirely depend, that the courts and the members of the
courts, should be regarded with respect by the suitors and people; that
on all occasions of difficulty or danger to that department of
government, they should have the good opinion and confidence of the
public on their side. Good men of all parties prefer to live in a
country, in which justice according to law is impartially administered.
Counsel should bear in mind also the wearisomeness of a judge's office;
how much he sees and hears in the course of a long session, to try his
temper and patience. Lord Campbell has remarked that it is rather
difficult for a judge altogether to escape the imputation of discourtesy
if he properly values the public time; for one of his duties is to
"render it disagreeable to counsel to talk nonsense." Respectful
submission, nay, most frequently, even cheerful acquiescence in a
decision, when, as is most generally the case, no good result to his
cause can grow from any other course, is the part of true wisdom as well
as civility. An exception may be noted to the opinion of the Bench, as
easily in an agreeable and polite, as in a contemptuous and insulting
manner. The excitement of the trial of a cause caused by the conflict of
testimony, making often the probabilities of success to vibrate
backwards and forwards with as much apparent uncertainty as the chances
in a game of hazard, is no doubt often the reason and apology for
apparent disrespect in manner and language; but let it be observed, that
petulance in conflicts with the Bench, which renders the trial of causes
disagreeable to all concerned, has most generally an injurious effect
upon the interests of clients.
Indeed, it is highly important that the temper of an advocate should be
always equal. He should most carefully aim to repress everything like
excitability or irritability. When passion is allowed to prevail, the
judgment is dethroned. Words are spoken, or things done, which the
parties afterwards wish could be unsaid or undone. Equanimity and
self-possession are qualities of unspeakable value. An anecdote may
serve to illustrate this remark. There was a gentleman of the Bar of
Philadelphia, many years ago, who possessed these qualities in a very
remarkable degree. He allowed nothing that occurred in a cause to
disturb or surprise him. On an occasion in one of the neighboring
counties, the circu
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