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sion, but by all in public life; and particularly by those who fill the high office of judge in a land of constitutional liberty. He was a humane and merciful man.

Some men on the bench seem to delight in harshness and severity and to find peculiar pleasure in denouncing the penalties of the law against helpless offenders who fall within its grasp. To such I venture to commend the observation of an English judge, Mr. Justice Williams, who, when asked whether those whom he tried appeared to have any general characteristics, replied: "They are just like other people; in fact, I often think that but for different opportunities and other accidents the prisoner and I might very well be in one another's places."

In some instances of capital accusation it has almost seemed as if particular judges rather sought opportunity to hear them, in order to enjoy the distinction of imposing the extreme penalty of the law upon some malefactor, whose crime has challenged public attention and aroused general popular detestation. A singular instance of what seems like a tendency to retrogression rather than progress is found in a strong recommendation made within a few years by a distinguished judge, that all appeals in criminal cases should be abolished. I perceive no reason why the right to life and to liberty is not as important as the right to property; nor can I understand why it should be taken with any less circumspection and consideration than the law requires for the deprivation of property rights. This suggests a feature of penal code calling for amendment.

In capital cases in this State, a writ of error is not a writ of right, and where the death penalty is imposed a supersedeas is rarely allowed. I believe that the law in this re gard should be changed and that no man should be deprived of life, until the record of the cause in which sentence has been imposed, has received the same careful scrutiny that is bestowed in cases involving important property rights.

S. S. GREGORY.

Whether capital punishment ought to have any place in our penal code is a larger question on which I say nothing.

In all matters, whether civil or criminal, courts should seek the substance, and not the shadow, of cases presented for their judgment. A captious, technical and querulous judge can not be a great judge. One who constantly seeks

the small points in a case, in an eager effort to entrap an unwary suitor or incautious counsel, deteriorates his own powers and degrades his office.

If an example of proper judicial independence and devotion to high ideals is wanted, let judges study the noble figure of Camden. Let them observe how, while freely exercising his own authority, he strictly respected and jealously defended the rights of juries; and when arbitrary power, exercised by the government of which he was a constituent part. threatened the rights of the general people, how zealously and bravely, with no vestige of servility or weak complaisance, he asserted those rights and repelled all assaults upon

Without this high spirit no attainments can adequately equip a judge. In times of stress and storm, he will ignominiously fail and sink to the dead level of the commonplace.

The memory of such a life and character is a bright legacy to our profession. It tends to justify, even in this sordid age, our frequent boast that it is a noble profession, whose members have always been in the front rank in the struggle for liberty and progress throughout the world.

It is an inspiration to all that is elevating in that profession, it lightens its drudgery and toil, it calls to higher effort and loftier ideals.

The opportunity for such a career can be open to few; but all may contemplate and emulate its spirit and high purpose. If, in this imperfect sketch, I have been able to say anything to increase your interest in him of whom I have written, I have accomplished all that I expected to do on this occasion.