Magistrate

“ The chief magistrate of the city can’t go and be a rebuilding of people’s houses, my good sir. Stuff and nonsense!’
‘But the chief magistrate of the city can prevent people’s houses from having any need to be rebuilt, if the chief magistrate’s a man, and not a dummy—can’t he, my lord?’ cried the old gentleman in a choleric manner. ”

“ There is seen a great public magistrate, by whom the prisoner is about to be tried, examining him in order to ascertain his supposed guilt, re-examining him, cross-examining him, performing the duties, not of a judge, but of a prosecutor, and bringing to bear against the unhappy man all the authority of his judicial position, all his professional subtlety, all his experience, all the dexterity of his practised understanding. ”

“ He conceives that the business of the magistrate is, not merely to see that the persons and property of the people are secure from attack, but that he ought to be a jack-of-all-trades, architect, engineer, schoolmaster, merchant, theologian, a Lady Bountiful in every parish, a Paul Pry in every house, spying, eaves-dropping, relieving, admonishing, spending our money for us, and choosing our opinions for us. ”

“ In such cases I have usually inquired personally from the magistrate what it was he knew before passing orders on appeal, and I have sometimes taken further evidence on that point so as to get the record straight. It is easy to say that magistrates should not be affected by anything but the recorded evidence, just as it is easy to say that a magistrate should be blind. Magistrates are human beings—fortunately. ”

“ The courts of justice, to which allusion has been made, are composed of elders; or not unfrequently the chief of the district acts as the magistrate. When two persons fall into a dispute and bring it before the court, an officer comes for the litigants, and ties together the corner of their quarries. ”

“ But I am ready to confess that my feelings as a man suffer by the duty imposed on me as a magistrate. On one occasion, at the outset of my career, it fell to my lot to ask from a jury the head of a woman. ”

“ In a general sense a magistrate is a public civil officer, possessing such power legislative, executive, or judicial-as the government appointing him may ordain. In a narrow sense, a magistrate is regarded perhaps, commonly regarded-as an inferior judicial officer, such as a justice of the peace. ”

“ But this worthy magistrate never suffered his feelings to bias his integrity; he knew that he did not sit on that bench to indulge pity, but to administer justice; and while he was sorry for the offender, he would never justify the offense. "John," said he, "I am surprised that you could for a moment forget that I never accept any gift which causes the giver to break a law. On Sunday I teach you from the pulpit the laws of God, whose minister I am. At present I fill the chair of a magistrate, to enforce and execute the laws of the land. ”

“ Attached to the office of every official who may be called upon to try criminal cases is a law expert, to whom the judge or magistrate may refer, when he has any doubt, in private, just as our unpaid justices of the peace in England refer for guidance to the qualified official attached to the court. ”

“ The examining magistrate’s work is of course by no means confined to his examination of the prisoner. As soon as he has digested the first details and circumstances of the crime he has full power to summon and to examine anybody and everybody whom he considers likely to have any evidence to give which may help him in his judgment on the case. ”

“ To the superior judges fall the duties of solving abstruse legal problems, and of determining the weightiest legal issues, but it is the police magistrate who is in daily contact with the criminal and with the aggrieved person, it is he who applies the law in the first instance, and to him the large majority of the people look for decisions upon which their liberty or their property may depend. ”

“ LXVI. No magistrate or judge can be deposed, for a shorter or a longer period, except by a written sentence, nor suspended from the discharge of the duties of his office, except by a judicial act, or in consequence of the order of the king, after he, on sufficient grounds, commands him to be tried by a proper tribunal. ”

“ The clerk made out a formal summons, and the charge was preferred against me, with the customary exaggeration and the customary perversion of the truth on such occasions. The magistrate (an ill-tempered man, with a sour enjoyment in the exercise of his own power) inquired if any one on or near the road had witnessed the assault, and, greatly to my surprise, the complainant admitted the presence of the labourer in the field. I was enlightened, however, as to the object of the admission by the magistrate's next words. ”

“ Nowhere than on the magistrate's bench is better illustrated the proverb that a little learning is a dangerous thing, but only a little learning, even such as classifies an innocent park robin as a wild beast, is preferable to an openly expressed intention of enforcing only those laws which appeal to the judge's individual sense of propriety. The writer recalls endeavoring some six years ago to induce [Pg 61] a certain magistrate to hold a defendant for the grand jury for a certain statutory offence. ”

“ But the work which a French judge has to do at a criminal trial is more than any one man should be allowed to do, for no man can both judge and prosecute. To begin with, his own opinion has been prejudiced, must have been prejudiced, by the opinion of the examining magistrate, which, whether he will or not, has influenced him. He examines all the witnesses, he examines the prisoner, and he cross-examines them. ”

“ In many country districts, where the justices are old and incompetent, they are absolutely in the hands of their clerk, who for all practical purposes becomes not only a magistrate, but the sole magistrate present. ”

“ The Magistrate (to the sheriff's officer) Names and titles may be taken later; now write down the notes of the investigation, and the inquiry. (To Gertrude) Did you yesterday forenoon put opium into the tea of Mlle. de Grandchamp?
Gertrude
Ah! doctor—this is you.
Ramel Do not accuse the doctor. He has already too seriously compromised himself for you! Answer the magistrate! ”

“ And as to the powers given to one, two, or more justices by the several statutes, that from time to time have heaped upon them such an infinite variety of business, that few care to undertake, and fewer understand, the office; they are such and of so great importance to the public, that the country is greatly obliged to any worthy magistrate, that without sinister views of his own will engage in this troublesome service. ”

“ It is in the power of any single magistrate, or of the Attorney for the Commonwealth, to lay hold of the commanding officer, whenever he comes ashore, for the breach of the peace, and to proceed against him by indictment. ”

“ Of magistrates also some are supreme, in whom the sovereign power of the state resides; others are subordinate, deriving all their authority from the supreme magistrate, accountable to him for their conduct, and acting in an inferior secondary sphere. ”

“ A magistrate, cautiously entering the room, with his attendant constables, commits her to a house of correction, where our legislators wisely suppose, that being confined to the improving conversation of her associates in vice, must have a powerful tendency towards the reformation of her manners. ”

“ The judge who presides over the case has of course read the examining magistrate’s opinion, and digested it very carefully before the case comes into court, and in France it is the judge who conducts a trial rather than counsel for the defence and for the prosecution. ”

“ That the ministers of justice are not, in fact, so reverently held, by any means, as from the nature of their functions they might be expected to be, is certain. A magistrate, to go no further, is universally known, if not designated, by the jocose appellation of “Beak.”
Butchers, bakers, cobblers, tinkers, costermongers, and tailors; to say nothing of footmen, waiters, dancing-masters, and barbers have become the subjects of ridicule to an extent not warranted by their avocations, simply considered. ”

“ The court itself offers very little accommodation to the most thinking public. At one end of the room is the presiding magistrate; below him is the clerk; on the right of the magistrate is the p. 209box for complainant and witnesses. Opposite him is the dock in which the defendant is placed; behind some boards, over which only tall people can see, is the public; and on the magistrate’s right are the reporters—or, rather, the penny-a-liners—who write on “flimsy,” and leave “copy” on spec. at all the daily paper offices. ”

“ Beauvalle, Millesimo, the magistrate
Beauvalle (To the magistrate) .—Is it worth the effort to catch the bold fellow?
Magistrate.—Give your order, and all shall be accordingly done.
Beauvalle.—And where is the game warden?
Magistrate.—He went into the cottage. (Beauvalle goes into the game warden’s house.)
Millesimo (Gazing after the departing Lída) .—Count, you have some rare female specimens of game here. Already two does, two does I have seen while here, (turns to the magistrate) ,—Ah, but this is not the Count. I thought I was speaking to the Count, and he has slipped away. ”

“ We cannot help thinking that such a functionary would be much more efficient and useful than a magistrate (to [Pg 176] whom some have proposed an appeal) , as a referee to determine on the expediency of placing a person under certificate as of unsound mind. ”

“ A magistrate, like his father, began his career as deputy king's attorney at Arcis, advanced to the position of king's attorney in the town of Mantes, and, still further, was deputy king's attorney, but now in Paris. ”

“ As many names of virtues as there are among us, so many magistrates there are among them. There is a magistrate who is named Magnanimity, another Fortitude, a third Chastity, a fourth Liberality, a fifth Criminal and Civil Justice, a sixth Comfort, a seventh Truth, an eighth Kindness, a tenth Gratitude, an eleventh Cheerfulness, a twelfth Exercise, a thirteenth Sobriety, etc. They are elected to duties of that kind, each one to that duty for excellence in which he is known from boyhood to be most suitable. ”

“ The essential characteristic distinguishing the jury from the judge is especially marked by the origin of their authority; for the jury is a judge simply because he is a citizen, whilst the magistrate is a judge only by popular election or appointment by the head of the State. So that any one who has entered on his civil and political rights, and is of the necessary age,

ought, according to the spirit of the institution, to administer justice on every civil or criminal question, whatever its importance, and not only in giving the final verdict, but also in conducting the trial. ”

“ Do not yet swear the jury. I cannot allow the trial to go on till I have paid him for his buck!' Plaintiff.—'I would have your lordship to know that neither myself nor my forefathers have ever sold venison, and I have done nothing to your lordship which we have not done to every judge that has come this circuit for centuries bygone.' Magistrate of the County.—'My lord, I can confirm what the gentleman says for truth, for twenty years back.' Other Magistrates.—'And we, my lord, know the same.' Lord Chief Baron.—'That is nothing to me. ”

“ The states which are deemed the best governed, he adds, have a law that whenever any one has heard a report or rumour of public moment, he shall communicate it to a magistrate and to none else. The magistrates conceal or divulge such news in their discretion. ”

“ In all the large towns the people have a chief magistrate who bears the name of alcaide, and whose place is hereditary: his duty is to preserve order, to receive the tribute imposed upon travellers, and to preside at the sittings of the tribunal of justice. The jurisdiction is composed of old men who are free ”

“ It is almost peculiar to our constitution to establish a first magistrate with such high pre-eminence and dignity that, though limited by the laws, he is in a manner, so far as regards his own person, above the laws, and can neither be questioned nor punished for any injury or wrong which {p195} may be committed by him. ”

“ They determine whether it has the amount of beauty required by law, and whether it is worthy to be permitted to live. The presiding magistrate then pronounces whether it is to be allowed to live, or whether it is to be put to death. ”

“ Magistrates are in a more peculiar manner God's servants; the dignity they have calls for duty. Though they are lords to us, they are servants to God, have work to do for him, and an account to render to him. In the administration of public justice, the determining of quarrels, the protecting of the innocent, the righting of the wronged, the punishing of offenders, and the preserving of national peace and order, that every man may not do what is right in his own eyes—in these things it is that magistrates act as God's ministers. ”

“ The prisoner [126] is thus isolated and can only communicate with his solicitor, if he has been able to retain one, by scrawling a note and passing it on to an officer.
The magistrate, appointed by the Crown or the Lord Chancellor acting in its behalf, is almost invariably a man of standing and repute, always a barrister, whose ready dispatch of business shows great experience with crime, and whose kindness to the merely unfortunate testifies to his charitableness of heart. He wears no wig nor gown and is called in court, "Your Worship" ”