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really need such a large area for lawyers when City Hall
was first constructed, before high tech equipment,
video projectors, screens and TVs were brought into
court? What cases had this room seen when this
courtroom was new? Did judges back then sometimes
allow their thoughts to drift as mine did as this dispute
between two partners, who had never raised a voice to
each other as long as there had been sufficient cash to
divide tax free but now needed to wrap up their sordid
affairs, with testimony which droned on and on with
irrelevant details?
As I looked around the courtroom wondering
what kinds of cases were heard during hot stuffy
summers in a room without air conditioning, I realized
that two of the four window air conditioners, which
under normal circumstances managed to barely keep
the courtroom at a tolerable temperature, had ceased
functioning entirely. Although that meant I was able to
hear more clearly, it also meant, as I shortly became
acutely aware as I sat in my oversized, overstuffed
judicial chair that the room had gotten not
inconsequentially hotter. Indeed, little beads of sweat
began to form on my forehead and a clammy feeling
arose in that humid environment. Oddly, I was also
beginning to feel a chill. I focused on the area below the
bench where my court reporters fingers flew on her
machine hypnotically clickity-clacking away. As I leaned
back in my chair, the testimony droning on seemed to
fade as a not quite dizzy feeling swept over me. I leaned
THE TRIALS OF A COMMON PLEAS JUDGE 4
CHAPTER TWO
AND TO EVERYONES SURPRISE
CHAPTER THREE
ACCEPTANCE (OF SORTS) AND A SAD LOSS
not actually preside over any cases until and unless the
governor and the legislature made the independent
decision that this would be appropriate. We all agreed
that the existential questions presented should anyone
appeal a decision I made as a judge was beyond
reasonable appellate review. Nonetheless, in
anticipation that this may someday happen, my juridical
education began by an introduction to all the 19 judges
of the Courts of Philadelphia County and the
assignment of Court Administrative Judge Biddle as my
guide so I might accurately learn the inner workings of
justice in the City of Philadelphia in 1913.
It would probably amaze the reader to describe
how sincerely and graciously the lawyers, the judges,
and the entire political establishmentand indeed all
the people of Philadelphiatook me to their heart and
treated me as an honored guest and to describe how I
was feted and honored once my arrival became
generally known. Indeed, much to my surprise City
Council voted me an annual honorarium equal to the
salary of a commissioned judge, the exorbitant sum of
$13,000 a year (this at a time when a successful lawyer
was pleased to earn $6,000 or $8,000 in a good year).
Perhaps one day I will be called to write a
sociological history comparing the calm, thoughtful,
aesthetic manner of life of a time long passed to the
chaos and speed of modern life, but since that is not my
purpose let it suffice to say that I was accepted as a
learned oddity or curiosity from a different time, whose
eagerness to learn the people of that long gone time and
place wholeheartedly embraced. Since this is intended
THE TRIALS OF A COMMON PLEAS JUDGE 21
he was held. But the fact that his son was a State Senator
and Chairman of the Appropriations Committee that
dealt with court budgets could not be discounted as a
factor.
Sadly, he had significantly passed his prime. He
had trouble seeing and hearing and indeed on occasion
during jury trials trouble staying awake. Accordingly,
his President Judge mostly presented him with non-jury
trials exclusively. It was known to the entire bar that his
law clerk, who always sat in the jury box during these
non-jury trials, was signaling the judge on objections,
and since every decision was held under advisement the
verdict was probably, to some large extent, the work of
his long-time law clerk as well. Nonetheless, I never
heard any criticism of his decisions, which were usually
quite appropriate and well reasoned. However, since
everyone knew the story of his age-related challenges,
attorneys always tried their cases to the law clerk in the
jury box. While always meticulously showing respect to
the man on the bench it truly was the law clerk whose
reactions signaled to the lawyers how they were doing.
Sadly, within a month of my arrival Judge Behren fell
repeatedly and, having broken his hip, died.
The funeral at the First Unitarian Church at 21st
and Chestnut Streets was a sight to behold. While the
entire political and legal community presented
themselves to show their respect, an unfortunate
atmosphere prevailed outside of the church. This was in
no small measure due to the glad-handing and renewal
of acquaintance that always occurs whenever people of
the same tribe who have not seen each other for a while
THE TRIALS OF A COMMON PLEAS JUDGE 23
CHAPTER FOUR
AN EDUCATION BEGINS
CHAPTER FIVE
A SURPRISING REALIZATION
CHAPTER SIX
A GREAT JUDGE
CHAPTER SEVEN
A HALLOWEEN IN COURT
CHAPTER EIGHT
A JUDGES PASSION
CHAPTER NINE
A VARIETY OF APPROACHES
CHAPTER TEN
SETTLED IN PRINCIPLE
CHAPTER ELEVEN
JUDGE FELDSPARS TRIALS
CHAPTER TWELVE
TOO INSIGNIFICANT FOR PRECIOUS JUDICIAL TIME
CHAPTER THIRTEEN
NEGOTIATION BY OTHER MEANS
and law firm and the ease with which they shared their
knowledge. I wondered what information about my
own style, mannerisms, habits, and peculiarities had
been shared or would be discussed about me in the
future present. If the sharing I witnessed still occurred
in the 21st century, I necessarily concluded that the bar
knew more and had greater insight into my judicial
behavior than ever I did. I made a mental note to seek
insight counseling should I ever return to my proper
time.
On one occasion over drinks a younger attorney
mused, I wish every judge would prepare a list of dos
and donts so I would know exactly how to behave.
Two older attorneys whom I had observed ingesting
prodigious quantities of ale over the prior three hours
responded.
The first said, Some dont want to do that
because then theyd have to be consistent.
The more seasoned noted, Forget that idea, kid.
Youll learn more about what they really do by keeping
you ears open in this pub.
I learned for example that in Court of Common
Pleas No. 3, writs of injunctionthat is, petitions
seeking to compel another to perform some act or to
permanently refrain that other from performing some
actnever went to court. They were never heard
because Judge Blank, the President Judge of that court,
who took all such matters unto himself, forbade any
testimony whatsoever. Believing that the court should
not be in the business of ordering people to do things,
and believing that a piece of bread no matter how thinly
THE TRIALS OF A COMMON PLEAS JUDGE 98