A question about the presiding judge

[snokkums]

I was reading thru some old posts and came across something intersting.

It states " One of the most controversial aspects of Lizzies trial was the charge Dewey made to the jury." It all but tells the jury aquitt., But the post goes on further to say that Dewey wasn't the presiding judge; Mason was.

My question is this: How can Dewey give the jury instructons if he is not the prsiding judge?

[doug65oh]

Aye, you're right indeed. The only thing I can think of that really makes any sense offhand is that there was most likely some off-the-record discussion between the three and that Chief Justice Mason assigned the charge to Justice Dewey. At present I've nothing to back that up - it's nothing more than a reasonable presumption on my part. Perhaps someone else might have a better idea - or surer footing on the matter.

[Harry]

Capital crimes in 1892 in Massachusetts were tried before a 3 judge court. In the Borden case the Chief Justice was Mason and his 2 associates were Blodgett and Dewey.

There was speculation in the Evening Standard on the 17th that Blodgett was to give the jury instructions. I don't remember seeing a reason how Dewey came to perform that task.

He was the youngest and least experienced of the 3, in effect the "junior" partner. My guess would be that because he was the "junior" he got to do the mundane tasks. Normally jury instructions are cut and dry and pretty much follow a script. Dewey's certainly did not.

There's also this possibility. Mason and Blodgett lived within traveling distance of New Bedford, Dewey did not. He resided in Springfield. Mason and Blodgett went home the weekend before the closing of the trial and Dewey was left to mind things and prepare the instructions. Maybe nothing more than that he was available to do it.

[doug65oh]

I had a feeling you might know, Harry. The "You're it, junior" explanation is as good as any I suppose. I must have used the wrong mix of keywods in hunting the newspaper transcript...missed the article you mention completely.

[Harry]

Since the publication of my transcription of the Evening Standard I have come across a few more articles. The mention of Blodgett is in one of them. It simply says:

"It is not believed that the judge’s charge will be delivered before Tuesday morning, and Judge Blodgett, it is asserted, will deliver the charge to the jury."

[snokkums]

But if the chief justice was Mason, why didn't he give the instructions to the jury? Or does it matter which judge gives it?

[doug65oh]

It could be that he was unavailable, or he simply didn't want to. So he pointed to Justice Dewey and said "You're it."

[Tina-Kate]

Another interesting factoid: Dewey became a Judge under former Massachusetts Governor George Dexter Robinson...Lizzie's star defense attorney.

(Things that make you go, "Hmmm...")

[Harry]

It could be that he was unavailable, or he simply didn't want to. So he pointed to Justice Dewey and said "You're it."

It's good to be the Chief!

[doug65oh]

Ayup...sometimes it is, Harry!