The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-09-28
miscellaneous.



folk bar we copy the following description of the
trial of civil cause in Liverpool. The account
given of the despatch with which judicial business
is disposed of in the English courts talies with the
very entertaining sketch given by Mr.. CLAY in his
last argument before the Supreme Court of the
United States, of his own observations in this
The article in the Reporter bears the initials of
GEORGE S. HILLARD, esq. If he could find leisure
in his professional ayocations to jot down further
memorials of his late European tour, they would be
welcomed with general interest.
''On the next day an interesting commercial
cause was tried before MIR. Justice Erie, OF the
Queens Bench. IL was an action brought by nrm
in Holland against the assignees OF bankrupt
house in Liverpool, to recover the value OF cargo
which had been taken possession OF by the assign
ees, upon the arrival of the ship at Liverpool ON the
ground that the conveyance by the bankrupts had
been In contemplation of bankruptcy, and therefore
fraudulent. The amount involved was upward of
eleven thousand pounds. For the plaintiffs APP
peared Mr.. Knowles and the attorney general, Sir
John Jervis, who came down upon special re.
tainer For the defendants, Mr.. Martin and Mr..
Crompton.
1.-The the part of the plaintiffs was opened
by the attorney general, and substantially argued
before evidence put in. This is the English
manner, and unless the defendant introduce new
evidence, the plaintiff has not the privilege Of re-
plying. The attorney general is about fifty years
N,
nervous manner, and voice somewhat affected by
a habit of taking snuff. He struck me as more like
an American in figure and enunciation than any
person remember to have seen in England. His
argument was vigorous, clear, and condensed. The
plaintiffs witnesses then introduced and ex-
amined. Mr.. Martin then presented the case on
behalf of the defendants. His manner was warm
and impressive and his speech seemed slightly
hnged with an Irish accent. Evidence was intro
duced behalf of the defendants, and the attorney
general closed for the plaintiffs in speech Of
siderable power.
1.-The charge of the Judge was brief and not deal
ing much with the facts Of the case but presenting
the points of the law very distinctly. The verdict
of the jury for the defendants, but though the
was an embarrassing one, ] thought the plain
tffs the whole entitled to it.. But all the sympa-
thies of the jury with the defendants, The
plaintiffs were strangers and foreigners; the cred
itors OF the bankrups, and real defendants in inte
rest, their friends and neighbors In such con-
ficts one must have attained transcendant heights
of virtue, to decide without bias.
1.-THE court house in which this case tried
was small and announcement. The jury sat in a box
the right hand of the judge and very near to
him. They frequently make up their verdicts
without leaving the box. The barristers sat in
and announcement seats, the front one being
filed by the queens counsel. The end ofthis
est the jury occupied by the counsel for the
plaintiffs, and Mr.. Martin sat nearly at the other
extremity. By the courtesy of England was al
lowed 10 SIT between them. They spoke without
doing more than rise from their seats; and indeed
disposed. Nothing could have been more annoying
and paralyzing, TO one not accustomed TO it, than
these wooden straight Jackets; thought at the time
of brilliant advocate at our own bar, and imagined
what would nave been the expression OF his lace
had he been called upon to speak in position 30
.cribbed, cabined and confined
''The barristers who conducted the cause were
aided by carefully prepared briefs, written one
side OF large square pieces OF paper, with an ample
margin. The handwriting was as ieg1ble as PRINT.
These briefs contain an outline OF the whole case,
abstracts OF the documentary evidence, the names
OF the witnesses and what they are expected TO say
IN short, the substance and plth OF the case with
out them II would De Impossible 10 argue the case
before the evidence Is put in and II Is very rare
Mat any over statement is made, or that the wit
ness does not confirm his anticipated testimony
hs tne at'o, hey SeheIhs prlei was iIhinediateiy
poofe h,e' iOouiu hot peiP hos0le on the DUCK the
magic characters-
RETAINER '...'..'''''...'' '5oo gulneas
Argung. .'....'..'.......'..... %
CONSULTATION; ,,:;,...','.,'..
sucn are the splehulo rewards OF professional
emlnenoe IN England
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