The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-07

upon doubtful issue, and the result was very
funny. Not one Of the Sachems can tell where
they left the little joker, Or whether John
McKeon or Franklin Pierce is under the thin
bJe It ia enough to know that the old rats
stick to the cheese. though McKeon is among
them. Wise old Sachems those of Tammany
Hall.
The BENCH, THE BAR, AND THE C0DE.--The
learned judiciary have just completed taeir an
nual session at Albany, where they convened
"under the Code" to revise the rules Of prac-
tice, and, in constitutional phrase, to provide
for ''the common defence and general welfare
of the State against the vices of litigation"
Their labors have on this occasion been attended
with one browning glory. They adopted q rule
which we deem highly important, and which
cannot fail to promote the true objects of juris-
prudence, improve the administration Of JUS
tice, and advance the dignity Of our beloved
country. That it will increase the Standing
Of the bar, no one will question.
The public have often observed in our courts
that refined and useful practice called "badger-
ing Witness" and must have feat incensed at
the easy assurance Of an able and acaee lawyer
hunting and prosecuting an unfortunate citizen,
because the latter had committed the atrocious
crime of attending to testify in a cause, to the
detriment Of his business, and in obedience to
subpoena. This exercise often continued for
hours, during which time the subject
was compelled to remain on his legs,
while the operator enjoyed the comfort of q
chair The time consumed in such cases was
frequently dreadfully prolonged by the tedious
process Of writing down the answers Of the wit
ness, the counsel occasionally laying aside his
pen to fertility himself with fresh quid Of An
derson's "Solsce," this being habit to which
many on the bench and at the bar are addicted
The Judges have reformed the mode of exami-
nation, but have not y ct prescribed any rule
as to chewing" They require that the coun-
sci shall, while examining witness, stand up
and shall not take notes Of the testimony with
out special leave of the Court. This rule is very
udicious, In many respects. It produces
greater equality between the witness and the
awyer. Both must be on their feet when their
encounter occurs; and, to use the language Of
the ring, they IRE hereafter to havea fair stand
up fight" We are rigst glad that no provision is
made for age, rheumatism or sore toes. but we
wish care had been taken to prevent the
lawyer leaning against any support. The new
ple is also important as a judicial tribute to
the benign influence and cause Of temperance
The familiar saw, ~ sober as Judge" retains
difficult application, considering the extent of
our country and the varieties of characters and
habits amongst those who occupy the bench
This legal fiction has never been extended to
the lawyers. Unfortunately come of them
make "side-bar motions out Of court and
know of other 'stoppels than those Of record, by
deed, OF in pals. Such gentlemen must be
careful for the future not to disturb their equi-
librium when they are to engage in trial; for,
to borrow another graphic expression from the
Hyer and Morrissey vocabulary, they must |
now stand up to their work"
The advantages of the new reform do not
stop here. The bar and the public have some
times INDUCED In the delusion that the courts
did not belong exclusively TO the Judges, and
we're not invented entirely for their use and
comfort. The practice, from time imme-
mortal, shows this to be an error. II 4
juror appear few minutes after the
court has convened, he is sometimes fined,
and often reprimanded for his delay;
but If his honor keep a whole panel and |
some hundr, DIS Of citizens waiting an hour, no |
one ever presumed, nor has any one the RICH, |
or means, TO complain. II, when the court is |
addressing counsel the latter should take up a /
newspaper, or turn away his face, every ,one |
Nouid consider that q breach Of politeness, to |
say the least But when counsel are speaking |
and many exercise it, to read journals or novels,
drum on the desk with their fingers, look |
through tbe side window on estates Vim auls- |
5us," or keep up protracted conversations with |
their brethren. These peculiar prerogatives of |
the bench are increased and confirmed by the |
topography Of the new rule; for, while the |
Judge remains in his easy fauteuu on the ele |
waited dais, sometimes refreshing his feet with |
an altitude equal to that of his head, the lawyer
must forego any such "otinn cum dignitafe," |
and be made to feel that it is his duty not only
TO understand the Judge but to stand under him |
Ibis is wholesome method of illustrating tia |
distance and difference between superior aad |
inferior station.
Some of our lawyers will grumble about the |
change Of practice, and suggest that it is hard |
y fair TO let their adversaries take notes while |
hey are standing and prohibited from even
making q memorandum Of chops aud to-
matto sauce suggested in n letter from some
new Pickwick to a new Mrs. Bardell. But
such complaints must be disregarded, both on
principle and authority. The authority or pre-
cedent is furnished in the British practice where
the barrister stands while probing a witness
and that, too, nnd,r the super Incumbent weight
Of huge and heavy wigs. We must see whether