The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-30

In ala RI time all c law courts of our city
will CO ne, to resume ,h.ir du ies after she
sumner vacation The Judges and lawyers
Will, no doubt, present themselves With brown
con plexions. snl rfre-hed minds, RI ,dy for
their res ctive iabors, and the public will
again he favored with tb.ir display oflearniny
and eloqueDce, wit. bathos aid b. mba.t, &c
cording to their several characters ami capaci-
,ies. II may rot he ams. far us 10 suggest to
the distinguished gentlemen on, as we'll a. off,
the bench. few rules for their observance
which .ur experience in he conrs has con-
WINGED M are worthy beieg adopted and en-
forced We fe q lively interest in the judi
C airy, trader regard for the usefulness of the
l. gal profession, ana are ever ppy a. we'll AS
r, ady Ia afford them all the aid in our power
10 d,schar ge well tbeir appropriate duties We
beg them, therefore, to give ns ou this occasion
an attentive hearing.
The first great h,nae which We are to wit
ness in the conduct of trials j. rhe operation 0,
the important standing rule' requiring coua
sci, when examining witnesses, to be Oh their
legs, steady and strong, without reservation or
We have heretofore rem .rkel on tn. tendency
of this rule to promote the equality be
t~een witnesses aud lawyers, which, while
maintaining The rights of the former, will i'm
prove the physique of the latter. The rule
vas adopted to shorten trials ami some of our
contemporaries think il Will have that effect,
Is, ecally ss the examining counsel is not TO
tax Ilnt nf nj nsa no al l,,av
~ the court, and must Content himself with the
hatk ssues which he has received either ~
retainer Or refresher. HIS learned associate
Way, however, write down what pranspires, aud
II he he u slow penman, we think tue intervai
be'w, Ell the questions put by the examiner
may be made long enough to afford tims for
his taray fingers To record the witnessed STAT
meDts. II q law had been passed alta ,hiug
,te oerspher to each of the courts, rs one OF
,'s officers, and the records kept ny him had
been given official authenticity. il would nave
b, eh quite immsterai whether the lawye,
stood mp to hammer away at witnesses OF
lied in the easy amplitude Of one OF tue mos,
luXur ions fautsuiis.
1t il our belief spat the de iberate gentlemen
" BON the standing rule wa. desis ned ,arsicu-
laIiy to effect, cshaot be- hurried by toe new
expedlent We have seen many efforts to
quicken their pace by ,ent judges or
nimble sdversaries; but the mo e they We're
u'ged TO proceed, the more stnobril
they adhered so their tort,i-e-ik. loo om otipn
The Dew experiment is to be tried up, IA them
and we will observe it's effect with close aesen
ton. II it operate to shorten trials. all OF ns
must rejoice. Such q result is very de ,irable.
and The bench and bar can do much to pro
mote it.
Let ns, with becoming Difference mention to
the learced judges how they can do cert .nly
far more for the desirable e I'd in view thai can
be effected BY all the ru q of the court now in
force There is no reason why all the courts
should Dot open at ten o'clock; yet come of
them begin at el vsn, and adjourn at three
Mr. lie there any reason Why judges should no,
take the bench precisely ut the b ,ur to which
the court nd ouros, without If t.ering away
time ut cham ers Msny valuable hours are
lost by the inexcusable want of punctualisy
~hich is constantly exhibited. great deal
OF time is slso wasted by some of the
Judges in deliv ring oral opinions on legal
a,gum' Mt. to which there is seldom
even one listener. the bar usually occa.
lying tbemstl Ives during this stated pr ach.
ing" by talking politics or telling anec-
hotes, SO that ths d,dactic tone Of the h,nc,
sounds amid the b. "a of the lawyers like the
hum OF Il bee in the din OF crckets. Tbs prac
t,ce OF the judges should be- reformed altogeth
r. ard In our opinion. they should also aban
don another b. bit equally wasteful as to time
ana fas more injurious in it's consequences
that of delivering prolix comments to he jury
On testimony. A Judge discharges his dut,
most effectively at n,si prins when he contents
himself with stat ng g tersely rs possible ths
rules law Ivy which the Jury are to be guided
IN the case before shen. When, as is the ge-
neral Gu tom, he recapitalates and descanrs o.
the proof, he seldom ia l. to confuse the case,
and almost always does in us,ice to one party
OF the other by in,imaslng, or what is just
bad, being understood to intimate, au opinion
on questions of fact
The judges cnn also save time by enforcing
the rules Of evidence. AID excluding i'm nate
rial and irrelevant testimony, t,us combining
The proof to the real points in issue. Instead
OF doing so, they very frequently allow hours
10 be loot in taking proof to zee whether II
will amount to any thug" and then tell the
Jury TO disregard it-a very absurd direction
generally. as every one knows IL is nearly, i
not quite, imposs bic for any one but disci
plined losician to reject, in dec di g any qnes-
ton, impre -sions made by the evidence al
dressed to 1t. " ether & me from i,legitimlte
or legitimate sources We beg leave further to
suggest ha, If the judge. ut the fir / momen,
of undignihed alteration between counsel,
would instantly arrest { md apply censure
when clearly der rived by the lawy r who wan
toDly impugns tie motive or as.ails the cha