The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-03

the anguiarity Of our modern attire. and gives dig
nity 70 the SPEAKER. The Wig IL defestable disguise
air. and most efisssuaiy concesls the play Of the
features; though. suppose, az about everything,
shere are two sides to the question. II you were
% see oid -. without his wig" said my friend
MI -, while l was dechiming against the
ugfsnees OF tl. thing. You wosId think the wig was
not each q bad head.dress after AL"
Inc attire OF the Judges Is q still more complex
supJect, ard approach it with profound sense OF
My uttsr incapacity to deal WITH it. only know
that one day they appear in a scarlet robe, and one
day IN black; That one day they wear q full bot
toned wig, and the next Families perule; but
Inc order q these vicisstudes, thor symbollcas
meaning n'eden cause, or practical effect, confess
myself entirely incapable OF explaining. venture
however, to express my opinion, that In Eagiand
ing ga! OF the costlmcr is past; and that the mus
culine sense and great PRACTICAL ability Of the
English bench could not be better shown than by
throwing OF these tlappngs, which~iti true make
the groondings stare but which ars only infinitely
'udicIOus to the eye Of common sense.
On one side of the four-sided amphitheatre are
he seats Tor the jury, and on the others the small
audience are arranged. The judge occupies seat
~ himself; on either side Of him are places for
for any casual observer who, like myself
was thought worthy of the honor. A
one side OF the Judge Is the witnessbox,
little further Of is the crier. At the door, and in
different part OF the house, stationed the javclin
men, to preserve order. Directly under the judge
sits the clerk also in wig gown, acting under the
directions Of the presiding officer 1t will be borne
at each assize town, the one for the civil and the
other for the criminal business.
saw the entry Of the judges into Derby. The
little inn where was overlooked the court yard.
Two buglers on horseback preceded the sheriifs
carriage. The governor of the Jail headed the pro-
cession also mounted. The javelin men paraded in
'front.' OF the lodgings; and the sheriTs carriage,
with the sheriff and judges in it, drew up. The
judges retired to their private apartments entered
the court room in plain clothes, attended by the
sheriff and chaplain, assembled the tribunal and then
the clerk opened and read the commissions under
which the judges discharge their duties for they
hold these circuits, not as judges of Westminster,
tut by virtue OF commissions regularly made out for
every circuit. In these commissions there are fire.
queltly, it not usually joined prominent barristers
court. So at Croydon, where the work on the home
circuit was very heavy, Mr.. Bramwell O. c., was
sitting with full judicial powers to help in clearing
of the calendar.
The commissions under which they act are. think.
hve-Justices Of the peace; OF assize fos Old real
a.ions, &C.; of Nisi Prius, for the civil BUSH
ness; OF Jail Delivery, for the criminal business;
The judge and all present stand while they are
read, the judge with his hat on; and when the
Queen names in the commission ''our trusty and
vigil beloved" the hat is raised in token Of the COM
pliment. The judges are the representatives. of
royalty; so, When they receive the county magis.
rates or bar ut dinner, they walk in before their
guests to preserve their true viceregal position.
The forms are low nearly over. One Of the judges
takes the cases on the criminal side and the other
the causes on the civil side, and they go to work.
On the civil side they plunge at once IN midas
res; ON the criminal SIDE the matter is more Ia
borious.
First, the roll of the county magistrates. the jus.
tees of the peacethe eat unpaidis called over,
each present rising and answering to his name.
Then the judge inclines his full bottomed wig from
him and his learned brother the honor of dining
with them at their lodgings on that day.
!. Secondly. the grand jury Generally composed of
The county magis trates) is sworn in charged by the
criminal business before the court, unless
something stands over from the hast circuit; that
Is to say, on coming to each assize town the
judge receives copies OF the dispositions on viii,
ing the interval since the last assze; these depo
stons his charge to the grand jury is based and on
the charges contained in these dispositions the grand
jury forthwith deliberate; 80 that the bills found
AID Brought ia while the court is sitting, and as it is
great object with judge and jurors, counsel and
attorneys, to push on the business RAPIDLY az pos
sble, the grand jury are not permitted to let the
grass grow under their heels. At Derby heard the
clerk, in pause when the court was idle, say to the
under sheriff to tell the grand jury.to send In more
bils and to expedite matters, the indictments there
were handed over from the gallery of the court
room, which communicated with the grand jury
loom in the end Of long cleft wand, while the
round and emnently English face of the honorable
Mr. y, foreman of the jury, peeped round the
pillar TO see how the work went on. The moment
the Indictment reaches the hand of the clerk the
accused party is arraigned and the trial proceeds.
In some cases he has counsel, in others not but the
tial proceeds instantly
This despatch in criminal business strikes one nm
pleasantly To be sure, the party accused has pre-.
viously had copies of the dispositions on which
he is arrested, and he may have employed
an attorney, but no time is given him to con-
fer with counsel, and the proceeding is certainly
more rapid than we should think necessary for,
or conducive to, the ends nstice. The answer to
the complaint Of extreme haste is that "a the as
sizes are held only twice year. fnot tried instantly
parties without bail may be kept in prison six
months, to the next assizes Rut even this alterna.
tive, assuming it t, be indispensable, would pro-
badly he preferable TO beng wrongfully sent to 30
tany Bay. 1t is scmethin like the Texas Judge
who hung the prisoner because the Jail windows
were out, and l6sge was no comfortable place to
keep him in.
Again, the grand jurs is in main composed of the
county magistrates. Now, it needs no very pro-
iornd experience Of human nature to teach ms that
q body OF country gentlemen who dine together,
hunt together, sit OF petty sessions together WILL
when they meet rs grand Jury be very apt to con-
firm whatever any one Of them has done as magis-
trate The esprit de corps would be very cold that
did not produce this as general result; and can.
not hut think more indictments are found than if
the grand jury were body wholly separate and dis
| tinct from the county magistrates.
/ gain. there IL no public prosecutor. The com.
planant is bound over to prosecute the charge and
the attorney for the prosecution and the attorney
selects the bsrrister This practice is obviously open
to great abuse 1t may make the prosecution too lax
ortoo severe according the disposition OF the
cutor or the attorney he employs. The appointment
OF officers analogous 10 district attorneys and
the French procuyCuys 3u roi has been recently
and strongly urged, but 1t encounters vigorous OPP
position from the young barrsters, to whom the
struggling criminal business often affords the first
and for years the only opportunity of making their
appearance on the forensic stage. 1t seems to me
clear however, on priU pie, that the criminal func-
tons OF TIE governments Hhouid never be intrysted
TO private handsthat as on the one hand, the sword
Of Jastiee should never be whetted by private ran
cor 80, the other, il should never be bunted by
private indifference or personal favor.
Per coafra: Such are The objections which struck
me, and struck me forcibly, to the present English
system. IN times OF public excitement, when party
spirit ran high, or worse still, when, as 30 frequent.
~ barpens in our age, class rivaries and social ami
mosities are stirred up ] should think the English
system might lead to frequent injustice; but saw
many eases tried of aii grades from petty nrcenes