The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-12-19
VOLUME 1lI-NUIBRR 81.

y fendAns haS pecu ouly Gummoneo, pus uo0
J, not, appear. Sdll jsdesmsnt b not givsa
. BY default, bat the careful and eonscisntious
judge sramioss tho plaintiff under oath, and
: II need bs hk witnsss. and givss judge
!, msns n fero eossin,ts perhaps, too, by
! instalmens, unlss the plaintiff shows that
tho defendant d wall able 10 pay st once, OF
Is open to . suspicion Of absoonding or OF
, conoealins property.
!, Several intermediate oasss arc rapidly dis-
posed Of, tbsrs being no defouce, or defence
easily yielded 10, or easily trokon down By
. fsw inquincs; and thsn comes onsof moro
difficulty, whether certain services wers
gatuitous or for pay. Both parties and
their wives are examined indeed all ofboth
households. Hero again the earnest and un'
skilful testimony ofths wives, and the un-
sutorsd questions put BY the partison cros.
examination, let much light into tho case,
and the judges arc able TO arrive at . ntis-
factory conclusion. Indeed, with little
watch against irrelevanoe, the caso seems 10
Try itself. The next Is tort, and here 1t %
soon plain enough that On sssault was COM
mitted, but after provoation offered, and
that II Is only o question Of damages.
In another casc, the defendant owns that
he ought to pay tho debt, and complains
that the plaintiff, boing rich man, has
pressed him. This statement, tho rich man,
who Is o grocer at tho street corner, denies,
and to show this truth, offers largo exten-
iou Of payment by instalmens without In
tercst, which the judge advises tho defendant
10 be satisfied with and Judgement b en-
tered accordingly, and both parties 20 away
better satisfied than they came. r,ilm7.f .
Then comes tho case ofs man who has
obtained Judgment some time before,
which the defendant docs not pay, and sors
of chanoery examination Is mado into the
state of the defendants afsin, on . charge
that ho has sccreted property. .ar ,..'
After this fashion, in seniou ofsix hours,
| from ten o'clock in tho morning until four
| in tho afternoon, tho learned judge despatch.
ed a trial List which I am quito sure ono Of
our courts, aided by two oOnnsels on each
sido. and by twelve citizens called from their
business on purpose, would have needed %
many days to dispose Of. ss1. .l.-
There was but one LAWYER In attendance,
and he appeared only in two causes, and
rather shabbily in those. In ono, hs cross
examined the plaintiff and his witnesses
severely. and when called upon for tho do.
fsnoe. had none 70 otEsr. Dis only hopo was
TO brOak down the plaintiffs case. In tho
other be Attempted a defence BY calling
Witness 10 some indirect matter bu. tho
;udcc to,d him that if he did not call the do.
snS.n. and hi. vifs who know all about
main f.ct, ho vould not trouble him 10 10
into an indirect dsfsnoe. nosch osss, I am
ouito sure there would havo been no defence
but for tho attorney, and tho only effect Of
his Intervention was that his clients had his
services to pay for, and O larger bill of costs
adjudged against them. f #
Ifths amount q. stake exceeds E5, eithor
| party may require jury as matter Of right,
and the Judge may In any case, at bis dis.
erection, order jury, on motion Of either
party yet in no case on tho entire docket
for this term. was o jury demanded; and !
was told that 1t 10 very rarely that one 70
called, although the Jurisdiction of the court
extends to ESQ, which. on comparison Of
the condition Of tho humber classes In tho
two countries, Is worth moro than $3.50 In
America. II would not bo just TO ay that
this results sololy from creator confidence In