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

when the verdict of acquittal was pronounced
discharge The PRISONER said the judge. But she
had tainted dead away, and her senseless form was
carried out OF tho room 10 the of her father.
saw several cases tried upon charges Of the horrd
crime against nature. Mr.. Justice - told me they
occurred at almost every circuit and saw At least
one conviction on testimony which left no doubt
that the revolving offence had been committed
Let US 60 now to the civil side of the court The
diaefences here between Our practice and the Eng.
lish are much less striking. Special juries are.
however more frequent. Oh paving guinea per
head you have special jury as matter Of ri ht;
aud that special jurymen are q different class of
mOrfals from common jur,me was very IAliuly
proved 10 me in the course Of very capital opening
made by Mr. Sergeant Byies, at Ipswich for the de.
fence Of an action brought for compensation BY y
landowner against railway company. He was I'D
his speech 10 resort TO familiar illustration. he be-
Ean:-"GeBtlemen, you are no doubt frequently in
the habit OF seeing your wives making bread. and
you have no doubt also observed that bread
teI1upted by his associate counsel, who whispered
something in his ear, whereupon the judi.
eious tactician Immediately corrected himself
"Gentlemen, l had for the moment forgotten
that this was special jury had intended to say
you have 10 doubt seen your servants make bread
So sensitive are the feelings of caste in England,
ana SO offensive would it be 10 spe ,ial jurynan to
have il thought that his wife ever made bread The
speech was AN excellent one and captay illustrated
the eccenricies OF trial by jury. It was an openin
Tor she defence; not witness had the counsel called
but tag moment the ieaened sergeant sat down. one
OF the urymen rose ana said the seemed to him
very clear and he hoped they need not be troubled
by any farther investigation Of tine plaintiffs de-
inand. So cleverly had the thing been DONE the
jury actually Thought that all that had been stated
had been proved.
saw several Gases tried illustrating the appIica-
ton OF the new rule permitting the party to testify
IN ms own cause. Or Six judges with whom con-
satisfied it was an improvement on the old system,
and several Of them originally opposed to it, had
been converted by seeing It's operation.
l am not now to argue the general merits Of the
question, or whether to arrive at the truth Of GER
tain c0Itroveted state of facts it is really wiser to
ask, or to refuse to ask those who nnquestiopably
know most about the matter. But one advantage
me, and when stated will think, appear considera
bic to every practical lawyer.
The permission to call q party becomes a
compulsion to do 80, because the omission to
do 1t opens the door for q fatal attack. so that
in practice the plaintiff and defendant are al.
ways called and what is more they are always first
cared. ms puts at once an end TO all fnessing
abont the order Of testimony. There is no arrange
ent OF witnesses; no putting this one forward be-
cause he Is more favorable; keeping that one
back because he knows little too much The plain.
TIL Or defendant Is first called; he states his case If
pretty much up, as it ought to be; if not you zorro
boTafe as best yoa may. The practice undoubtedly
simphies the trial Of causes.
The leading diversity between the English courts
NJ Nls PIius and our own il the difference in the
dispatch OF business, and the difference s greatly in
their favor. 1t il difficult to make any accurate
chronological estimate, but think they do not con-
sumo one-iourth part Of the time in the trial Of
causes that we do This was the point that had
most in my mind when first entered their court
rooms, and was that to which my attention was most
directed. The secret is easily explained
The great reason Of the English dispatch of bust
ness Is owing to the fact that trial at Ni Prus is
confined IN pfacti e. as it is only in theory with III,
to asceitanng the facts of the case; all legal argu
ments are really and truly reserved for the court
above. No argument. or anything approaching to
an argument, is allowed. A question is put and
objected to- the judge intimatng his opinion some
times by nod, sometimes by grunt, sometimes
by growl; but the decision is ma de- if consider
ed ohjet tionable excepted to, and the cause in
stantiy proceeds. There are no elaborate discus
sons of questions OF Inv which onght to be reserved
Tor the court above; no ingenious offers of tesmo-
ny made only as the texts OF captivating harangues
to The jury, in order to induce them to believe &
| thing proved that the counsel has no means on
| earth Of establishing.
That this is the true theory Of system Of juris
| can practice permits the Judge, jurymen and wit
nesses TO be kept waiting hours during the elaborate
discussion of questions Of law offers Of evidence
&c, is vicious innovation, appears to me suscep
| tible of no serious doubt
To be sure, The thorough discipline and submission
of the English bar we cannot expect to have. ]
grows out Of the English character and English
cial organization We cannot expect our barristers
ships right" Just as your i.orlshp peases;" "Im
quite in your Lordshps hands" There is little too
much of this at the English bar and on young and
! timid mer-although the English judges are emf
nenty accomplished lawyers and courteous gentle
meE-l am persuaded that the judicial frown may
exercise chilling If not blghting influence.
| ] saw but one offensive instance of this kind OF
thing: Queens counsel proposed to ask some
| question on cross-exarnination. The judicial wig
shock horizontally. That is enough generally t
check the most adventurous barrister, but it did
at once succeed OH this occasion.
/ But, my Lord
"lt's not evidence, Mr. e."
Eut, my Lord, the Counsel on the direct ven
| into this branch of the case, and"
Mr.. Z, shall not interrupt gentleman Of
| Your rank in the profession, and you may 60 on il
'eitd with an asperity of manner that pen or pa
| per can convey. l hardly need say that Mr.. x
did not pursue bis crossexamination.
But this was the only instance of the kind that
/ am quite sure that the causes are, as general
rule, fully tried, fairly tried, satisfactorily tried
with AZ, say, cetainly not an expense Of onefonrh
| OF the tine we con,une and that simply owing to
the TACT that the counsel does not attempt to Offer
and the Judge will not listen to any argument what
ever during the trial Of cause. The question il
asked, the point made, the exception taken, the de-
clsion gwen, and the cause Instantly proceeds
How superior this is to our system need not say.
| In the arts OF oratory, as general rule, thu
English barristers can not boast supremacy. They
have nothing of the incredible fluency of orr coun
sci, who ale born at ward meetings live on til,
stump, and die in the halls Of legislation, and WHIT
flow on like shining rivers, with equal ease whethe
| they have much, little or nothing to say.
Their style of speech is in general embarrasse,
| and iIelegant and they have neither the Celt,
yivacity nor. as / have said, our nninterruptiblt
lueDcy. Their speech is too often defermed BY thu
| perpetual recurrence of common cooquiaisms
"Oh, yes, verwell;' ard "You know" adj nauseam
TO this there are however very striking exceptions
to which it would be inyidous for me to refer no,a
| natim.
! AS a general inle there are no provincial libraries
on these circuits OF course, the judges and counsel
| have few p0de mecvms with them; but there is
really no time for study or consultation; the counsel
can hardly have time to read his brief much less for
/ consultation or conference. before nc Is called on.
The business on the circuits varies very much. AT
Derby there we're twenty-six cases on the criminal
calendar, and only five causes on the civil side. AT
Croy don Dir. Justice Wigbtmaa wac struggling, like
| Enceladus under civil calendar Of upward OF two
/ hundred causes. Ard the great Northern Circuit,