Smyrna times., 1857-05-13
Counting.


1t must be evident to everyone familiar with {
the termination OF eases in litigation, that sue
cess. nowadays, is more the crowning-work OF {
srtifice, cunning and trickery, than OF stern and
deserved Justice. Read the proceedings either
criminal or civil, as they are published from the
record of the courts, and it viii be found that
the question of JUSTICE is almost nullity that
instead of being the pivot on which the whole
fabric should be equiposed. 1t scarcely shares
nominal part in the matter. Cases are now
mostly carried by the cunning of lawyers, IN
stead of by just and rigid weighing and silt
inc of evidence pro aud con. For instance, a
suit is brought to court, attorneys are engaged
an indictment is found and read, and here fre-
auently the whole matter is arrested, from some |
infor.naity.-- .--an or, or an i, has been lett out,
or an / has not been dotted or a crossed |
Then again, by the questions crossed and re-
crossed an hundred times, until the lawyers
themselves could not tell what was asked, TO save
them from the gallows, timid witness Is pro-
nounced Incompetent because his testimony
conflicts in detail! Why is not justice oftener
found! Is it because the law is not right, or
that we have not enough of 1t We think not.
The true cause may undoubtedly be found IN
the lawyers, ,whoare as so many avenues through
and by which rogues may escape justice. All
know instances OF their success even In releas-
ing m Barabbas' - from merlted punishment,
when he is known by the counsel to be guilty,
considered as a dangerous man throughout the
Oh fhaf full
penalty of the law. Why do we hear so much
complaint in late years about Lynch Law" ii
it is not from the cause we have just named
When law is by artlice made protection to
felons, what other resource is left all outraged
community! We are no apo!ogist tor such pro-
ceedings-they are to be deprecated; but IN
stances may occur, such as the one IN Cali.or-
mia the past year, when public and private In-
terests demand it.
Law, courts and juries are necessary, but we
believe that, in niue cases out of ten, true and
more proper verdict would be rendered by a
Jury of twelve men, after hearing a plain
straight forward evidence from the witnesses
and charge of the Chief Justice, than if they
were to hear the pleadings Ofall the lawyers II
Christendom. There were ten times the chance
ofa lust decision before self-constituted cour
in the Back. woods, or the Gold-diggin's, thar
in our courts, where everything is mystifieC
and doubly confounded By our learned "attor
nies at law"
Our statement will be verified in the mind o
everyone who will reflect moment upon the
, tu Ia infpafqd will
thieves, who are continually committing dePre
dations upon the different hen roosts and meat
houses OF the neighborhood,-thei houses arr
searched, the pu loined articles found, the par
ties arrested, carried before a justice OF tn
peace, convicted of theft, of which everybOd!
believes them to be guilty. and are sent to jail
TO await hearing before higher TRIBUNAL
The court finally conyenes, the States Attor
ney bringsiH an indictment charging them witt
theft and the harboring of stolen goods; but I
learned counsel discovers that there is fGt
in the indictnent,-they were not seen to Ia!
hands upon the property, or with how many I'm
gers they picked it up, or whether it was pu
on the right or left shoulder and, accordingly
the cnlprils are let loose upon society and en-
couraged TO continue their dePredatlons.-
Again, some rich Ahab and JeZebel may cove
the garden of a poor, industrious, honest Ma
both, and, after repeated attempts in variou
ways to obtain possession of the poor man
land, a suit is instituted in court, counsel ar
engaged, and fascinated by the glittering "sh
neu,-a packed jury, composed of men of tn
same faith, is empanelled,-od men, well Sc
lected for the purpose, swears that so man
years ago, they knew the line to run thus an
40. (which is afterwards found TO be about th
time they.sprung into existence 1.-THE lawye
sun, up a clear case, and the honorable jur
after retiring short time, returns with We
dct that rich Ahab 10 entitled to the fruits
the honest toll of poor Nsboth. And, so cas-
might be brought ad ir.fniium. but these wi
suffice. The court is place where justice al
iustice only, should be found but, too often
ia the reverse. 1t is not our intention to NAL
asgeneral onslaught upon the legal Professio
There are many honorable and yirtuous M
among them, and as such they will compa
fayorably with any other class OF business me
But il is in the Bar and before Jury to viii,
we have reference. There they have, if pc
sessing ability, so much power in shielding d
guilty from justice. and the mischief is, they
il. AS profession. they are necessary in 81
ing council. There are SO many changes fro
time to time in legal affairs, and the study
Law SO intricate, they are necessary to csunt
and advise; but we must reiterate that, befs
a court. particularly. their Office is mostly th
of hindering the course Of justice.
or The corones's jury last "Wednesday,
the case Of James Hancock, rendered verdi
= a 4 fad fxous Eru al and.