Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1868-07-24
Correspondence of the Free Press)
Stenography in the Courts.
lis advantages IN Courts Of LGu-The changes
IN Practice made by it-.4re Stenographers
reliable "a suggestion for Termont
Arp,Ny Tuna 10

DEAR FREE PREss,-
have been rummaging a little among the
records of the olden time, looking up g short
hand' among other matters, and have been
especially interested in its use in the Courts of
Law. The chroniclers tell us that the art Of
shorthand was lost during the dark ages. 1t
seems that shorthand is now being reconstruct
ed upon new and improved basis. will let
the dead past bury its dead while | write of the
present condition of the art, with especial refer
ence to its use as an element of the present
Judiciary system of this State and its probable
use at an early day in the Courts of Vermont.
( The last time | met Mr.. Nicholson, Of Wal
lingford, Vt, here in Albany, he told me that
he had once introduced bill in the Vermont
House of Representative, providing for the ap-
pointment of stenographer as separate
branch of the Court in your State. The bill was
not reported, but was smothered, and buried in
that most capacious Of all cemeteries, Legisla-
tive Committee room
take it for granted that the judges Of Yer
mont know little or nothing Of the advantages
and disadvantages of the stenographic element
in the judiciary. When l saw few weeks since
in the Free Press a statement that a trial had
been in progress in Vermont some five weeks Il
think it was), | was led to enquire where was
the stenographer2" | take it for granted that
he is abroad from Vermont yet. In the Court,
Of this State, where the stenognpher is now
/ pretty well established, We are forgetting that
he is not equally prevalent elsewhere Our Dis
trict Attorney went to New Jersey "a couple Of
weeks ago to try a cause, and came back with
fair degree Of astOnishmeut in his counteuauce
as he announced that in New Jersey they did
not even know what the '' Steuographcr of the
Court signifed. 1t seemed To be all Greek to
the lawyers OF Jersey.
But there is not much TO boast OF in regard To-
the Stenogrupher' and an emergeuce from
the gloom of the dark ages, by way Of under
standing aud approaching him, aHyu-iers as vet
1t is less than fire years since in this city, the
capital of the Empire State, the judges Of the
supreme Court looked with Il doubtful. if not
plying -mile upon the man who, with "a modest
blush at his own presumption, proposed To take
the testimony Of witnesses more rapidly and nc
curately than the learned iudges could take it.
1t is less than hree years since the lawyers and
Judges have laid down the pen and applied them
selves without restraint To the most rapid method
Of trying causes that the powers Of speech will
permit. The Hon. Judge who told an a,piiaut
for steuographic honor> and emoumeuts that be
(the judge was so accustomed TO the pen tia-
be could not try "a cause without it, undoubtedly
fully believed the statement at that time If.
therefore, We aiop; the theory of those philo-
sopher- who make every little as well As great
Improvement GncIudiug, of course. planchettel
an emergence from the dark ages, why then al
we can say is that a streak Of dawn or "a fash of
sunlight has reached Us which Las not Vet GID
el the hills and mountains of Vermont. We
"a Yorker therefore propose. very patronisingly,
to let the judges and lawyers Of Vermont see
how some Of our new light looks. so that they
2 may borrow some of it if they like. BY the
way, now that think of it, and rs a propitia-
tory preface To this presumptuous letter, I viii
answer a question asked me by Vermont
lawyer not long ago. He desired to know of me
whether causes were tried more thoroughly iu
Vermont or New York | recently heari an
opinion expressed upon that subject by one Of
our very 2blest adyocates at the bar. who has
had frequent occasion in his very extensive prac-
tice to contend with members Of the legal pro
fes-ion in Vermont He was commenting upon
the management Of the McDaniel- will case.
with which some Of the Burlington lawyers and
Judge Barrett are very familiar. Hi- comment
was that those Vermont lawyers had So much
time 10 look up authorities and prepare their
cases, having but a few heavy eases 70 attend To-,
that it was very difficult indeed. for lawyer
in full practice To get advantage Of them in
any case. 50 I suppose we shall have To grant
that in Vermont cases are very thoroughly tried.
although We are somewhat disposed to think
that the process is quite too slow and intricate
where much work is to be done
We find here that the stenogr,pher modifes
in many ways, and To a very considerable de-
gree. the trials of issues Of fact In the first
place, there Is an unfettering and release Of the
powers Of really able counsel which gives them
a control over witnesses which they could hardly
gain when they had To delay for the writing
down Of the evidence Brilliant and ready
counsel will keep up animated, and often
very interesting conversation with witness.
plying him or her with rapid interroratories, in
which there j. room for the exercise and display
Of ready wit, skill and ability. The CONVERSE
ton Is interesting because it Is so quick, lively
and uninterrupted The tedious waiting To
write, which renders an old style of court So
dull and wearisome, is changed to n scene where
repartee and quick intelligence find fair field
in which to be tested
Counsel thoroughly drilled in the old methods
find at first difficulty just here recently
heard such gentleman remark, " the case pro
cecls rapidly that | cannot comprehend it"
1t Is undoubtedly true that ready men have
great advantage over the '' slow coaches in the
use Of the new method For where are the
minutes of testimony to which Slow Coach has
heretofore referred 50 constantly and with so
much confidence, to refresh his memory and to
prove ito the Court and jury and the obstrep-
erous, pugnacious and unreasonable counsel
opposed to him, that he (Slow Coach), and he
alone, knew Just what the witness really had
said and what he did testify to. (2) Alas for
legal comforts,-th minutes are no longer under
Il h., c..i 10 IA
their age and experience to acknowledge that
their minutes are correct. The only way to
establish point in the evidence which has been
sworn to, is to appeal to the memory Of the
jury or to the verbatim record found in the
stenographer's notebook The minutes kept by
" His Honor are no longer the end Of the mat
ter when counsel dispute. g." His Honor now
stands for the law only, while for the testimony
we have to look to the - gentleman who deals in
crows tracks and flies legs" as Slow Coach
very aptly and politely terms the stenographer,
when he (Slow Coach) is badly beaten on an ap-
peal because he 81 entirely forgot" to take an
exception, or was guilty of some other equally
stupid thing, for which he ought to be ashamed
OF himself.
This way Of trying cases by memory and with
the utmost npidity that speech will permit,
while it bothers the slow men gives great advan-
tage to a really competent lawyer. 1t aids him
much in his argument to the jury to be able to
refer them to the facts which they have Just
heard before they have grown cold to the thought
or become dim to the vision, and while they are
yet warm when they fell from the lips of the
living witness, and clear and vivid in the minds
of those whom he addresses 1t aids him. too, in
unmasking falsehood He can drive a prevari-
eating witness into Il corner by series of rapid
attacks from which the opposing counsel cannot
rescue the witness by calling out Hold on till
we get that down,-are we not to have time to
take down some of this evidence" or other