The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1868-01-30

taking any part in tine case except such
az belong to him as judge of the law and
referee in the contest. And causes were
ordinarily tried out in due, addresses to
the jury, examination, cross-examinatioR,
summing up and verdict following one
after another IN the regular and unbroken
sequence contemplated by law. And this
is an admirable mode of trial. Indeed,
we believe that in the long run it is the
only system by which justice can be done
before such a tribunal. The tribunal
being one wholly unframed in judicial in
| Quiry, this system provides that the case
in court shall be conducted by men who
thoroughly know the case beforehand, and
/ know what it is desirable to bring for-
ward, and what it is not, and who are
chosen for their special skill in presenting
facts to the minds of a jury, thus it
secures thorough Investigation of the
case. Moreover, it peculiarly guards the
! dignity Of the judge. The judge reigns
! but does not rule lie is first in dignity,
but not in power he presides over the
! inquiry, but has nc voice in its result
This is q somewhat delicate position when
filed by man Of energy, and in the pres
ence Of Jealous counsel, who have moth
ipg but the verdict of the jury in view !;
and it is obvious that a strict adherence
20 ihe order Of proceedings, and strict
Observance by each party-judge, jury
and counscl-of the province which theo-
Tetically belongs to each, is the surest
way to avoid any collision sr misunder-
standing between them.
But this regular aud formal mode of
trying ont cases has one drawback-it is
aot always the quickest mode. Counsel
may waste time by tedious speeches, or
needless elaboration Of evidence, or vague,
/ fishing cross examination the judge may
often see short cut over n stile much
/ shorter than the high road some mode
of getting at tho facts quicker than the
regular one ; some way of disposiag of
the case without trying it out and the
/ one object III all Our courts now is to save
time. They are burdened with arrears :;
the judges are pushing a Sisyphus load
uphill. There are of course differences
between judges. They like other men are
not all equal in self control, in patience,
in temper, in discretion, and some have
shown themselves previously deficient in
those qualities But the main cause of
/ the great change which has taken place is
the desire TO get through the work as
quickly as possible. The result is that
instead Of cases being for the most part
tried out in all form, like a game of
chess, as they were once in England, and
as they still generally are in Ireland, tits
not one case in ten that is tried at all
they are forced to compromise, or 2 refer
cnae, or something, to drive taem out of
court. If a case is tried it is commonly
tried in a roagh and ready fashion tho
one object Is to get the two stories known,
aud the facts on the judges notes as fast
as possible, regular rly-irreSular
how. As for the solemn order of proce-
dure, the sitting of law from fact, and
distinguishing the functions of the judge,
jary and counsel in the cid fashioned way,
there is no time for thai. Cross>exami-
nation, which to be of any real use must
be slow, cautious, tentative; must win,
if at all, not by assault, but by the pa
tiont and covert labor of the engineer, and
mus! therefore occupy time, is being prac-
rally abandoned.
No one familiar with Nisi Priss trials
viii think that we have exaggerated the
change which has taken place and is still
going on in the conduct of business.
We believe this TO be a most serious
evil for we hold that cases before a
Judge and jury can only be fairly tried in
the old strict fashion, all parties adhering
to their several functions. But we are
not much inclined to blame judges or
counsel for the pass that things have come
to they have only acted on the belief
that II is better to settle many cases some
how than few cases we'll. The remedy
must come from the Legislature In the
first place, whether by adding 10 the num-
Der of judges, or by redistributiug their
work. or both, more judges for Nisi Prius
must be provided. In the second place,
trial before jury, is by far the slowest
of all possible modes of trial, and is by
no means in all cases the most suitable
Il would be an enormous sa, ing OF time,
aRd IN the opinion of many q great im>
p-oveInsnt also in the administration of
justice if many cases now tried before
judge and jury were tried before judge
alone. Instead of as now, trial by jury
being in all eases the rule, with only a
power 10 try before judge By consent, it
may we'll be questioned whether in many
large classes Of cases the trial should not
be before judge, unless either party
specially applied for jury. This sys-
tenn works admirably in the Divorce
Court, and in the country courts. AT
any rate it would be less evil to change
the tribunal at once than, as at present,
To retain the tribunal and abandon the
proceedaTs which can alone make that
tribunal a safe one.
TO OWNERS OF Houses of
b,rSss 1ia ,,a,rI,, E-.,,, I--E plt:5