The Hawaiian gazette., 1870-02-23

their order, iusleaa % The confused way IN which
ssSs an @ sss Ss & as ,sa ssss ~e,S sSs Sass S
had Prepared although teehnlcaily, perhaps. come
what leading IN the mode In which they wur put,
sere 70 the point; thus preventing much waste of
itwas ffom no want of care or forctAoarht or h.
Completeness that The gentleman / alluded 10 dld
net via HE case; be deserved TO DO 50 II Il on
y ior The ability and skin he showed IN placing lt
before mo Now wish when non professional men
coudact their own cases they would follow this ex-
ample. In the nrst piaee. thcrc are very few men,
even N the profession, who put case, or Tslhcf
the facts OF case Visa rocs before Cenrt; they
generally ramblc on set confused, fopyct half they
have to say, leave out the most Important poinls
and .nsn thoroughly dissatisfied with Themselves,
they get sgry With their opponents angry with the
Court, and generally end hy making their case Who'll.
y uniutellieloe uot only 10 themselves hut 20 every
Que else, Now when man sits down 10 wrlts
statement he docs 50, usually AZ his case; he mar
shas his facts qulcty and IN ORDER a. they natural
y present themselves 10 his mind; be further forth
hsS taem ey reterenee TO IN correspondence nom
which b. quotes extFactsN heafing on his view
aud, being thoroughly masicr of his own case nom
bis own point Of view, he e able TO support II By
srsument and not being disturbed by remarks OF
statement. he comcs into Court fully prepared ha
neither cxcltes himself nor his opponent, and he
saves an enormous amount Of valuable time and
secures BY this means the best chance Of his easa
being tuliy and fairly heard and dctefmined on iis
rval mcre, III he loses he has the satisfaction AZ
any re, OF teeng that the loss Is not owing to any
IC1n
cut from having ssld what he did not mean TO say
But there Is another advantage in putting into
writing your case, especially II You do 40 at the
nes, possible Stage o. h.gaitin When IN the posi-
legal proceedirgs An old solicitor In very largo
practice aud of great experience, assured me thatf
clients would only show their sense BY preparing
their own cases In writing for legal opinion, and
not pour out their giefs and injuries BY word of
month into solicitors ears. there wonid be com
parStse very little litigation at all; half OF them
tr,N. k.s. r.. N.l a..1.n
hiS statement how bad his case was and how little
chance be had of success 10 tnking and explain
Ing himself rssd roee man gets excited; uxag-
gerates facts, cfcn calls on his Imagination, abuses
his opponent to his hearts content behind his back
and 10 think that he has no other object but
TO convince his lawyer thar be has been very much
wronged or IN used He seems TO forget that he has
come 10 his legal adviser for an opinion which. II
not based on 8 true knowledge Of facts aud not on
imagination exaggeration or Misrepresentation IL
absolutely worthless and certain to lead 20 cxpen-
sive disappointment To hear many clients talk,
you would fancy them advoeates, and the lawyer,
jndgc, instead OF a confidential adviser. Now
man seldom ronances when be is at his desk
aud surrounded by his documents and without
admiring audience or sympathiEing, il.iudg-
ing friend. The mere fatigue &c writing Is 10 q
certain extent safeguard against exasgrraiiou or
invention. he reads and re-feads what he has writ
ten, correcis and alters aud IN uinc eases out OF tun
with the characters and words before him In black
and white he seldom tries to, or succeeds in deeeiv
ING himself; the consequence is that before he has
finished he comes 10 pretty correct conclusion as
to whether the case Is worth lighting
Some misapprehension seems to exist to what Is
termed :" standing on ones rights To explain
more nearly what mean BY this common e1pres-
sion viii give you instance. A man buys goods.
Well. the goods do not mp either in quantity OF
quality to the representation, muster OF guarantee.
The man who |" stands on his rights " does noshing
d the goods perishahls he lets them perish II
they goods easily affected by uctnating deleateor
falling market he takes care to sell them al the best
price In fact be asts as he terms H. 50 as % wash bis
hands Of all responsibility he feels he Is in the right
that be will get damages the gets into
Court, and be does not straw what the con-
sequences 70 the with whom he has been dealing
and who may. quite likely not. be as Innocent
be himself Of any intention TO defraud. confess
that VIXEN 8 man comes into Court before me having
acted in this way ! conceive very decided dstasfe
for him and II make out that his conduct, his
" standing his rights" his disregard Of the in
teress Of others has caused those others any damage
take very good care In awarding him the damage
that others may have caused him, and which the Law
may award him, to make q commensurate deduction
in respect Of that which he may have caused them.
Under all circumstances sre bound to do the best
they can for others as well ss for themselves, even
when others are causing them damage Loss, no
matter which side II falls in the first instance, and
whether caused wilfnlly undersignedly. is not to
be voluntarily increased and the best must be done,
far as Is practcable TO redeem t. or. any rate to
prevent its increase. Notes. early possible,
should always be given the error, mistake wrong,
and Of what Is intended to be done In where
~
either in quality, quantity description, exaunAtion
shend be invited and every care should be takea to
make apparent and clear possible, the difference
wrong complained Of. claimant then comes into
Court clean handed he has done all he could do, not
only in his interests bnt Of the individual Of whom
be complains. In cases. however, itmay be haz-
ardous act quite alone there may be doubts 70
the rights merits Of the case II may be- and gen
orally is Necessary 70 verify facts and independents
parties should be called in 10 assisin doing Both
parties 10 differences may each conscientiously be-
lieye himself right in the view he. takes, and both
should not take up position Of hostility, each bent
on increasing the loss which may result TO Of them.
but agree, pending the reference to eompetent
tribunal, to do the best they in the meantime.
Thus, for instance agree TO sell the goods on the
best market Offering, or in the case Of a ship,
use it to the best advantage; depositing either the
proceeds IN some bank at interest, OF in the
hands Of Eome person in whom each has confidence,
and this all without prejudice to the rights Of either
If this conduct was frequently adopted, tiga-
tion would not be 50 runous losses heavy, 80
much III feeling and personal rancor be excited and
exhibited / always take matters Of this kind into
my consideration when called upon TO decide . case,
and when ind that one Of two parties has shown
any disincnation TO act in concert with his opponent
70 prevent an additional loss aecrung or continuing
have always given due weight to what really amounts
10 misconduct So also in compromises there Is
any objection to the offer ofa compromise OF
rangement; itcan always be made" without prejudice
Il then involves no concession Of right Of OPT
non, bat simply evidences an honest desire to avoid
litigation even at the cost Of sacrifice and always
operates in favor Of the party making IT, in the sight
Of either jury or a judge. remember when was
boy there were several streets Of windowless rat
infested houses in London. uninhabited and going
rack and ruin these were generally supposed 10 Be
in ChanceFy in fact they were only many eviden-
ces Of people standing their so-eaed rights; now
such shameful sights seldom II ever seen men
have grown WISER thoughtful and less favenous,
and the law too has sensbly become mider and more
equitable, and however much may occasionally
wish obstnately 70 stand s'their rghfsv 10 their
ruin, or the ruin Of Others they are not allowed
to heap loss loss to satisfy their revenge their
diote folly, and If they cannot be persuaded 70 act
by each other rightly, the courts Of Inv and equity
step in and appoint persons TO prevent q Wanton
waste ef capital and indecent disregard Of ift8
which were given men 10 and profit by, and not
to abandon 70 misuse and ruin. .f -r-u
Again, there vhep 10 pursue q strict legal
right Is to commit an injustice wrong. This
may appear to be contradictory in terms, buf It is
nevertheless, true. There many eases In which
men should forego their legal riehts.-aBd when not
to forege them evidences q lack Of generosity.
UnaFodabls misfortune-fhs errors Of othe-s-tho
mistakes even Of judges and juriss-may place men.
perfectly innocent Of any misconduct, in positions Of
the greatest embarrassment To give an instance
ship, from faut Of its master crew, was 20 IN
jured by another ship fouling her. prevent her
captain from carrying out charter party. The cap
tain did all he could 70 prove that his inability 70
perform his contract from fault Of bis. He
brought action in epurt Of eompeent jurisdiction,