San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1890-06-07

Tricks to BE Used with Opposing Coun-
seI-Courtesy in the Court.
Law and lawyers fill an important place in
English history. They are far more prom.
inent than was the case even in ancient
Greece or Rome; and every schoolbOy knows
how large share they had i'll public and
domestic affairs in classical times. Some
persons are to be met with who alleges that
this is the most lawyer ridden country in the
world This may be true or otherwise, but
it is curious and instructive TO observe how
legal usages and methods remain substan-
TALLY the same as they were in the middle
ages A spirit of litigation prevailed then,
as now, perhaps neither more or less. People
are always apt to rush to the courts for a re.
dress of wrongs, real or imaginary, and for
the maintenance of rights supposed TO be
withheld or impaired.
Not every one has found time or oppor-
tunity to look into the " Speculum Juris" or
mirror of Justice" Briefess barristers, and
some pleaderS who fail with judge and jury,
might do worse than take a survey. 1t is a
work written by one Guillaume Durand,
who fourished about six centuries ago, and
is supposed to have died in 1896. At any
rate he lived and wrote after the settlement
of that system of judicature, in the time OF
Henry II and Edward l. which has virtually
remained to the present time. The book was
very popular, and was deemed of great au
thority. 1t was extensively Transcribed at
time when the art of printing was unknown,
and it was issued from the press, in COM
handing folio FORM several times during the
Fifteenth and Sixteenth centuries. 1t became
a sort of wade mecum with budding and as
pring lawyers for generations after the
writer had passed away.
This oracle gives advice as to appearance
behavior and modes of speech, such were
calculated to insure success in the law courts
When he wrote clergymen were also lawyers
as they were statesmen and administrators
1t is not surprising, therefore, to find that
Durand became bishop Of Mende. He was
native OF Provence; but French eccIesaStcs
were then very numerous in Eng laud-not
always to the complete satisfaction Of the ma
tives. However, lie seems to have been sue
cessful as an advocate while here, and he
| frankly explains how he succeeded for the
| benefit of others. He cautions them not tC
| indulge Ill personalities towards the counsel
| on the other side, from which it is to be ill.,
| ferred that references to my learned friend"
were not always of the most respectful char
acter Instead of this being done, it is well
| to treat him decOrOusly, unless, indeed, he
| treat YOU rudely" THIS, saving clause, is
susceptible of wide application. when re-
| plying to his arguments, you should COM
mend him slightly, but not too much, and
| commend him by equivocal words Exam
| piles are given showing that the writer was a
master of dialects and verbal refnements,
not to say quirks and bubbles. Mr. SERGEANT
| Buzfuz is character of remote antiquity.
Great proyocation was sometimes expert
enced at the bar Counsel were touchy or
| imperious, especially to juniors. You must
| not treat your adversary with cOutumely, or
| call him in plain words a rutfian or pre-
varcatOr or insnuate as much by saying i
| am not a thief thereby intmating that he
| is" If matters went to an extremity, and if
| in a moment of irritation he brought a
charge of falsehood, then you may safely
say, You are liar but protest that you say
| so not with intent to injure him, but only to
defend your own cause"
Judges are but men, and therefore are liza
Die to human infrmties. 1t is to be feared
| that their temperS were not always perfect
| GOO years ago. Doubtless, they had much to
| try them, in stupid or prevaricating witness
| IS, and even in the bearing Of counsel. Du-
| rand devotes much space to suggestions and
warnings as to behavior in court. On enter
ing, the first thing to be done was to remove
| the cap and make an obeisance. This was to
| be graduated according to the rank of the
Judge His honor III county court is not
entitled, presumably, to so much Difference
| as my lord" III one of the supreme courts.
| There were no stipendiaries or registrars in
| those days. Otherwise it might be a curious
l, - .-I
| should receive. But it is evident that Judges
were sometimes angry, with or without
cause. If so, do not rejoin." They might
even be sarcastic Still it was better not to
retaliate Loquacity was to be guarded
against for the bench did not like it. Care
must be taken mot to laugh causelessly be-
fore the judge" lest he might imagine that
it was at him. when he speaks, listen re-
spectfully, and then laud his wisdom and
eloquence."
Durand enumerates sundry judicial quail
ties which counsel might praise and magnify;
but be careful about attributing all to one
person" In other words, keep a reserve
stock of complimentary phrases, suitable for
other judges Be careful not to say anything
to offend, for it is a hazardous thing to
have a suit before an offended judge" 1t
might even be well to conveys hint that he
knows everything, while your knowledge is
infinitesmai Manner also is all important.
1t is well to rise gracefully, not arrogautly,
and to put on an affable and pleasant look,
even if the feelings be the reverse.
DO not move your head or feet awk
wardly." One would almost imagine that
some modern counsel must have been pres
ent, at any rate by sort of anticipatory
metempsychoss, when we read that certain