Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1892-11-21
ENGLISH COURTS OF JUSTICE.

spends cent"
'I mean he can't stand his neighbors'
prosperity. New York Press.
ENGLISH COURTS OF JUSTICE.
The Good and Bad Features OF Judi
ciaI Procedure in Great Britain,
with striking Inustrations-Costly
Lawyers and severe Judges.
LONDON, Nov. 0.
To the Editor OF the JOURNAL AND COURIER:
There is perhaps no country in the
world where litigation is more expensive
than in Great Britain. 1t is scarcely true
that England has one law for the rich
and another for the poor. Her laws are
for all classes equslly-proyiding they
can afford it. Rascals with big bank
account are not spared on the ground of
either their wealth or titled connections.
The British courts are great on Furnishing
the guilty. Where they fall short is in
vindicating the rights of the innocent;
especially SO when wronged innocence Ia
bors under the disadvantage of not having
much money to squander. This is not
the fault of the law itself, but of the
complicated and costly processes by which
alone the law can be put in motion.
The attorneys fees are the first impedi
ment. An English solicitor will hardly
listen to you for less than guinea, and
even at the very beginning, when you may
onl ywant to find out If you have valid
case, he is almost sure to wish to consult a
l.,
here doesn't amount to much. He can
only plead in courts of the very lowest ju-
risdietion; at every other tribunal you
need barrister, and these two functiona-
ries play SO completely into each others
hands that the poor client is quite at their
mercy, and it is often the case that before
long he breads his own dignified and cost
ly councillors almost as much as the fell
lows on the other side. Beaides one soon
finds out that both solicitor and bsrrister
have satellites in their train, called elerks,
aud that at every turn he is charged fee
for something or other these gentlemen
are supposed to have done for him. II is
the same with law clerks as with house
servants over here. Your first supposi
ton is that their wages will be paid, as a
matter of course, by the parties who en-
ploy them. But you find out finslly-in
fact very soon-if you come in contact
with them, that they draw their support
in fees and perquisites from poor unfortu-
mates like yourself.
The English court of justice is SO awe
inspiring function that to merely wit
| ness it throws wet blanket over ones
spirits, to say nothing of what it must be
| to the parties in interest The bewigged
Judge with the sword suspended above his
| solemn visage; the terrible dignity of the
court officials; the restraint which seems
| to rest like a spell upon the gowned advo-
Gates, who really themselves seem to be al
most afraid to open their mouth lest, like
Mrs. Partington, they should put their
| foot into it-all these things, and many
| other contributing adjuncts, make q big
| trial in an English court seem to the look
| er-on very much as the day of Judgment
used to picture itself to us ere yet the new
| theology had come into vogue.
Still the people insist upon focking to
| these functions, and the way they flock in
| this land, ladies not excepted, when that
| which is sslscious or particularly morbid
| is likely to transpire, Is something for the
| student of human nature to puzzle over,
| after he has once been a witness to it. for
| a long time. At that dreadful, and dread
fully nasty Neiil trial, ladies were in con-
| spicuous abundance, and at one session g
| real lady (of course che was) sat by the
side of the judge, and was cordially greet
| ed by him upon her arrival. All the facts
/ underlying this case were as filthy as they
i were bloody, and many of the witnesses
/ were of the prostitute class. To read of
such a case ought to make any pure wo-
man blush, one would think. But women
seem to be chsuging-st least some of
| them do; and now, over here, those of the
sex whose virtue Is supposed to be above
| suspicion seem to think nothing at all of
/ appearing as interested spectators at the
most disgusting trials. Or rather, we
should say, they seem to think everything
| of such opportunities, and will endure
i every thing rather than mics them. LA
1 dies will please retire." said one judge; but
not lady moved. Then he said, "Ladies
of decency will retire." when, of course,
there was a grand, though, no doubt, q
deeply regretted, clearing out of these
perplexing specimens of the fair sex.
The awe inspiring influence of the Brit
ish court of justice is felt outside, and no
where more effectuslly than in newspaper
offices. Hardly a line of comment sp'
pears while case ia in progress. The
Judge and jury must be left to try the is
sue without any help from able editors OF
from inventive reporters. This, partly as
matter of taste, and partly from fear OF
falling under the contempt of her males
ty's judges. The English press is deferen'
tisl at first to even the vilest offenders
The red handed murderer, whose guilt nc
one can doubt, is always spoken of, until
/ / kaI tha fso11araID pnnrIarar Tr
our country the newspapers, as a rule
would not soruple to try the case and pro
nounce a verdict before the accused hat
even been arrested. But here, in botl
capital and lesser crimes, the facts arr
given only as they are testified to in court
and it Is often the case that the police hsv,
piles on piles of facts bearing on crimi
nails record, which, as they are of no US
in his trial for a particular offence, ar
never given to the press at all, or, If at all
only after he has been found guilty ant
t sentenced Here again the case of Neil
/ comes in. The most damning facts in hi
American and Canadian career were no
, given to the public until the day after hi
trial closed. The police department hat
them, but the press could not get them 70
love or money prior to that time, and in
, deed if the press had known all these fact
it could not have used them. Preceden
| ana law lORclucE cAcEClsc
a censorship over the newspapers of Gres
: Britain.
Trial by jury seems to be known owe
8 here only in name. 1t is the judge VIII
< tries the case, and 1t is really his verdic
which is rendered. The jury may consc
entiously concur, but they know befor
they retire what is expected, and the
t know also that woe will bstide them-a
Q least to the extent of round judicii
scolding-if the judges wishes are set g
naught. There can be no doubt that Ems
llsh Judges are terror to evil doors, br
whether they are the defence and prsit
they ought to be to those not really guilt
- of evil doing is another question. tt
> Judge in summing up is sure to strengthe
"a the weak points of the prosecution, and
! Just as sure to puncture all the pretty RI
= torical bubbles of the counsel In defenc
~ One thing is beyond doubt, and that
that no guilty man will ever escape ov
q here simply from eloquent pleading, OF b
a cause he has an advocate who knows no
B. to pull the wool over the eyes of the me
in the jury box. The judge always stten
ne to little matters of this kind, and witho
using the expression in any bad sense, '
n, should say, If we spoke our real convi
be tions that in the fne art of managil
l." iuries these dignifed Euglish judges ha
no equals. The ordinary police COT
Al | iauver If tina limited States fs by 40,