The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-11-20
BRITISH COURTS OF JUSTICE
They Arevery Solemn and Awe-Inspir-
ing, and Also Enormously Expensive.
The Good and Bad Features OF Judicial Proceed
ure in the Courts Of the United King
dom, with Striking Illustrations

Special Correspondence OF the Sunday Journal
LONDON. Nov. a-There is perhaps No
country in the world where litigation is
more expensive than In Great Britain. ID
10 scarcely true that ENGLAND has one law
for the rich and another for the poor. Her
laws are for all classes equally-providins
they can afford it. Rascals with q 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 lie in vim
dicating the rights of the Innocent: espe-
cially so when wronged innocence labors
under the disadvantage of not havingmuoh
money 10 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 ia motion.
The attorneys fees are the first impede
ment. An English solicitor will hardly lis
ten to you for less than a guinea, and even
at the very beginning. when you may only
want TO find out if you have q valid case,
he is almost sure to wish to consult bar
rister. Really an ordinary lawyer over
here doesn't amount To much. He can only
plead in courts of the very lowest iurisdic-
ion; at every other tribunal you need a
barrister. and these two functionsries play
so completely into each others hands that
the poor client is quite ct their mercy,
aud it 10 often the case that before
long he breads his own sdignifed and
costly councillors almost as much as the
fellows on the other side. Besides. one
soon finds out that both solicitor and bar
rister have satellites in their train, called
clerks. and at every turn be 10 charged a
fee for something or other these gentlemen
are supposed 10 have done for him. IL ID
the same with law-clerks as with house,
servants over here. Your first superstition
is that their wages will be paid, as q matter
of course, by the parties who employ them.
But you find out fAally-in fact very soon
If you come in contact with them. that
they draw their support In fees and per-
quisites from poor unfortunates like your
self.
The English court of justice is so awe
inspiring a function that to merely witness
il throws a wet blanket over ones spirits.
to say nothing OF what 1t must be 10 the
parties in interest. The bewigged Judge
with the sword suspended above his solemn
vissge; the terrible dignIty of the court Of
ficials. the restraint which seems to rest
like spell upon the gowned advocates.
who really themselves seem TO be almost
afraid to open their month. lest. like Mrs.
Darlington, they should put their foot into
it-all Ihese things. and many other con-
tribufing adjuncts, make big trial In an
English court seem TO the looker-on very
much as the day of judgment used TO pict-
ure itself to us ere yet the new theology
had come into vogue.
WOMEN AT NASTY TRIALS.
Still. the people insist upon flocking to
these functions. and the way they flock in
this land. ladies not excepted, when that
which is salacious or particularly morbid
is likely to transpire. is something for the
student of human nature to puzzle over.
after he has once been witness to il. for
long time. At that dreadful and dread
fully nasty Neill trial. ladies were in con-
sp;euous abundance, and at one session a
real lady tof course she wasl sat by the
side of the judgr and was cordially
All the facts underlying this case were
as filthy as they were bloody. and many
of the witnesses were of the prostitute
class. To read of such q case ought
Would fk thinR BUT women seems to be
changing-at least some of them do; and
now, over here, those of the sex whose
virtue is supposed 70 be above suspicion
seem to think nothing at all of appearing
as interested spectators at the most dis
gusting trials. Or rather. We would say.
they seem to think everything of such op.
portupities and will endure everything
rather than miss them. Ladies' will
please retire." said one judge; but not q
lady moved. Then he said, "ladies of
decenoy will retire." when, of course. there
was n grand, though. no doubt, q deeply re-
GREETED clearing out OF these perplexinR
specimens of the fair sex.
The aweInspiring influence of the
British court of justice il felt outside and
nowhere more effectually than in news
paper officers. Hardly q line of comment
appears while case Is in progress. The
judge and Jury must be left Co try the issue
without any help from able editors or from
inventive reporters This, partly as q
matter of taste. and partly from fear
Of falling nnder the contempt of her
uiIeas offenders. The red handed led
murderer. whose guilt no one can doubt.
victed. as the .sIieSedp murderer. In our
country the newspapers. as rule. would
not scruple TO try the case and pronounce
verdict before the accused had even been
arrested. But here. in both capital and
lesser crimes. the facts are given only rs
they are testified TO in court and 10 10 often
the case that the police have piles on piles
OF facts bearing on criminals record.
which. rs they are of no uso in his trial for
particular otense. are never given TO the
press at all, or. II at al. only after be
has been found guilty and sentenced.
Here again the case of Neill comes in. The
most damning facts in his American and
Canadian career were not given 10 the pub
lie until the day after his trial closed. The
police department. had them but the press
oonld not get them for love or money prior
to that time. and indeed If the press had
known all these facts it could not have
used them. Precedent and law together
exercise tremendous censorship over the
newspapers of Great Britain.
THE JUDGE MAKES THE VERDICT.
Trial by jury seems TO be known over
here only in mama It is the judge who
tries the case. and it 10 really his verdict
which is rendered. The jury may conscien-
tiously concur. but they know before they
retire what is expected. and they know
also that woe will betide them-at least &C
the extent of a round judicial scolding-if
the judges wishes are set at naught. There
can be no doubt that English judges are q
terror TO evil-docrs, but whether they are
the defence and praise they ought 20 be 10
those not really guilty of evil-doing. Is an-
other question. The Judge, IN summing
up, Is sure to strengthen the weak
points OF the prosecution. and Is just as
| sure to puncture all the pretty rhetorical
| bubbles of the counsel in defense O1o
thing 10 beyond doubt, and that 10. THAI
no guilty man will ever escape over here
simply from eloquent pleading. or because
| be has an advocate who knows how 20 pull
| the wool over the eyes Of the men In the
| jury-box. The judge always attends TO
| little matters of this kind, and without
using the EXPRESSION in any bad sense, we