The times. [volume] (Richmond, Va.) 1890-1903, 1893-02-26
ENGLISH, YOU KNOW!
JOHN wTsE's EXPERIENCE WITH
LONDON BARRIsrERs.
M. Tell, the Brooklyn Eagle ofs Trial in
an English cOurt--simiiarity Of Eng
iishmcn and virginians.


the ex-Congressman. in conversation the
other evening. 'The case OF the National
telephone Company OF Great Britain
against the Leeds .Tramway Company
was being tried in the high court OF
Justice. chancery division. before Mr.. Jus.
tice Kekewick. The fight grew so hot
that the Tramway people sent TO America
for me and any expert whom / might
choose. ] took with me Mr.. O. r. Crosby
general manager of the railway depart-
ment Of the General Electric Company.
Although only thirty years Of age. MIR.
Crosby Is at the head OF the electrical
profession in this country. Fighting the
case for the telephone company were
Sir Richard Webster. ex-attorney general:
MI J. Fletcher Moulton. MIR. Warrington
o. C., NJ. T.. and a number OF other dis
tinguished lawyers. For the Tramwav
there was Sir John Rigby. one OF the
most eminent OF the English barristers:
Mr. Ronsleld. NJ. p, Q. c., Mr.. Durham
Mr. Daniel and others. The telephone
company brought suit 10 restrain the
trsm~ay company. claiming that the
more powerful currents used by the latter
interfered with the operation OF the tele-
phone grounded wire system.
The witnesses were no less dIstin-
guished than the lawyers. Sir John Hop
kins. who had just got Judgment for the
three-wire system; Sir William Thompson.
one Of the greatest Of electricians. manu-
facturer OF the wonderful navigating in
struments; Aplang. the Frenchman. fore
man or the electrical jury of experts at
the Paris Exposition: Sir Frederick Jo-
seph Bramwell. There were many more
whose names are known all over the
world as electricians Just before Christ
mas the case was adjourned till January
l2th. and ! was sent for and went. /
arrived In London on January i1th, and
lost no time In waiting on the Tramway
COmpanyS solicitor In England the
solicitors prepare a case and brief IL out
They then retain the barrister, who fights
the case I'm court. The Tramway Com
pany's solicitor took an early opportu-
nifty OF impressing upon me an under
standing Of the awful social chasm which
in England exists between a solicitor and
barrister. They advised me not to be
offended or surprised IL l found my treat
ment by the barristers not as fiattering
as l expected. l replied that the inso-
lence OF Office was no novelty to me-
] had witnessed st IN America. With the
warning, l was carried 70 conference.
az what the solicitors called the 'chawm-
bers' Of Sir John Rigby. Go down in
chandiery that has been at especial pains
70 get itself dirty. paint II a dark green,
ike the cabin OF an oyster sloop, paint
lawyers names on the door IN about the
same style OF letters boy would scratch
let the rooms inside be about the size OF
q trunk-room at q country tavern and
you have n good picture OF the 'chawm-
bers' Of Sir John Rigby, OF which the
solicitors spoke IN such an awe-stricken
were very courteously received. Taking
the cue given to me by the solicitors. /
kept my mouth shut and my eyes and
ears open. / listened eagerly 70 the dis
cussion Of the case by the English law
yers was especially struck with the
strong horse sense of Sir John Rigby, and
his rugged simplicity OF expression. The
discussion was very able and thorough.
and / heard enough TO convince myself
that knew as much about the questions
at issue as any man in the party. At
length Sir John Rigby asked me for my
views. ] answered that in all my cases
! had planted myself on the proposition
that wS did injure the telephone, but no
damages were due from US for the injury.
Ny line OF defense was more radical
than any they had contemplated. They
had introduced mass of testimony to
show that the system Of electric railroad
was the best known. and that the ground
ed wire telephone circuit was a bad
method. The tendency Of this was to
suggest a change OF construction in the
telephone to avoid the disturbance. They
had also introduced considerable testi-
mOny 10 show that we did not disturb
the telephone company very much-all
this is very we'll and abundant precaution.
] imagine rather startled them when
announced that 1 considered the whole
mass Of testimony taken as irrelevant
70 the true issue. / believed the court
would say las il subsequently did, L am
not here to remodel the railroad or the
telephone: I am here 10 decide whether the
railroad. as IL is built. interferes with
the telephone as It is built, and, II so,
whether I shall grant the injunction
asked. I cannot make facts. I must take
tho facts as hey are and apply the
law 20 them ] had seen too many OF
these cases TO doubt for an instant the
serious Interference Of the grounded rail-
way circuit with the grounded circuit Of
q telephone company, and knew that all
the testimony tending to show that we
ia not bother them much will not stand
investigation. We do seriously interfere
With the working Of the telephone. The
strength Of our case lies in the contention
hat we have a right TO do So and that
whatever damage Is occasioned is what
IS known in law as damnum absque in
llria. Although radically different from
previous suggestions, the line Of defer sc
] had mapped out was favorably received
ana after a conference, was adopted.
The case was resumed the following
day II was amusing TO me TO be called
as witness In such case for that was
my status in court. / was an expert
witness. had no standing as a lawyer
on account OF English practice. 1t was
as have said, to find myself
talking electricity as an expert, for FIVE
years ago knew no more about IL than
Ssnscrit Since that time, though. /
have presented electrical law in twenty
seven States OF the Union. have seen
every kind OF electrical railway yet con
s'ructed. have visited and examined many
tel,phone exchanges. and understand their
workings fairly well. / have ridden upon
and examined electric street railways IN
seventeen States OF the Union. ! felt
fattered that they didn't cross-examine
me-
The leading speech on our side was
was made by Sir John Rigby. IT was a
marvel Of condensed simple. lucid Eng
llsh lie handled his case like a skilled !
fwOrdsman: there was no flourish, no
trope no hyperbole, but the surest rnost !
rugged and incisiye statement OF law |
and fact conceivable. l was charmed |
10 hear from time TO time not only the |
IDEAS. but the authorities or SMILES on |
which I had relied.
Sir Richard Webster made the leading |
address for the telephone company He |
was very powerful. and made the most |
tod