The record-union., 1893-10-14
WHERE FEES ARE HIGH.
Lawing is Decidedly Costly in
England.
Justice is Reasonably Even-Handed,
but Indulgence In Litigation is an
Expensive Luxurv-Some Features
of the Courts-Dealing With Rail-

Oh the COurIS-Oeallus Win 4@Ali-
roads.
There is perhaps no country in the
world where litigation is more expen-
sive than in Great Britain, says the Lon
don correspondent of the New York
Press. It is scarcely true that England
has one law for the rich and another for
the poor. Her laws are for all classes
euually-providing they can stford 1t.
Rascals with big bank account are not
spared on the ground of either their
wealth or titled connections. The Brit
ish courts are great on Furnishing the
guilty. Where they fail short is in vim
dicating the rights of the innocent; especi-
ally so when wronged innocence labors
under the disadvantage of not having
much money to squander. This is not
the fault of the law itself, but Of the COM
plicated 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 So,
and even at the very beginning, when
you may only want to find out II you
have valid claim, he is almost sure to
wish to consult a barrister Really, an
ordinary lawyer over here doesn't
amount TO much. He can only plead in
courts Of the.very lowest jurisdiction; at
every other tribunal you need barrls-
ter, and these two functionaries 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
costly counselors almost as much as the
fellows on the other side. Besides, one
soon finds out that both solicitor and
barrster have satellites in their train
called clerks, and at every turn he IS
charged fee for something or other these
gentlemen are supposed to have done for
him. 1t is the same with law clerks as
with house servants over here. Your
first suppOsitiOn is that their wages Will
be paid, as a matter of course, by the
parties who employ them. But you find
out hnally-in fact, very sOon-if you
come in contact with them, that they
draw their support in fees and perqulsites
from poor untortunates like yourself.
"a DEPRESSING INSTITUTION"
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 advocates. who really themselves
seem to be almost afraid to open their
mouths lest, like Mrs. Partington, they
should put their feet into them-all these
things, and many other contributing adj
iuncts, make a big trial in an English
court seem to the lOoker-on much as the
day of judgment used to picture itself to
me ere yet the new theology had come
into vogue.
Still the people insist on 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 some
thing for the student OF human nature 10
puzzle over. AT that dreadful and dread
fully nasty Cream trial ladies were in
conspicuous abundance, and at one
session a real lady (of course she was sat
by the side of the Judge, and was cor
daily greeted by him upon her arrival.
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 case ought to make any
pure woman blush, one would think.
But women seem to be changing-at
least some of them do, and over here
those of the sex whose virtue is supposed
TO be above suspicion seem to think moth
ing at all Of appearing as Interested spec
tators at the most disgusting trials. Or,
rather, should say, they seem to think
everything OF such opportunities, and
viii endure anything rather than miss
them. Ladies will please retire." said
one Judge, but not lady moved. Then
he said, Ladies of decency viii retire.
when, of course, there was a grand, no
doubt a deeply regretted, clearing out of
these perpleXing specimens of the fairs
sex.
THE POWER OF 4 BRITISH COURT.
The awe-inspiring influence of the
British court Of justice is felt outside,
and nowhere more effectually than in
newspaper offices. Hardly line of COM
ment appears while a case is IN progress.
The Judge and jury must be left to 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 under the contempt
OF her maiesty's Judges. The English
press is deferential at first to even the
vilest offenders. The red-handed muir
derer, whose guilt no one can doubt, is
always spoken Of, until convicted, as the
alleged" murderer. In our country the
newspapers frequently do not scruple to
try the case and pronounce a verdict be-
fore the accused has even been arrested.
But here. in both capital and lesser
crimes, the 1acIS are given only as they
are testified to in court, and it is often the
case that the police have piles on piles of
facts bearing on a criminals record,
which, as they are of no use IN his trial
for a particular otfense, are never given
to the press at all, or, if at all, only after
he has been found guilty and sentenced.
Here. again, the case of Cream comes in.
The most damning facts in his American
and Canadian career were not given to
the public until the day after his trial
closed. The police department had them,
but the press could 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 a tremendous
censorship over the newspapers of Great
Britain.
Trial by jury seems to be known over
here only in name. 1t is the Judge who
tries the case and it is really his verdict
which is rendered. The jury may con-
scientiously concur, but they know be-
fore they retire what is expected, and
they know also that woe will betide them
at least to the extent of q round judi
cial scolding-if the Judges wishes are
set at naught. There can be no doubt,
that English Judges are a terror to evil
doors, but whether they are the defense
they ought to be to those not really guilty
OF evil doing is another question. The
Judge in summing up is sure to