The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-06-17

But Indulgence in Litigation is an
Expensive Luxury-some Features
of the Courts Dealing with Rail-
roads.
London Letter in New York Press.
There is perhaps no country in the
world where litigation is more expensive
than in Great Britain. It is scarcely true
that England has one law for the rich and
another for the poor. Her laws are for
all classes. equally-providing they can
afford it. Rascals with a big bank ac-
count 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
labors under the disadvantage of not hav-
ing 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 imped-
iment. An English solicitor will hardly
listen to you for less than l guinea (S5),
and even at the very beginning, when
y
valid case, heis almost sure to wish to
consult 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 barrister, 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 fell
lows on the other side. Besides, one soon
finds out that both solicitor and barrister
have satellites in their train called clerks,
and that at every turn he is charged fee
for something or other these gentlemen
are supposed tohave done for him. 1t is
the same with law clerks as with house
servants over here. Your first supposi-
ton is that their wages will be paid, as
matter of course, by the parties who en-
ploy them. But you find out inally-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.
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 ad-
vocates, who really themselves seem to be
almost afraid to open their mouths lest,
like Mrs. Darlington, they should put
their feet into them-all these things, and
many other contributing adiuncts, make
big trial in an English court seem to the
looker-on very much as the day of 1udg
ment 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 something
for the student of human nature to puzzle
over. At that dreadful and dreadfully
nasty Cream trial, ladies were in conspic-
uous abundance, and at one session real
lady (of course she was) sat by the side
of the Judge, and was cordially 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 nothing at all of appearing as in
terested spectators at the most disgusting
trials. Or, rather, I should say, they
seem to think everything of such oppor-
tunities, and will endure anything rather
than miss them. 'Ladies will please re-
tire said one Judge; but not lady
moved Then he said, Ladies' of de-
cehcy will retire" when, of course, there
was a grand, mo doubt deeply regretted,
clearing out of these perplexing speci-
mems of the fair sex.
THE POWER OF 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 case is in progress.
The Judge and Jury must be left to try
the issue without any help from able edi-
tors or from inventive reporters. This,
partly as a matter of taste, and partly
from fear of falling under the contempt
of her majestW'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
v
fore the accused has even been arrested.
But here, in both capital and lesser
crimes, the facts 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 criminals
record, which, as they are of no use in
his trial for a particular offense, 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 depart
ment 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
tremendous censorship over the news
papers of Great Beitain.
Trial by jury seems to be known over
here only in name. IL is the judge who
tries the cases and it is really his verdict
which is rendered. The jury may con-
scientiously concur, but they know before
they retire what is expected, and they
know also that woe will betide them-at
least to the extent of a round judicial
scolding-if the judges wishes are set at
naught, There can be no doubt that En-
glish Judges are terror to evildoers, but
whether they are the defense they ought
to be tocthose not really guilty of evil
dOinr ie anOthar s0Ilasfion The ir1d0a