The sun., 1897-03-14
IL.

hnOtucr CnhruCterl5llC Icdtuf6 OF tnOSc DAYS
was this. that upon trial Of cases and on argu-
monts before courts, there was no appreciation
OF the value Of time. Neither courts nor lawyers
were hurried. 1t seems to have been considered
that there was ample time for attending to all
business. Any lawyer could be as dull and slow
and tedious as ho pleased, and consume tho
time OF the court without romonstranco. On
the trial OF cases OF even moderate Importance
one counsel on each side would be permitted to
make q protracted opening. and, at tho close OF
the evidence. two counsel on each side would
address the jury at great length. No one was
limited In respect OF time. Tho closing ad-
dresses to tho Jury would occupy two. three.
and four days, where now only ono
hour each side would be allowed.
Trials that now would consume not more
than day or half day. would then occupy a
week or more The Judge who presided at the
trial and counsel on each side wrote out In long.
hand full notes Of tho evidence. Even the cross.
examining counsel took notes of the evidence as
he went along. The taking Of testimony was a
slow process. Amy one could require witness
to pause until he caught up with him in writing
down his evidence. Mr.. Clinton intimates that,
sometimes the object OF q cross.examnation
was defeated, as q witness had chance to
change his evidence before It was written down.
There would be frequent discussions as to what
lhc WNhcuS bhAu, iTOIu uisCurslOHs, tHo
witness would be able to perceive which version
Of his evidence would best subserve the side on
which he testified. When the discussions ended.
1t would be left to tho witness to state what he
actually said. In arguments on appeal. two
counsel on each side would speak, and not infre-
quently each one would occupy from five to ten
hours. 1t was still another popularity OF tho
New York bar fifty years ago that there were no
exclusively criminal lawyers The ablest and
most distinguished advocates in the city gladly
accepted retaincrs In criminal cases, and, In fact,
gave the preference to such business. Accord.
ing to Mr.. Clinton, the reason was that such
cases brought them prominently before the pub
lie and gave them an opportunity TO add to their
reputation. While civil causes rarely excited
much attention on the part of the public, tho
whole community seemed to be deeply interested
In criminal cases which now would excite no
general interest. Tho result was that criminal
cases wero ably tried OH both sides.
We arc told that, as late as 1850, when impor-
tant trials wero on. II was tho custom for the
city not only TO furnish lodgings and meals for
the jury, but also TO supply dinners for the mem
bers Of the court, to the counsel on both sides,
and. generally, to q few invited guests. During
the trial OF SileAand Roberts in tho year named
for obtaining money by false prctonccs. the jury
dined In a room by themselves, while the Court
and counsel were feasted by the city In Odd
Follows Hall, which was only a short dis
tanco from tho court room. 1t appears
that the Court and counsel were served with
some twelve or fifteen different courses and
with vino OF all kinds, without stint, including
bountcous supply OF champagne. Tho Judges
and lawyers enjoyed themselves so well and tho
time few SO rapidly that whom the dinner was
brought to a close 1t was o'clock. six houzs
having elapsed since tho entertainment began.
All returned to court the jury having been
there since o'clock, and the court room being
densely packed with an audience that had been
waiting for Ave hours. The trial proceeded dur
ing tho evening. The next day. at the close OF
tho forenoon session at o'clock the
Court directed the usual recess OF one
hour to DO taken for dinner. Recorder Tai.
madse gave the customary charge to the
jury, and, with more emphasis than on
the previous day, admonished them OF the i'm
portnnce OF being back promptly In court at tho
expiration Of tho hour. 80 as not to keep tho
Court waiting. The dinner at Odd Fellows Hall
was repetition OF that OF the day before. At
about o'clock those present had finished their
cigars and were ready to return 10 court and re-
sumo their trial. Tho jury and tho audience, as
on the previous day. had been waiting since