Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-02-08
ENGLISH JUSTICE.
Specisl Correspondence Of The Star.

LONDON. January 80. 1905
IF there is one thing more than another
on which the average Englishman
. prides himself it is his methods OF ad-
ministerng justice. His courts in his eyes
are more dignified. fairer and more expe-
ditiously conducted than any others in the
ger of scorn at America where the judges
are elected and juries sometimes acquit
men who have committed crimes which
are justified by public opinion.
With a view to finding out whether this
boast is founded on fact or not I recently
attended a great criminal trial at the Old
Bailey. which is London's chief criminal
court. I was careful to select an impor-
tant case, in which leading counsel were
engaged on both sides. so that I could
fairly compare English juo cial and legal
methods with those in vogue i'm tho courts
Of New York Boston and Chicago. at
which I have attended many trials both
great and small. The prisoner was ac-
cused Of murder and was prosecuted by
Sir Charles Mathews. the leader OF the
criminal bar. who was knighted by the
king last year at the opening OF the mag
nificent new temple of justice in which
London's criminals are tried. Opposed TO
him was Marshall Hall. X. c.. vino is
advocate
The conditions. therefore. were ideal for
observing English criminal law at its
best. and I can say without hesitation
that II red-robed judge in a full-bot-
toned wig, lawyers in wigs and gowns
and a row of sleepy cid gentlemen in pur-
pie and ermine nodding on the bench be-
side the judge constitute dignity. then
there is dignity enough and TO spare al
the Old Bailey. II n Judge who acts as a
CT f..~
in plenty. Expedition there certainly is,
but the impression 7 came away with was
that il ever had 10 be tried for my life
/ should prefer to undergo the ordeal be-
fore an American judge and jury than
before an English one.
A few preliminary words about the Sc
lection Of judges may not be amiss. In
America. of course We elect our judges
and while we occasionally get men whose
political activity is all that there is to
recommend them. We are remarkably sue
cessful in getting sound lawyers and men
who are filled with a real desire to do
justice. In England the judges are ap-
pointed. nominally by the king. but really
by the prime minister i'm Office for the
time being. and, being appointed for life.
they are quite independent of public opin-
and foibles on the bench. Although they
are supposed to be selected for their learn
ing in the law and other judicial qualities.
it is surprising how often one hears that
Mr.. Justice SO-and s." sat in parliament
for such and such constituency before
his elevation to the bench and was a very
useful man to his party.
The judge who tried the case which /
am about to describe was Justice Gran
than. Persistent inquiries about his
qualifications for his high office elected
from all to whom they were addressed
the same reply-that he was a conservai
tive NJ. P, and was appointed by con-
sentative prime minister for his party
services. That these services were con-
tinued after his elevation to the uench
was limited at, and l was told that after
the recent general election Mr.. Justice
Grantham delivered conflicting judgments
in two contested election petitions. in
which the circumstances were almost ex-
actly similar. One of these decisions
Sc ated conservative member, the other
unseated a liberal.
"a
It must be borne in mind. too. that in
criminal matters at least there has been
until January 1 last no court of appeal
and even now the scope of the criminal
appeal court is very limited. What the
Judge says is final and he is not beset
by the fear of a reversal by the higher
court.
To begin with the selection of jury.
In America some care is exercised in the
selection of twelve fairly Intelligent men.
At the Old Bailey the clerk called the
first twelve names on the panel and the
men filed into the box. One was decrepu
and was excused on the ground of hui
manity, and the next man on the list
took his place. No questions were asked
of the jurymen. They were sworn i'm and
that ended it.
A London newspaper had the temerity
to remark the next day that the 5urymen
were a very ordinary-looking lot and
that they seemed to be rather worried
about what was going on in their shops.
The judge swelled with Indignation when
he came on the bench that morning and
he devoted half an hour to lecturing the
offending newspaper and the press i'm gen.
eral. He said that the editor might think
himself lucky that he was not committed
for contempt of court. And he was. The
sleepy old gentlemen in red, who are
dermen of the city of London. positively
woke up and nodded in solemn acqui-
escense in this defense of the dignity of
the law.
1t was when the trial began that the
difference between English and American
criminal administration was most appar-
ent. English law is supposed to be prac-
tically the same as that of most of the