The Irish standard., 1908-02-08

II there is one thing more than an
other on which the average English
man prides himself it is his methods
of administering justice, says a London
Democrat under date of January Is.
His courts. i'll his eyes, are more
digniied, fairer and more expeditions
ly conducted than any others in the
world, and he is fond Of pointing the
finger Of scorn at America, where the
judges are elected and juries sonle-
times 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.
recently attended great criminal tri-
nj at the Old Bailey, which is London's
chief Criminal Court. / was careful
to select an important case, Ill which
leading counsel were engaged on both
sides, SO that I could fairly compare
English judicial and legal methods
with those in vogue in the courts of
New York, Boston and Chicago, at
which have attended. many trials.
both great. and small. The prisoner
was accused of murder, and was prose-
cuted by Sir Charles Mathews, the
leader of the criminal bar, who was
knighted by the king last year at the.
opening Of the magnificent new Temple
of Justice in which London's criminals.
are tried. Opposed to him was Mar
shall Hall, K. c., who is second only
to Sir Charles in fame as an advocate.
The conditions, therefore, were ideal
for observing English criminal law at
it's best. and l can say without hesita-
tion that If a red-robed. judge in a full
bottomed wig, lawyers in. wigs and
gowns and a row Of sleepy old gentle
men in purple and ermine, nodding, on
the bench beside the judge, constitute
dignity then there is dignity. enough
and to spare at the Old Bailey. ia judge
who acts as a prosecutor. is fair, then
there is fairness in plenty. Expedition
there certainly is, but the impression
came away with was that If ever had
to be tried for my life / should prefer
to undergo the ordeal before an Amer
ican judge and jury rather than before
an English one. ...
A few preliminary words about the
selection 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 re-
markably successful in getting sound
lawyers and men who are filled with a
real desire to do. justice. In England
the judges are appointed. nominally by
the king, but really by the prime min
lister in office for the time being, and,
being appointed for life, they are quite
independent of public opinion, and. free
to indulge all their whilns and foibies
on the bench. Although they are sup
posed to be selected for their learn
ing in the law and other judicial quail
tiles, it is surprising how often one
hears that Mr.. Justice So-and-So sat
in Parliament for such and such con-
stituency before his elevation to the
bench, and was very useful man to
his party. ..:.. ~. 49,.
The Judge who tried the case which
] am about to-. describe was Justice
Grantham. Persistent inquiries about
his qualifications for his high office
ELECTED from all to whom they were
addressed the same reply-that he was
a Conservative NJ. F.. and was ap.
pointed by the Conservative prime min
lister for his party services. That these
services were continued after his eleva:
tion to the BENCH was hinted at and
was told that after the recent general
election Mr.. Justice Grantham delivered
conflicting judgments in two contested
petitions. in which the circumstances