The Irish standard., 1908-02-08
A Careful Examination Shows the English
mans Boast to Be Entirely Devoid
of Truth.
The One Thing Most Notable IN London
Court is the Open Display Of Bias
by the Judges.

were almost exactly similar. One Of
these decisions seated a Conservative
member, the other unseated a, Liberal.
It must be borne in mind, too, that i'll
criminal matters at least there has
been, until January i 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 intelli-
gent men. At the Old Bailey the clerk
called the first twelve names on the
panel and the men filed into the box.
One was decrepit and was excused on
the ground Of humanity, and the next
man on the list took his place. No
questions We're asked Of the jurylnen.
They were sworn in and that ended it.
A London newspaper had tho temer-
ity to remark the next day that. the
jurymen 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 news
paper and the press in general. 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
aldermen of the City of London, posi-
lively woke up and nodded in solemn
acquiescence in this defense of the dig
nifty Of the law. -
1t was when the trial began that the
difference between English and Amer
lean criminal administration was most
apparent. English law is supposed to:
be practically the same as that of most
of the American states. In fact, the
American law is based on the law of
England, and one Of the first principles
that a law student is taught III both
countries is that an examining coun-
sci must not lead his witness-that is.
he must not frame his questions SO as
is ignored at the Old Bailey. The pros
ecuting counsel was allowed to recite
the alleged circumstances of the crime
In framing his questions, and only a.
feeble protest was made by the prison.
ers lawyer which was instantly over
ruled by the judge. On one occasion,
when particularly fragrant instance
Of unfairness to the prisoner called
forth a stronger protest, the judge be-
came very angry. "That is quite enough.
Mr.: Hail. he said. Il do not want to
hear any more from you. Sit down. sir.''
II beg your pardon. my lord" re-
piled this leader at the bar. Il would
not think Of differing from your lord
ship
Similar treatment was meted out to
the prosecuting counsel when he re-
quested the judge to include certain
features in his charge to the jury. Il
do not need any advice from you. Sir
Charles" he said; when l want it I
will ask for it." Il beg your pardon, my
lord" replied the counsel for the pros
ecution. ...., ..
One feature of the English practice
initiates strongly against the prisoner.
In America, the judge, when he enters
the court, knows. no moro about the
case than the jurymen who are to hear
the. evidence for the first time, and his
only duty is to hold the scales of JUS
tice fairly between the prisoner and
the state. In England the judge has to
read all the evidence given in the po-,
lice court when the man was first
charged, and it is the custom in Eng
land to thresh such matters out in the
police court far more fully than in
America. The judge therefore, can not
help entering on the case with a certain