Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1909-11-17
ON ENGLISH COURTS.
Chief-Justice Emery Addresses u. OF
Nj. Law Sfudents

Chief-Justice Emery Addresses u. of
NJ. Law students.
Chief-Justice L. A. Emery, Of the SUI
preme court of Maine, delivered two
lectures before the students OF the Univer-
sity of Maine school OF law on his observa-
tions OF English and Irish courts, Monday
| and Tuesday of this week. Nearly
| every student in the school as we'll as
| number OF the local attorneys, gathered
in the assembly hall at the school to listen
to the addresses by the chief Justice.
His lectures dealt with the adjustment
OF all the old English courts, which was
done against the protest of the majority
OF attorneys in England, and replacing
them with one court. He said In part
"Under the judicature act OF 1875, the
several courts we're consolidated into one
supreme court, consisting Of two parts OF
divisions called respectively the high
court OF justice and the court OF appeals.
The high court has original Jurisdiction
in all causes of action. The court of
appeals has appellate jurisdiction. Judges
have the same power in both courts,
going from one to the other.
1.-THE great benefi. OF the English system
is the speediness with which justice is
given. A case is usually decided within
one month after starting in the high
court, and the court of appeals renders its
decision within six months, so the case is
usually disposed of within six months.
"The appellate department itself rem
ders the judgment it believes the high
court should have rendered-it doesn't
send the case back, so to speak, to be tried
all over again. Under our system. all the
law court can do is to order new trial;
and in this way the plaintiff, learning
from the courts ruling the weak spots in |
his case, can at this second trial entirely |
reverse his testimony, as has been done |
time and again. Does not such system |
place direct premium on perjury
s'In Bringing case before the English |
courts one never has to decide what form |
Of action should be brought, as there is |
only one form to bring, and that is, to |
simply state the case. The plaintiff states |
his case, and the defendant states his, and |
The court renders its judgments on the !
merits of the case.
Al thC LbkisA NouIt I'LL kctuulc3l
pleas that serve to throw a case out OF |
court in this country are abolished, and |
If man takes his case into court there it |
remains until it is decided. There can be 1
no faulty allegations, no demurrers or any.
thing Of that sort, to turn a case out OF the |
English court and cause it to be started |
anew. The facts are heard and the case is |
lad IN Sta apst kx-t he
In closing Justice Emery said: 81 want /
to make few general observations on the |
courts Of England as saw them. In the |
tirst place / was much impressed with the |
with which cases were begun
and the celebrity with which they were
carried to completion, both in England
and Ireland. The judges are unquestion-
ably very able men. They are the pick |
and cream Of the bar, and have great
power. They are not only umpires in q
game, but they are the whole thing. Their
word is law.
''The barristers are strong, able, we'll
trained men. They are very deferential
to the court, and are cordial and polite to
one another, INDUCING not at all in filings
or sights and imputations of any kind.
Another noticeable thing is the universal
and uniform politeness to witnesses. There
are no overawing tactics; and in no case
did hear any such remark on the part OF
a barrister as that often heard here: That /
isn't the question, sir; answer my
question: fairly snarled at the witness.
"The cross-examinations are brief and
to the point, and l never heard of
witness being asked to repeat q story,
for effect. And might add that this is a
very, very common failing over here.
1.-THE arguments to the court are brief
and few cases are cited in the briefs. In
the briefs here many, many cases are
cited that have nothing TO do with the
case in point. In their practice the !
English barristers cite as few cases as |
possible"