St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1914-03-11

lives acquired eminence for them.
selves in the legal profession and
elsewhere; but the general average
was far below what it is to-day. Only
| a few of the bar at that earlier date
were college bred men, and those
who were such, to a certain extent
were subject to the customs of that
time, which largely grew out of JUS
tice trials, which were more frequent
and of a more rugged character than
they are now.
In those days, to the people from
the country around who attended JUS
tice and county courts, the attractive
feature of the trial was the conflict
that sometimes ragged between coun-
sci, and in justice courts the con-
flicts occasionly became so heated
that personal violence was resorted
to, and at one time an attorney now
living and practieing law, by forcibly
seating his adversary, became known
as the author of demonstrative de-
murrer.
At that time candidates for adj
mission to the bar were examined by
a committee of three members of the
county bar where the application
was made, and judging such examina-
tions by the one made in my case,
I should say they we're simply a
farce, in no way designed to deter
mine the fitness and qualification of
the candidate. Such a superficial
examination permitted unsuitable
persons to become members of the
bar, who have cast reproach upon an
ancient and honorable profession
Old Time Practices.
The procedure adopted by the
rules of a court partakes mole or
less of the characteristics of the bar
adopting it, and hence it is, THAT
back at that time, some attoT neys
examined witnesses, made objections
to the court and stated the grounds
of those objections seated in their
chairs with feet elevated upon the
table in front of them.
The address of counsel to the jury
was often an appeal to their pre-
JUDGES and sympathies, and the
statement with such purpose in
view, quite frequently rested upon
no foundation supported by the evil
dence. Each court has it's own rules
of practice and procedure and no
county, l think, had the same. So
far as practice and procedure were
concerned, Vermont was in very lit
tie better condition than France at
the time Napoleon caused to be
written his famous "Code Napoleon"
the greatest achievement of his
meteoric reign.
Among the rules in nearly all, If
not all the counties of the State was
one which provided, that ali cases,
with few exceptions, should be con-
tinued the first term after they were
entered in court. This rule was pro-
upon the theory that no
defendant should be dragged into
court" without ample opportunity
20 prepare his defense.
ContinuanceS were easily obtain
able and many cases dragged along
in court for years, and despairing
suitors sometimes sacrificed well
grounded causes to get out of court.
The rustic and rugged character
of some of the bar made it necessary
md possible for the court to adopt
some of the methods of the old
of those days, and be- |
cause that course is not followed by |
the court at this time, some critics |
'oint to that fact as evidence of a |
defect in our present procedure; but |
those methods of the old school-mas- |
ter have been laid aside and with
hem similar methods in the practice |
Of the courts, in the march of indie |
pendent manhood and womanhood to I
a higher plane of self-respect and |
equality, where the courtesy due to
a gentleman must be respected /
upon the bench or at the /
bar.
A Comparison.
The change in the bar and its /
practice and procedure within the /
asst forty years can only be under
stood by comparing the present with |
that of forty years ago. To-day the |
bar is largely made up of college |
bred and well educated men whose !
ield of information extends beyond |
he bare subject of the law, and !
into the activities and neces- !
sites of every day life, and the rustic |
and discourteous conduct in |
court during trials, have passed !
away and been succeeded by that dig
nified and courteous demeanor that |
everywhere marks the cultured |
leaving only here and |.
there an ancient landmark of what h
used to be as a dying echo of a con-
dition now passed and gone.
Our rules of procedure and prac-
ice to-day require the attorney to n
examine witnesses, make objections, II
tate the grounds of his objections,
make his offers and address the
court standing within the bar, un-
ess for physical disabilities he is
excused by the court, and banter and
ak between attorneys during a trial