A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
Objections to questions by opposing counsel, which cut so large a
figure in an American trial, are rarely made. One is told that the
barristers know the rules of evidence too well to ask improper
questions and that they have too much respect for the court to
hazard a rebuke. This is a very pretty, but hardly a satisfactory,
explanation. Observation of many trials gives the impression,
rather, that great laxity prevails as to what is a proper question
and that the party aggrieved by an objectionable one prefers to rely
upon the reaction in his favor in the judge's mind, which will be
shown when his influence comes to be exercised upon the jury.
That this laxity prevails, the least experience will show. Upon
direct examination leading questions, which in America would bring a
storm of objection, pass unnoticed, and even hearsay evidence is not
unknown. The absence of the element of surprise in trials, may make
those concerned more tolerant of counsel leading in a story known to
all beforehand. The occasional element of hearsay is more difficult
to explain unless, indeed, the French view gains in England, which
justifies the admission of hearsay on the ground that in the most
important questions of life--for example, in respect to the
reputation of a man whom one contemplates trusting, or of a woman
one thinks of marrying--men act exclusively upon hearsay and never
upon direct evidence. But, of course, the law of evidence remains in
England as it always has been: all that is here meant is that a
degree of tolerance prevails and upon careful observation, the real
cause of this tolerance will be found in the fact that both sides
rely on the influence of the judge to eliminate from the minds of
the jury the effect of evidence wrongly introduced.
In England, mistress of the seas, with much the greatest merchant
marine in the world, and with a large insular population living in
close touch with the water, one finds, as might be expected, the
best Admiralty Courts and Bar in the world.
The chart used by counsel in examining witnesses is pinned to a
sloping table, among the barrister's benches and facing the Court.
In collision cases, small models of steamers and sailing vessels, as
well as arrows to indicate winds and tides, are employed. All of
these may be veered and shifted as the trial progresses, by means of
thumb pins projecting beneath and capable of being pressed into the
table which has a cork top. The Admiralty trials are beautifully
conducted and great familiarity with the affairs of the sea is
displayed by the participants.
Models are very much used in all English Courts. In land
condemnation, nuisance injunction and accident cases, one frequently
sees elaborate models reproducing the _locus in quo_. In actions
concerning floods or other occurrences affecting considerable areas,
models many square feet in size, reproducing the whole locality,
are employed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account