A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
The judgment was immediately affirmed, the Lord Chancellor
delivering an opinion to the effect that the control of the language
used was a matter of discretion for the court below and could not be
examined by the appellate court. Both of the associate Lord Justices
concurred, but one proceeded to give quite different reasons. With
the preliminary words: "Speaking only for myself, but not for his
Lordship," and with a slight inclination of his head towards the
Lord Chancellor, he said he was for affirming for an entirely
different reason--not because he could not examine the language used
below, but rather that he had done so. He then proceeded to rehearse
the brutal conduct of the defendant, and wound up by declaring, "If
it had been my sick wife and my furniture which had been set out in
the rain under the circumstances described, I do not think the
English vocabulary contains the language I should wish my counsel to
use in addressing the jury." This was received, as is not uncommon
in England, but unheard of in America, with frequent laughter and
even subdued applause, and the "London _Times_" in its regular legal
column the next day, reported the opinions and indicated the
"laughter" and "loud laughter" in brackets. The opinions in the
books, after being toned down by the reporter, often bear but faint
resemblance to the actual utterances.
In the House of Lords appeals are equally informal and colloquial,
an impression that is heightened by the absence of wigs and gowns,
so far as the bench is concerned, and by the very casual manner in
which the half dozen gentlemen composing the court are seated. The
house itself is a large, oblong chamber with steep tiers of seats,
upholstered in red leather, which rise high up the side walls and
upon which the peers sit when legislating, but which are, of course,
empty when the court only sit. At the far end is an unoccupied
throne, while, at the near end, raised above the floor, is a kind of
box from which counsel address the court. It is much like the rear
platform of one of our street cars. Counsel, of course, are in wig
and gown, and if K. C.'s, in full bottomed wigs, but one may
occasionally see a litigant actually arguing his own case _in
propria persona_. On either side of the counsel's box is a very
narrow standing place for reporters and the public.
Public-domain text, read in full here on John Shaqi.
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