Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
“Then, to be sure, what droll fellows they are!--how they do quiz the
witness as he sits trembling on the table; what funny allusions to his
habits of life, his age, his station; turning the whole battery of
their powers of ridicule against him--ready, if he ventured to retort,
to throw themselves on the protection of the court! And truly, if a
little Latin suffice for a priest, a little wit goes very far in a
law court. A joke is a universal blessing; the judge, who, after all,
is only ‘an old lawyer,’ loves it from habit: the jury, generally
speaking, are seldom in such good company, and they laugh from
complaisance; and the Bar joins in the mirth, on that great reciprocity
principle, which enables them to bear each other’s dulness, and dine
together afterwards.
“What set me first on this train of thought was a trial I lately read,
where a cross action was sustained for damage at sea--the owners of the
brig _Durham_ against the _Aurora_, a foreign vessel, and _vice versâ_,
for the result of a collision at noon, on the 14th of October. It
appeared that both vessels had taken shelter in the Humber from stress
of weather, nearly at the same time--that the _Durham_, which preceded
the Prussian vessel, ‘clewed up her topsails, and dropped her anchor
_rather_ suddenly: and the _Aurora_ being in the rear, the vessels came
into collision.’ The question, therefore, was, whether the _Durham_
came to anchor too precipitately, and in an unseamanlike manner; or, in
other words, whether, when the ‘_Durham_ clewed up topsails and let go
her anchor, the _Aurora_ should not have luffed up, or got sternway on
her,’ etc.
“Nothing could possibly be more instructive, nor anything scarcely
more amusing, than the lucid arguments employed by the counsel on both
sides. The learned Thebans, who would have been sick in a ferry-boat,
spoke as if they had circumnavigated the globe. Stay-sails, braces,
top-gallants, clews, and capstans they hurled at each other, like
_bon bons_ at a carnival; and this naval engagement lasted from
daylight to dark. Once only, when the judge ‘made it noon,’ for a
little reflection, did they cease conflict, to renew the strife
afterwards with more deadly daring, until, at last, so confused were
the witnesses--the plaintiff, defendant, and all, that they half wished
they had gone to the bottom, before settling their differences in the
Admiralty Court.
Public-domain text, read in full here on John Shaqi.
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