Household words, No. 8, May 18, 1850 : $b A weekly journal — John Shaqi
Household words, No. 8, May 18, 1850 : $b A weekly journal
General
Household words, No. 8, May 18, 1850 : $b A weekly journal
English literature -- Periodicals
I was much struck, in some of the cases, by a friendly sort of
confidence which characterised some of the proceedings. Here again the
effect in a great measure was attributable to the Barrister. He seemed
to act,—as indeed he is—rather as an authorised arbitrator than as a
Judge. He advised rather than ordered; ‘I really think,’ he said to one
defendant, ‘I really think, Sir, you have made yourself liable.’ ‘Do
you, Sir?’ said the man, pulling out his purse without more ado, ‘then,
Sir, I am sure I will pay.’
It struck me, too, as remarkable, that though some of the cases were
hotly contested, none of the defeated parties complained of the
decision. In several instances, the parties even appeared to acquiesce
in the propriety of the verdict.
A Scotch shoeing-smith summoned a man who, from his appearance, I judged
to be a hard, keen-dealing Yorkshire horse-jobber; he claimed a sum of
money for putting shoes upon six-and-thirty horses. His claim was just,
but there was an error in his particulars of demand which vitiated it.
The Barrister took some trouble to point out that in consequence of this
error, even if he gave a decision in his favour, he should be doing him
an injury. The case was a hard one, and I could not help regretting that
the poor plaintiff should be non-suited. Did _he_ complain? Neither by
word or action. Folding up his papers, he said sorrowfully, ‘Well, Sir,
I assure you I would not have come here, if it had not been a just
claim.’ The Barrister evidently believed him, for he advised a
compromise, and adjourned the case that the parties might try to come to
terms. But the defendant would not arrange, and the plaintiff was driven
to elect a non-suit.
The mode of dealing with documentary evidence afforded me considerable
satisfaction. Private letters—such as the tender effusions of faithless
love—are not, as in the higher Courts, thrust, one after the other, into
the dirty face of a grubby-looking witness who was called to prove the
handwriting, sent the round of the twelve jurymen in the box, and
finally passed to the reporters that they might copy certain flowery
sentences and a few stanzas from ‘Childe Harold,’ which the shorthand
writers ‘could not catch,’ but are handed up seriatim to the Judge, who
looks through them carefully and then passes them over without
observation for the re-perusal of the defendant. Not a word transpires,
except such extracts as require comment.
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