Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.Swazey, John B.
Philosophy
Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.
Swazey, John B.
England -- Social life and customs
At length, the twelve men being confined, so that _they_ cannot escape,
in a sort of box; the Judge and the Lawyers being in their places,
attired in the absurd wigs and black gowns [phe-ty-kos] (somebody once
whispered in my ear, black-guards) [kon-di-to-ri]; the accused is
ordered to stand up. The charge of murder is read;--confused by so much
barbarous jargon, that no one but the Judge and the Lawyers understand
it--in fact, oftentimes do not understand it--and the criminal often
escapes trial because the _proper_ jargon has not been used. This
_mixed tongue_ is the only one allowed in these trials, and must be
taken from the fountain of Wisdom (as the Law book is called containing
it). The speech is uncertain, only known to the Lawyers; and a mistake
spoils the whole charge. Well, after more or less wrangling among the
Lawyers, the charge finally stands. I must explain; there are _two
sides_ of Lawyers--one (hired to do so), by _every means_ in its power
tries to get the accused discharged, and is helped to do this by all
the machinery of the trial--the other merely watches the proceedings,
and sees that they are not too absolutely controlled by the other
side. The latter, also, open and state the matter, and conduct it;
but neither side works simply to obtain the truth. On the side of
the accused, if guilty, the truth is _not_ wanted; and, on the other
side, there is no interest in the matter which greatly moves. But the
interest for the accused may be not merely to gratify, in some cases,
powerful relatives, but to obtain as large _a sum_ of money as the
Lawyers can get--which, where life is at stake, may be all the accused
has now, or may, if discharged, acquire. In fact, in cases of robbery,
the Lawyers for the accused may have received their compensation from
the very plunder!
The accused says to the charge either _Guilty_ or _Not Guilty_! This
is a mere form. Then the names of the twelve men are called over,
to see that none have got away--for it is a hateful and disgusting
business often, wherein they _instinctively_ feel they really have no
function--and yet enforced upon them, often to their actual great loss
and suffering.
How the scene fairly opens. The twelve little judges in their box;
the big one sitting aloft, with pig-tail-ear-flapper wig; the Lawyers
in pig-tail wigs and gowns; the officers of the Court; the witnesses,
cowering and afraid; the accused in his high, strong cage (or box); and
the spectators, friends, relatives, associates of the witnesses and of
the accused--women and men--crowding in the dark corners of the Hall of
trial.
Public-domain text, read in full here on John Shaqi.
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