The Bay State Monthly — Volume 2, No. 3, December, 1884Various
History
The Bay State Monthly — Volume 2, No. 3, December, 1884
Various
Massachusetts -- Periodicals; New England -- Periodicals
Whether a particular occurrence took place or not, is a question which,
whether it be tried by a judge or by a jury, must be decided upon
evidence; which consists, in part, of circumstances, and, in part, of
acts, but in part also, and very largely, of the sworn statements of
individuals. While falsehood and corruption prevail among all classes of
the community so extensively as they now do, it is useless to claim that
decisions based upon human testimony are always or generally correct.
Perjury is as rife as ever, and works as much wrong as ever. To a
conscientious judge, like Judge Pitman, "the investigation of a mass of
tangled facts and conflicting testimony" cannot but be wearisome, as he
says it is; and, in many cases, the sense of responsibility "cannot but
be oppressive;" but he has so often repeated a _dictum_ of Lord
Redesdale that he must be presumed to have found solace in it--"it is
more important that an end be put to litigation, than that justice
should be done in every case." There is truth in that _dictum_; but,
like other truths, it has often been abused, especially by incompetent
or lazy or drowsy judges. More unfortunate suitors have suffered as
martyrs to that truth than the judges who jauntily "cast" them would
admit.
Judges may do their best; juries may do their best; they will often fall
into error; and instead of glorifying themselves or the system of which
they are a part, it would be more modest in them to say, "We are
unprofitable servants." Not many judges have been great enough to say,
"I know I sometimes err," but some have said it. The lamented Judge Colt
said it publicly more than once, and the admission raised, rather than
lowered, him in the general esteem. When he died the voice of the bar
and of the people said, "Other judges have been revered, but we loved
Judge Colt."
Massachusetts gives her litigants the choice of a forum. All trials in
civil causes are by the courts alone, unless one party or the other
claims a jury. If the reader has a case of much complexity, either with
respect to the facts, or with respect to the law, perhaps he would like
to have our opinion as to which is the better forum. The answer is the
same that was given by one who lived at the parting of the ways, to a
weary traveller who inquired which fork of the road he should take:
"Both are full of snags, quagmires and pitfalls. No matter which you
take, before you reach the end of your journey you will wish you had
taken the other." In the trial by jury, and in the trial by the court,
just as in the trial by ordeal, and in the trial by battle in the days
of old, the element of chance is of the first magnitude.
PUBLISHERS' DEPARTMENT.
SENEFELDER, THE INVENTOR OF LITHOGRAPHY AND CHROMO-LITHOGRAPHY.--HIS ART
IN BOSTON DEVELOPED BY L. PRANG & CO.--COLOR-PRINTING ON SATIN, ETC.
Public-domain text, read in full here on John Shaqi.
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