Once a day, also, as part of his job in his profession, Keith went to
the courthouse. There he sat in the enclosure reserved for lawyers and
listened to the proceedings, his legal mind alert and interested in the
technical battles. At no time in the world's history has sheer
technicality unleavened by common sense been carried further than in
the early California courts. Even in the most law-ridden times
elsewhere a certain check has been exercised by public opinion or the
presence of business interests. But here was as yet no public opinion;
and business interests, their energies fully taxed by the necessities
of a new country, were willing to pay heavily to be let alone.
Consequently, lawyers were permitted to play out their fascinating game
to their hearts' content, and totally without reference to expedience
or to the justice of the case. The battles were indeed intensely
technical and shadowy. Points within points were fought bitterly. Often
for days the real case at issue was forgotten.
Only one of the more obvious instances of technical triumph need be
cited. One man killed another, on a public street, before many
witnesses. The indictment was, however, thrown out and he released
because it stated only that the victim was killed by a pistol, and
failed to specify that his death was due to the discharge of said
pistol. The lawyer who evolved this brilliant idea was greatly admired
and warmly congratulated.
The wheels of the law ground very slowly. One of the simplest and most
effective expedients of defence was delay. A case could be postponed
and remanded, often until the witnesses were scattered or influenced.
But there were infinite numbers of legal expedients, all most
interesting to a man of Keith's profession. His sense of justice was
naturally strong and warm, and an appeal to it outside a courtroom or a
law office always got an immediate and commonsense response. But inside
the law his mind automatically closed, and a "case" could have only
legal aspects. Which is true of the majority of lawyers to-day.
On the adjournment of court Keith generally drifted over to the El
Dorado or the Empire, where he spent an hour or so loafing with some of
his numerous acquaintances. He was of the temperament that makes itself
quickly popular, the laughing, hearty sort, full of badinage, and
genuinely liking most men with whom he came in contact. There was
always much joking in the air, but back of it was a certain reserve, a
certain wariness, for every second man was a professed "fire-eater,"
given to feeling insulted on the slightest grounds, and flying to the
duel or the street fight instanter.
Public-domain text, read in full here on John Shaqi.
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