Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Nor do I think among Englishmen anyone resents such bias as your judges
display in their everyday life. Mr. Justice Grantham, like "A. L.," was
undoubtedly a man of strong conservative bias and showed it openly enough
upon the bench, but he was adored on a working-class circuit, and no man
was better beloved by all who practised or appeared before him, and no
judge strove more earnestly to do justice. The fact is, bias is recognised
among Englishmen as one of the sporting attributes of man and is as
necessary to the instruments with which we play the game of life as to the
"woods" in our old-world game upon the green.
If there is any bias on the bench that is popularly and justly disliked it
is a bias towards formalism and technicalities. Our law of old got a bad
name for that, and in quiet places our reputation still sticks to us.
There are still men and women in the English country-side who think there
is some sort of disgrace attached to a law court. In the quiet County
Courts of Kent and Sussex a defendant often complains in an aggrieved tone
at being brought to a "place of this kind." It argues to his mind a want
of delicacy in the plaintiff, and he states his case without the least
hope that it will be decided on the merits. I remember an amusing
expression of this feeling. A defendant, a cheery, round, pippin-faced
jobmaster with a treble voice was sued by a farmer for keep of his horses
in the farmers' field for several week-ends.
"Well, I'll tell you about it," he piped diffidently in answer to my
request for information, "for I might as well now I'm here. It was this
way. I met Sandy in Crown Lane. I always call him Sandy--you must excuse
me if I'm wrong, I've never been in a place like this before--and Sandy
says to me, 'Jim, why don't you bring your 'orses down to my field for
Sunday like you used to do last year?' Well, I brought my 'orses down on
Sunday and I did that for some two or three months and then I took them
away, and I meets Sandy and he says, 'Jim, why have you taken your 'orses
away?' and I says, 'Because there ain't no food on your field for my
'orses.' He says to me, 'There's more food on my field than your 'orses is
used to.' I says, 'Sandy, you know there's no feed in your field for my
'orses.' He says to me, 'If there ain't no feed in my field for your
'orses there's plenty of recreation for them.' 'Recreation?' I says; 'my
'orses don't want no recreation, they gets recreation in the bus through
the week.' With that Sandy went his way and we never exchanged another
word for three year, and now he brings me to this 'ere place for sixteen
shillings and I've never been in a place like this before."
I explained to the defendant that the County Court was really a place
intended for an affair of this nature and thoroughly equipped to see it
through, but he was not satisfied.
"What right has he to bring me here?" he complained. "I never promised to
pay him anything."
"Was there no agreement between you?" I asked.
Public-domain text, read in full here on John Shaqi.
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