Courts -- United States; Trial practice -- United States
The grave and reverend judge looks over his desk and calls the case of
Bowring _vs._ Bowring. "Ready for the plaintiff," answers a
rosy-cheeked boy. "Ready for the defendant," answers another. They
look rather young to be trying a case. It is marked ready and the
office-boys sit about the court and telephone to the lawyers when they
think there is a chance of being nearly reached. This often takes
several days. In the meanwhile the cases ahead of the Bowring case
have been dragging out their slow and weary performance on the court
stage. Matters of fact that should have taken five minutes to bring
out by the present usual laborious system of proof, have taken two
hours. Argument of counsel on abstruse questions of law have worn and
confused the jury and the clients, who have become exhausted and
impatient.
The clients and witnesses may have been sitting, trying to understand
and becoming more and more mystified.
The dealings of open-handed Justice ought to be plain, prompt, and
understandable; instead to the spectator she seems a mysterious jade
with no understanding of everyday life. She keeps them waiting there
without reason. If the case is marked ready it ought to be ready. The
business man feels that Justice is extremely tardy in keeping her
appointments.
His natural reverence for abstract Justice prevents him formulating
these thoughts, but he continues to wonder. Not understanding the
cause he becomes dissatisfied and his experience in court leaves a
profound contempt for the system of jurisprudence. He thinks that if
any man conducted his own business on the method and plans on which
the courts are being run he would soon be bankrupt.
"Why," he says, "does not the court get in an efficiency expert on
this calendar evil and have it arranged on a business basis?"
During the days the case has been on the calendar the lawyer has had
to hold himself in readiness to try the case. The managing clerk has
been sending out for his witnesses. They have been served with
subpoenas and paid their fees to come to court on the day the case
was first marked ready. They arrive and are told to come again the
next day. They also have a respect for the court and are glad to come
to do their duty and tell the truth. The truth is mighty and will
prevail; but in court she can only speak through witnesses. Unless the
witness be treated with consideration it would seem that she will not
speak very willingly.
In place of having them return and return again, some system soon will
be devised of giving them timely notice when the case is to be
reached. Exhausting the patience of the men who are the props and
mainstays of truth does not seem reasonable, and after a few visits to
court they are not anxious to come again. If possible they will escape
the process server.
Public-domain text, read in full here on John Shaqi.
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