The circuit and oyer and terminer for Duke’s presented nothing novel in
its bench, its bar, its jurors, and we might add its witnesses. The
first was a cool-headed, dispassionate man, with a very respectable
amount of legal learning and experience, and a perfectly fair character.
No one suspected him of acting wrong from evil motives; and when he did
err, it was ordinarily from the pressure of business; though,
occasionally, he was mistaken, because the books could not foresee every
possible phase of a case. The bar was composed of plain, hard-working
men, materially above the level of Timms, except in connection with
mother-wit; better educated, better mannered, and, as a whole, of
materially higher origin; though, as a body, neither profoundly learned
nor of very refined deportment. Nevertheless, these persons had a very
fair portion of all the better qualities of the northern professional
men. They were shrewd, quick in the application of their acquired
knowledge, ready in their natural resources, and had that general
aptitude for affairs that probably is the fruit of a practice that
includes all the different branches of the profession. Here and there
was a usurer and extortioner among them; a fellow who disgraced his
calling by running up unnecessary bills of cost, by evading the penal
statutes passed to prevent abuses of this nature, and by cunning
attempts to obtain more for the use of his money than the law
sanctioned. But such was not the general character of the Duke’s county
bar, which was rather to be censured for winking at irregular
proceedings out of doors, for brow-beating witnesses, and for regarding
the end so intensely as not always to be particular in reference to the
means, than for such gross and positively illegal and oppressive
measures as those just mentioned. As for the jurors, they were just what
that ancient institution might be supposed to be, in a country where so
many of the body of the people are liable to be summoned. An unusually
large proportion of these men, when all the circumstances are
considered, were perhaps as fit to be thus employed as could be obtained
from the body of the community of any country on earth; but a very
serious number were altogether unsuited to perform the delicate duties
of their station. Fortunately, the ignorant are very apt to be
influenced by the more intelligent, in cases of this nature; and by this
exercise of a very natural power, less injustice is committed than might
otherwise occur. Here, however, is the opening for the “horse-shedding”
and “pillowing,” of which Timms has spoken, and of which so much use is
made around every country court-house in the state. This is the crying
evil of the times; and, taken in connection with the enormous abuse
which is rendering a competition in news a regular, money-getting
occupation, one that threatens to set at defiance all laws, principles
and facts.
Public-domain text, read in full here on John Shaqi.
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