Under such a regime it is self-apparent that principles
and law must suffer; and so the result proves daily, if not hourly. The
institution of the jury, one of very questionable utility in its best
aspects in a country of really popular institutions, becomes nearly
intolerable, unless the courts exercise a strong and salutary influence
on the discharge of its duties. This influence, unhappily, has been
gradually lessening among us for the last half century, until it has
reached a point where nothing is more common than to find the judge
charging the law one way, and the jury determining it another. In most
cases, it is true, there is a remedy for this abuse of power, but it is
costly, and ever attended with that delay in hope “which maketh the
heart sick.” Any one, of even the dullest apprehension, must, on a
little reflection, perceive that a condition of things in which the
_ends_ of justice are defeated, or so procrastinated as to produce the
results of defeat, is one of the least desirable of all those in which
men can be placed under the social compact; to say nothing of its
corrupting and demoralizing effects on the public mind.
All this Dunscomb saw, more vividly, perhaps, than most others of the
profession, for men gradually get to be so accustomed to abuses as not
only to tolerate them, but to come to consider them as evils inseparable
from human frailty. It was certain, however, that while our worthy
counsellor so far submitted to the force of things as frequently to
close his eyes to Timms’s manœuvres, a weakness of which nearly every
one is guilty who has much to do with the management of men and things,
he was never known to do aught himself that was unworthy of his high
standing and well-merited reputation at the bar. There is nothing
unusual in this convenient compromise between direct and indirect
relations with that which is wrong.
It had early been found necessary to employ local counsel in Mary
Monson’s case, and Timms was recommended by his old master as one every
way suited to the particular offices needed. Most of the duties to be
performed were strictly legal; though it is not to be concealed that
some soon presented themselves that would not bear the light. John
Wilmeter communicated to Timms the particular state of the testimony, as
he and Michael Millington had been enabled to get at it; and among other
things he stated his conviction that the occupants of the farm nearest
to the late dwelling of the Goodwins were likely to prove some of the
most dangerous of the witnesses against their client. This family
consisted of a sister-in-law, the Mrs. Burton already mentioned, three
unmarried sisters, and a brother, who was the husband of the person
first named. On this hint Timms immediately put himself in communication
with these neighbours, concealing from them, as well as from all others
but good Mrs. Gott, that he was retained in the case at all.
Public-domain text, read in full here on John Shaqi.
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