I was much surprised at first, too, to observe that the counsel who interrogated the witness under examination at the time, did so SITTING. But seeing that he was also occupied in writing down the answers, and remembering that he was alone and had no ′junior,′ I quickly consoled myself with the reflection that law was not quite so expensive an article here, as at home; and that the absence of sundry formalities which we regard as indispensable, had doubtless a very favourable influence upon the bill of costs.
In every Court, ample and commodious provision is made for the accommodation of the citizens. This is the case all through America. In every Public Institution, the right of the people to attend, and to have an interest in the proceedings, is most fully and distinctly recognised. There are no grim door-keepers to dole out their tardy civility by the sixpenny-worth; nor is there, I sincerely believe, any insolence of office of any kind. Nothing national is exhibited for money; and no public officer is a showman. We have begun of late years to imitate this good example. I hope we shall continue to do so; and that in the fulness of time, even deans and chapters may be converted.
In the civil court an action was trying, for damages sustained in some accident upon a railway. The witnesses had been examined, and counsel was addressing the jury. The learned gentleman (like a few of his English brethren) was desperately long-winded, and had a remarkable capacity of saying the same thing over and over again. His great theme was ′Warren the ENGINE driver,′ whom he pressed into the service of every sentence he uttered. I listened to him for about a quarter of an hour; and, coming out of court at the expiration of that time, without the faintest ray of enlightenment as to the merits of the case, felt as if I were at home again.
In the prisoner′s cell, waiting to be examined by the magistrate on a charge of theft, was a boy. This lad, instead of being committed to a common jail, would be sent to the asylum at South Boston, and there taught a trade; and in the course of time he would be bound apprentice to some respectable master. Thus, his detection in this offence, instead of being the prelude to a life of infamy and a miserable death, would lead, there was a reasonable hope, to his being reclaimed from vice, and becoming a worthy member of society.
I am by no means a wholesale admirer of our legal solemnities, many of which impress me as being exceedingly ludicrous. Strange as it may seem too, there is undoubtedly a degree of protection in the wig and gown - a dismissal of individual responsibility in dressing for the part - which encourages that insolent bearing and language, and that gross perversion of the office of a pleader for The Truth, so frequent in our courts of law. Still, I cannot help doubting whether America, in her desire to shake off the absurdities and abuses of the old system, may not have gone too far into the opposite extreme; and whether it is not desirable, especially in the small community of a city like this, where each man knows the other, to surround the administration of justice with some artificial barriers against the ′Hail fellow, well met′ deportment of everyday life.
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