FREE BOOKS

Author's List




PREV.   NEXT  
|<   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79  
80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   >>   >|  
perform his disagreeable task with fairness and consideration. He is permitted to entrust his defense to another officer, whose duty it is to make a rigidly truthful and candid presentation of his case in order to assist the court to a just decision. The jurors, if there are jurors, are neither friendly nor hostile, are open-minded, intelligent and conscientious. As to the witnesses, are they not sworn to tell the truth, the whole truth (in so far as they are permitted) and nothing but the truth? What could be finer and better than all this?--what could more certainly assure justice? How close the resemblance is between this ideal picture and what actually occurs all know, or should know. The judge is commonly an ignoramus incapable of logical thought and with little sense of the dread and awful nature of his responsibility. The prosecuting attorney thinks it due to his reputation to "make a record" and tries to convict by hook or crook, even when he is himself persuaded of the defendant's innocence. Counsel for the defense is equally unscrupulous for acquittal, and both, having industriously coached their witnesses, contend against each other in deceiving the court by every artifice of which they are masters. Witnesses on both sides perjure themselves freely and with almost perfect immunity if detected. At the close of it all the poor weary jurors, hopelessly bewildered and dumbly resentful of their duping, render a random or compromise verdict, or one which best expresses their secret animosity to the lawyer they like least or their faith in the newspapers which they have diligently and disobediently read every night Commenting upon Rabelais' old judge who, when impeached for an outrageous decision, pleaded his defective eye-sight which made him miscount the spots on the dice, the most distinguished lawyer of my acquaintance seriously assured me that if all the cases with which he had been connected had been decided with the dice substantial justice would have been done more frequently than it was done. If that is true, or nearly true, and I believe it, the American's right to sneer at the Frenchman's "judicial methods" is still an open question. It is urged that the corrupt practices in our courts of law be uncovered to public view, whenever that is possible, by dial impeccable censor, the press. Exposure of rascality is very good--better, apparently for rascals than for anybody else, for it usually suggests somethin
PREV.   NEXT  
|<   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79  
80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   >>   >|  



Top keywords:

jurors

 

justice

 

witnesses

 

defense

 

permitted

 
decision
 

lawyer

 

defective

 

miscount

 
outrageous

pleaded

 
diligently
 

verdict

 

compromise

 

secret

 

expresses

 

random

 

render

 

bewildered

 

hopelessly


dumbly

 

resentful

 

duping

 

animosity

 

Commenting

 

Rabelais

 

newspapers

 

distinguished

 

disobediently

 

impeached


impeccable

 
public
 

uncovered

 

practices

 

corrupt

 
courts
 

censor

 

suggests

 

somethin

 

rascals


apparently

 

Exposure

 

rascality

 

substantial

 

decided

 

frequently

 
connected
 

acquaintance

 

assured

 

judicial