Show JUSTICE AS SEEN IN COURTS If H there is s ono thing moro mora than another on which the average 1 prides himself It Is his methods of administering Justice Ills Ilia courts In his eyes eres arc more dl dignified fairer and more expeditiously conducted than any others In tho the world and tind ho he Is fond ond of or pointing tho finger finKer of oC scorn at America whore tho the jud Judges es are arc elected and Ind Juries sometimes acquit men who havo have committed crimes which are arc justified b by public opinion With a 3 view to finding out whether this boa boat boast t I Is Cound founded d on fact tact or not I recently attended a great criminal trial 1 at the Old Balle Bailey which Is London's chief criminal court I was aK careful to select an Important taut tant case e. In which leading counsel were engaged on both sides so that I could fairly compare English Judicial and legal methods with tho those e In In tho the courts of N 1 New w York Boston and Chicago at which I have o attended many trials trial both great grent and small The Tue prisoner was ac accused accused accused ac- ac of oC murder and was prosecuted by Sir Charles Matthews tho the leader header of the criminal bar who ho was knighted by the king last year ear at the opening of tho the magnificent mag mag- new temple of Justice In which London's criminals Bro are tried Opposed to him was Marshal Hall K C. C who I Is second sec see on ond only to Sir Charles in famo fame as an ad ad- ad The conditions therefore were ero Ideal Ide for observing English criminal law at nt Its be best t. t and I can ta say ay without hesitation that if ifa n a robed red-robed ju Judge go In a 0 full bottomed wig lawyers In wigs and gowns and a ro row of sleepy old gentlemen In purple le and ormine ormine ermine or- or mine nodding on the bench beside tho the Judge constitute dignity then thore there Is dignity dignity dig dig- nit enough and ani to spare at al the the Old Ohl Bailey Balle If lC a Judge who acts as HS a 3 prosecutor prosecutor prose prose- cuter Is fair then there thero Is fairness in plenty plent Expedition there thero certainly Is Is but tho the impression I came aW away with was that If Jr I ever had to bo be tried for m my life lICe I should prefer to undergo the ordeal be before before be- be fore forc au an American m Judge and jur Jury than be- be foro Oro an English h one A few preliminary words about the se selection so- so lection of oC Judges Judge ma may not be amiss s In America of course w WI we elect our jud Judges e and while wo we oc occasionally get men whose political 1 activity is all that there Is to recommend them we aro are remarkably successful suc suc- In getting sound JL lawyers erl and anti men who are filled with ith a cal i-cal to do Justice In J England tho the Judges are ap appointed appointed ap- ap pointed nominally by tho the kin king but really b by tho the minister In office for tor the time lime being and b being appointed for Cor or life liCe they arc are quite independent of or public opinIon opinion opinion ion and free freo to Indulge all their whims and arid foibles on the bench Although the they aro supposed to be selected for their learning learning learn learn- ing In- InIn in the law and other Judicial qualities It Is surprising how often orten one hears that Mr Justice so and sat In parliament for such and such a constituency before his liz el elevation to the bench and was a aery very ery useful mon inon to his part party The Judge who ho tried the caS ease case which I Iam Iam Iam am about to describe was Justice Gran- Gran tham Persistent Inquiries about his qualifications quaIl quaIl- for COl his high elicited from all to whom they were wro addressed the lie same reply that reply that he ho was a conservative M. M t. t I P. P and was appointed b by a conservative conserva 3 thc ftc prime minister r for his party ser ser- vices i That these services ser were continued his elevation to the bench was hinted at nt and md I 1 was as told that after the recent general election Mr Justice Grantham de delivered de- de livered conflicting Judgments I In two to contested contested contested con con- tested election petitions in which the circumstances cir clr- cir cir- were almost exactly similar Ono of these decisions seated a COn conservative conserva eT tive tivo member the other ung unseated a liberal It must be borne in mind too that In criminal matters at least there thoro has been until January JAnuar 1 last no court of appeal and even en now the tho scope of oC tho lie criminal appeal court Is very ry limited limiter What hat tho the Judge says says' Is final and he Is not beset Leset b by tho the fear of or a a. reversal by tho the higher court To begin with the selection of a jury jun In American some sono care Is exercised cd In inthe tho the selection of oC twelve fairly Intelligent men At the Old Bale Bailey the clerk called tho first Ont twelve names on the panel and tho men filed Into the box One was decrepit decrepit de de- de- de an and was excused on the tho ground round of humanity and the next man on oil the list took his place N Xo questions asked of tho the Jurymen The They wore were sworn and that ended IL it ILA A London newspaper hall hal the temerity to remark the tho next day that the Jurymen Jury jury- men were u u. vcr very ordinary l looking lot and that they thio p pl to be bo lather I orrl worried about what was going on In theIr shops hop Tho The Judge swelled with t Indignation when lie he came camo on tho the bench that morning und and ho devoted half an au hour houi- to lecturing the offending new newspaper pa cr and the pro pross s In iii general Jeneral lie said ald that the editor might think himself lucky r that he lie was wa not committed com corn for or contempt of court And ho was Tho The sleepy sleep old gentlemen In red who are arc aldermen of oC tile the city of London p positively t woke oko up and nodded In acquiescence in this defense defence of oC the dIgnity dignity dig dIg- nit of tho the law I It was when the trial began that the difference bet en n En English lI h and American criminal administration was most apparent appa oppa- rent law Is supposed to be bo practically tho the same rame a as that of mo most t of or tho ho American f states In fad fact tel the American law Jaw I Is based on the law of I and andone andone one of oC tho ho first principles that a 8 law student IB Is taught In Ii both hoth countries I la is that Unit an examining counsel must not lead his witness that l Is III ho he must not rann ramo his questions so an o afe aM to t suggest st the answer This principle is Ignored at t t tho the Old Ball Bailey Balloy Tho The prosecuting counsel was waa al allowed al- al lowed hewed to io r recite the tho alleged circumstances of tho the crime In raining framing his question and only onh a C feeble protest was iliade by Ly th prisoners prisoner's lawyer which was Instantly overruled h by the tho judge On ono one occasion when a a. particularly flagrant Instance of or unfairness to the prisoner oner called a u. i. i stronger er protest prote t. t the judge became v ry 11 angry That I la Is quite enough h Mr Ir Hair ho he said eald I Ido do not want to hear an any moro more from froni you 1011 Sit Hit down sir I l beg your our pardon my lord Isis leader at tho the bar I 1 would not think of or differing g. g fr from your lordship Similar wa was i meted out to the thc prosecuting counsel when he r requested the ju Judge ge to certain features s In his clare charge to tho the jur Jury I I do not n need el elany an any advice from you Sir Charles ho ha said saM when hen I want It I 1 will ask for or itI It I he beg your pardon my lord Jord replied the tho counsel for or the prosecution Ono One feature of the English practice rail mil strongly n against gal nut tho the prisoner In lii America the when ho enters tho the court knows no more about th tin case caso than thai th the the who iio are ora to hear heal tho the evidence for tho the first r t time and anI Isis hiM only duty I Ito la is to hold bold tho ho scales of Justice fairly a Irly b bs- bs tw tween tim tho prisoner on r and the state Mate In England the judge has to rest rend all the evi wl- wl I thence dence given KI In tho the pollee police court when hen the ala mail was first charged and it Is cus tho tom torn in England t to tu thresh such matters out In lit the this poll pollen police co court fur moro more fully than thau in iii America Tho Thu Judge therefore can cannot cannot not help entering tho the caso case with a a. certain pre prejudice and the be attitude of the tho Judges I shows s that It is generally against the prisoner Tho The very r arrangement ment of tho the court seems to Isolate tho lie prisoner and mako matters harder for him than In the tho Amer Amer- lean ican courts Instead of sitting at a 11 table tabla h his hll counsel und and In Sn close touch with him throughout tho the trial ho he Is placed In Ina a pen lIke hike called the dock dock dock-at at the back bark of tho the court H HIl cannot communicate communicate com coni- directly with the tho man who Is actually d defending him him at all all RII who be belongs be- be longs to an Inferior class of lawyer In fact tho the barrister r who alone alono Is Ss allowed to pl plead ld I in the thA higher courts usually never ha has seen seon his client until ho sees him In the Uw dock for trial All the pr prelim lIm- lIm inary mary work has been done b by th the solicitor and all the barrister knows know about the tho caso case h he has learned at second hand English Justice mo may be bp expeditious but bull I both for genuine dignity and fairness I 1 prefer the American kind f |