Page:The Green Bag (1889–1914), Volume 15.pdf/125

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The Green Bag.

estimate. In another passage the judge al statements on both sides, the cross-examina tion of witnesses, and the summing up of luded to the completeness of the discovery of counsel, were as devoid of prejudice and of documents, etc., on the part of the executive appeals to the public, as if the action was a committee, and said that absolutely nothing suit on a promissory note. That the danger had been withheld, no matter how comprom was recognized and that counsel had the ising it might be, and this in spite of every courage to avoid it was acknowledged by temptation to make the discovery less ade Mr. Justice Wills, whose comment, in sum quate. In the whole course of his experience ming up to the jury, as to this feature of the he had never seen in a case of this magnitude case is worthy of the attention of lawyers all such carefulness, as well as honesty, in the over the world. He said that he owed a debt important matter of discovery, and it re of the sincerest gratitude to the gentlemen of flected the highest credit on all concerned. the Bar, and. of course, especially to the Everything is relative, and lawyers in leaders, for the admirable manner in which America would be amused by the complaints the case had been conducted. It teemed with that are being made of the arrears of work in combustible elements. They had walked the Appeal Court and the consequent delay in along paths bestrewn with gunpowder and arriving at a final determination of cases. dynamite, acid yet not a spark had been let The most that can be said against this fall. With every temptation to indulge in court is that it is now hearing and deciding topics of prejudice and passion, no one on appeals which were entered on its dockets either side had ever been betrayed into any "nearly a year ago!" In the second division such indulgence. The difference in the strain ' of the court cases which were appealed in upon himself between a case so conducted March last were being heard in December. and what it would have been if such rigorous Allowing for a vacation that lasts nearly three self-restraint had not been practised was in months, this means a delay of six months. calculable, and he should be very sorry to And this is only for final appeals. All inter part with the case without adding this ex locutory matters are heard in from four pression of personal gratitude to the expres w:eeks to two months. Contrasted with de sion of his opinion that this trial had been lays in most of the States and in the United conducted by the learned counsel engaged in a manner worthy of the highest and best States Supreme Court, the procedure here traditions of the profession to which he and might almost be called precipitate haste. It they alike had the honor to belong. He is even better in the King's Bench division, added that something in this result might where the interval between the serving of well be due to the influence of a part of our the original writ of mandamus and trial bylegal machinery of which the advantages jury does not exceed on the average three were very often but imperfectly recognized— months. And even this despatch has been the circuit system. No fewer than four of thrown into the shade by the performances the leading counsel were members of the on the chancery side, where in four or five same circuit, and on circuit men got to know of the courts, cases are heard and finally de one another down to the ground, they never termined within six weeks of the time they failed to do justice to one another's good are brought. In fact, it is not now necessary points, and personal friendships grew up in many cases, to ask for interlocutory relief, which engendered kindly feelings which no for the action itself is disposed of in the time otherwise necessarily occupied in the inter stress of advocacy ever obliterated, the indi rect effect of which in smoothing the rugged mediate application. The old jibe at the delays of chancery has now lost its point. path of litigation it was difficult to over