A FOREIGN COURT OF JUSTICE. CAPETOWN is a quiet place. There is a marked absence of formality about its instiutions—a matter which is quickly noticed by a lawyer in respect of the admin istration of the law. There is no pomp or formalism in the courts, but at the same time the procedure is distinguished by a quiet gravity and a common-sense that recommend it to the practical-minded man. The presiding judge takes his seat in a court-room arranged after the manner of courts all the world over, but fitted and ap pointed in a very plain manner. Painted wood is the material used in all parts of the court, and there are no curtains or hangings in any part. Facing the judge are two long benches and desks, and midway at the back of the second bench is a space inclosed for the accused. The legal practitioners occupy the two benches, and there are no bars or railings to separate them from those on trial. When the prisoners enter their pen, they seem to be standing amongst the lawyers. A couple of policemen stand by the pen. The prisoners are brought in through a side door, which door permits access to the lawyers. Advocates do not wear wigs, but they are robed and banded; coming through the side doorway, robes and bands serve the useful purpose of distinguishing their wearers from the prisoners. The judge, wearing robe and bands, but wigless, enters the court attended by the reg istrar and the sheriff. He takes his seat to the bow of a tipstaff clad' in evening dress and bearing a wand. There is no declaration of the opening of the court, the first words uttered being those of the Crown prosecutor when he announces that he has been appoint ed to prosecute for the Crown. He then states what case he wishes to be taken, read ing from a printed calendar which sets out specifically the facts and particulars. Here
is an example of how an entry on the calen dar runs: No. 13. Prisoner's name, Jokwe Uggo; crime, theft; date of committal, 18.8.02; days in custody pending trial, 58; bailed or not, No; district, Capetown; wit nesses— i, Cekio Makya; 2, Stewart Magali; 3, Gongalowanona Luisipie; 4, Jossa; 5, W. Inglis (Dete.). The prisoner is then brought in, and, the indictment being read over to him and explained through an interpreter if the accused be unable to speak English, he is asked to plead to it. On a plea of "not guilty" he is then asked to listen to the names of the jurymen, and to object to any if he may care to do so. Proceeding, the regis trar who has acted so far then calls over the jurors, nine in number, drawing the names from a ballot-box. When the nine men are in the jury-box, the prisoner is asked if he is willing to be tried by them. On his assent, the jurymen stand up together, and the regis trar administers the oath to well and truly try according to the evidence, to them in a body, raising up his hand with the thumb and first and second fingers erect, which motion is fol lowed by the jurymen. This exhibition of the thumb and two digits takes the place of kissing the P>ible. When the jurymen sit down, the registrar gives them in a few words the crime with which the prisoner is charged, and relapses into his seat. Immedi ately the Crown prosecutor calls the first witness, whose examination and cross-exam ination proceeds in the usual way. There is no opening address by the Crown prosecutor. When it is mentioned that there are no Courts of Quarter Sessions in Cape Colony, but that all cases committed by the magis trates come before a Supreme Court judge, it can be seen that procedure becomes simpli fied in order to economize time. Another matter which tends to economize time is the practice of continuing the same jury through
