Page:The Green Bag (1889–1914), Volume 18.pdf/532

This page needs to be proofread.

THE LONDON COURTS

497

will be reflected in the weight of his influence the Court. In collision cases they employ when it comes to be cast with the jury. small models of steamers and sailing vessels That this laxity prevails, the least ob as well as arrows to indicate winds and servation will show. Leading questions tides, all of which may be placed, veered upon direct examination pass unnoticed, and shifted as the trial progresses by means which in America would bring a storm of of thumb pins projecting beneath and objection, and even hearsay evidence is not capable of being pressed into the chart and unknown. The absence of the element of table. The admiralty trials are beauti surprise in trials, already alluded to, may fully conducted and great familiarity with make those concerned more tolerant of sea affairs is displayed by the participants. Models are very much used in all English counsel leading in a story all know before hand. The occasional element of hearsay is Courts. In land condemnation, nuisancemore difficult to explain unless, indeed, the injunction, and accident cases one fre French view gains in England, which justifies quently sees elaborate models reproducing the admission of hearsay upon the ground the locus in quo; while in actions concern that in the most important questions in ing floods or other occurrences affecting con life — for example, the reputation of a man siderable areas, models many square feet whom one contemplates trusting, or of a in size reproducing the whole locality are woman one thinks of marrying — men act employed. exclusively upon hearsay, and never upon The Chief Justice sits at nisi prius trials direct evidence. But, of course, the law of more often than upon appeal. It seems odd, evidence in these respects remains unchanged during the trial of an action for damages in England. caused by a flood due to the alleged im Upon careful observation, the real cause proper construction of a bridge, to see the of this tolerance will be found to be a reli Lord Chief Justice of England reaching far ance on the great influence of the judge to down with a long white, lath-like stick into guide the jury, so as to eliminate from their the solicitor's well to point out some minds the effect of evidence wrongly pro features of a model while interrogating a duced. witness, and afterward charging the jury, In England, mistress of the seas, with stick in hand. It is still more strange to much the largest merchant marine in the hear a judge, whose name is known the world, and with an insular population world over, gravely charging a jury as to the mostly living in close touch with the sea, value, as evidence of identity, of a wart un one finds, as might be expected, the best der the tail of a coster monger's donkey, the admiralty courts and bar in the world. ownership of which is in dispute. Yet, like They are situated on the west, or Chancery, every feature of an English court, it is side of the Law Courts Building. The pre eminently practical and free from form or siding judge is assisted by two Trinity affectation. Masters — old sea-captains in full gilt but The highly paid judges of the High Court toned uniforms. They sit at the judge's sit in the smallest case — the idea seems right, having each a small table with charts to be, that if a man desires to assert his spread upon it, and advise his Lordship upon rights, however insignificant, it is the duty technicalities. Over the heads of the trio of the Government to afford him the oppor a large gilt anchor adorns the wall and indi tunity. In the Divisional Court (an appeal cates the subject of the deliberations. Court of limited jurisdiction) the Lord The chart used by counsel in examining Chief Justice of England and two famous witnesses is pinned to a sloping table in the colleagues may be found hearing an appeal midst of the barristers' benches and facing the day after the trials just mentioned, in a