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PROCEDURE IN POETRY. By JAMES WILLIAMS, D.C.L.,
REVIEws... - - - • * * e - e. - - - ... 53, I27, 199,
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Publications of the Selden Society, Select Cases in
REMARKs on THE SITUATION IN CRETE, SoME. By TH.
RIGHT OF CounSEL To BE INSTRUCTED BY LAY CLIENTs.
SKETCH of THE LIFE AND CHARACTER OF MR. JUSTICE
THE LATE SIR TRAVERs Twiss. By THE EDITOR
THIRTEENTH CENTURY STATUTEs, SoME. II. By G. J.
QUARTERLY DIGEST of ALL REPORTED CASEs. By T. J.
1896, to July, 1897) ... * * * • * * I, 37, 55,
LAW MAGAZINE AND REVIEW.
No. CCCII. – NoveMBER, 1896.
THE nineteenth Annual Meeting of the American Bar
Association was a memorable one. It was held at Saratoga Springs on August 19th, 20th and 21st. The President, Moorfield Storey, of Boston, Mass., was present, together with many eminent members of the American Bar. Lord Russell of Killowen delivered an address on International Arbitration, and on the same day Mr. Montague Crackanthorpe, Q.C., a member of the English Council of Legal Education, addressed the meeting on Legal Education. Sir Frank Lockwood, Q.C., M.P., was also present.
During the last month a curious incident occurred in London. A Chinese who was sought for by the authorities of his own country, and had come to London, was by some means taken into the Chinese Embassy there, and was not permitted to leave. Rumours of physical injury to the détenu were rife; the Foreign Office were requested by the friends of the détenu to intervene, with the result that the man was released. This raises a curious question of International Law, viz., whether an Ambassador can
imprison or punish natives of his own country within the
Embassy walls. On the one hand it may be said that the
hôtel of an Ambassador is inviolable; but on the other it
may more justly be observed that this privilege is a I
toleration by the Laws of the State, to which the public minister is accredited, and must not be abused. We commend Lord Salisbury for his firmness. But for this, we should next have heard of an Englishman being taken and imprisoned within the walls of one of the minor Embassies; or even of an Embassy being used as a gambling house, or a foundry for false coin.
The negligent manner in which witnesses are allowed to wander in and out of Court, during a trial, in this country ought not to be permitted. It is not an uncommon practice for counsel on either side to ask at the beginning of a trial that all witnesses may be ordered out of Court. This is acceded to by the judge; but with what result A witness has told his tale, and passes out of Court, in many cases to tell the others what questions he has been asked, and what he has replied. This practice offers every facility for perjury.
Some lawyers may recollect the remarks made by Lord Justice (then Mr. Justice) Kay some years ago on this subject, and reported in the Times, 13th December, 1882, in the case of Horwood v. The L.C. Company. He said that he was greatly impressed with the inexpediency of having witnesses in Court during the whole progress of a case, and that he recently had an opportunity of observing the practice of the French Courts in that respect. In France a convenient room is provided for witnesses to wait in, and no witness is allowed into Court until his turn comes to be examined. His Lordship wished that this practice could be adopted here, for it was no uncommon thing to have witness after witness coming up and repeating parrot-like what they had heard the previous witnesses say. If some such rule as that to which he had alluded were made by a Supreme authority, it would, in his Lordship's opinion, be of great value.
Sed, We it for this, eing taken the minor used as a
allowed to his country uncommon e beginning it of Court, result? A rt, in many )een asked, very facility
le by Lord his subject, in the case at he was ; witnesses ld that he stice of the sonvenient witness is >xamined. adopted ness after they had Ile as that uthority, U6.
I.—SKETCH OF THE LIFE AND CHARACTER OF
This remarkable man was the son of a respectable
apothecary at Tottenham. He was sent at the proper age to Trinity College, Cambridge, where as an undergraduate he went very little into the Society of the University and occasioned some surprise at coming out as Senior Wrangler in the year 1810. From Cambridge he proceeded to Lincoln's Inn, and having kept the proper number of Terms without the occurrence of anything extraordinary, was duly called to the Bar by that Society. He chose for his circuit the Oxford, and attended the Gloucester and Herefordshire Sessions. He also for many years went the Brecon Welsh Circuit. It must be confessed that his success at the Bar was by no means adequate to his talents. His having been Senior Wrangler appeared to be of no weight in his favour in the eyes of the Gloucestershire and Herefordshire attorneys. For years he diligently attended at the Gloucester Assizes and Sessions, with very small profit. And it must have been very mortifying to him to see the success of other barristers far his inferior in all respects. He was a good lawyer besides an excellent classical scholar and a good linguist. That such a man should compete in vain with the shallow frequenters of Gloucester Sessions was lamentable indeed. On the Brecon Circuit alone was he successful. There the nature of the practice brought Maule's refined arguments and obstinate adherence to any points he made into prominence and he had a fair share of the business. On
* The Editor is indebted to the courtesy of a very eminent lawyer of the present day for the gift of this Article, which was written by a contemporary of Mr. Justice Maule.