I was aware that this phenomenon arose from the fact
that I myself was older. And various barristers,
who fifteen years since were handsome, smooth-faced
young men, had now a complexion rough as a nutmeg-grater,
and red with that unhealthy colour which is produced
by long hours in a poisonous atmosphere. The
Courts at Westminster, for cramped space and utter
absence of ventilation, are nothing short of a disgrace
to a civilized nation. But the most painful reflection
which they suggest to a man with a little knowledge
of the practical working of law, is, how vainly human
law strives to do justice. There, on the benches
of the various Courts, you have a number of the most
able and honest men in Britain: skilled by long
practice to distinguish between right and wrong, between
truth and falsehood; and yet, in five cases out of
six that come before them, they signally fail of redressing
the wrongs brought before them. Unhappily, in
the nature of things, much delay must occur in all
legal procedure; and further, the machinery of the
law cannot be set in motion unless at very considerable
expense. Now, every one knows that delay in gaining
a legal decision of a debated question, very often
amounts to a decision against both parties. What
enjoyment of the summer days has the harassed suitor,
waiting in nervous anxiety for the judgment or the
verdict which may be his ruin? For very small
things may be the ruin of many men. A few pounds
to be paid may dip an honest man’s head under
water for years, or for life. But the great evil
of the law, after all, is, that it costs so much.
I am aware that this may be nobody’s fault;
it may be a vice inherent in the nature of things.
Still, where the matter in question is of no very great
amount, it is a fact that makes the wise man willing
rather to take injustice than to go to law. A
man meets with an injury; he sustains some wrong.
He brings his action; the jury give him ten or twenty
pounds damages. The jury fancy that this sum
will make him amends for what he has lost or suffered;
they fancy that of course he will get this sum.
What would the jury think if told that he will never
get a penny of it? It will all go (and probably
a good deal more) for extra costs; that is, the costs
the winning party will have to pay his own attorney,
besides the costs in the cause which the losing party
has to pay. No one profits pecuniarily by that
verdict or that trial, except the lawyers on either
side. And does it not reduce the administration
of justice to an absurdity, to think that in the majority
of cases, the decision, no matter on which side, does
no good to the man in whose favour it is given.