kin, "I doan't."
"You must be quiet," said Mr. O'Rapley; "recollect you are in a Court of
Justice."
"Be I! It 'ud take moore un thic case to make I believe it; but lookee
here: I be hanged if there ain't that Snooks feller down along there."
"Who?" enquired O'Rapley.
"That there feller," said Bumpkin, "be sure to find his way where there's
anything gooin on o' this ere natur."
Next an undefended prisoner was placed on trial, and as he was supposed
to know all the law of England, he was treated as if he did.
"You can't put that question, you know," said the learned Judge; "and now
you are making a statement; it is not time to make your statement yet;
you will have ample opportunity by-and-by in your speech to the jury."
And afterwards, when the Judge was summing up, the unhappy prisoner
called his lordship's attention to a mistake; but he was told that he had
had his turn and had made his speech to the jury, and must not now
interrupt the Court. So he had to be quite silent until he was
convicted. Then the two companions went into another court, where a very
stern-looking Common Law Judge was trying a ferocious-looking prisoner.
And Mr. O'Rapley was delighted to explain that now his friend would see
the difference. They had entered the court just as the learned Judge had
begun to address the jury; and very careful his lordship was to explain
(not in technical language), but in homely, common-place and common-sense
English, the nature of the crime with which the prisoner was charged. He
was very careful in explaining this, for fear the jury should improperly
come to the conclusion that, because they might believe the prisoner had
in fact committed the act, he must necessarily be guilty. And they were
told that the act was in that case only one element of the crime, and
that they must ascertain whether there was the guilty intent or no. Now
this old Mr. Justice Common Sense, I thought, was very well worth
listening to, and I heartily wished Mr. Justice Technical from the Old
Court had been there to take a lesson; and I take the liberty of setting
down what I heard in my dream for the benefit of future Justices
Technical.
His lordship directed the jury's attention to the evidence, which he
carefully avoided calling facts: not to the verbatim report of it on his
note-book as some Recorders do, and think when they are reading it over
they are summing it up; but pointing out statements which, if believed,
|