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Hawthorne, Nathaniel, 1804-1864

"Passages from the English Notebooks, Volume 1."

It was very like and very
laughable, but hardly caricatured. The judicial wig is an exceedingly
odd affair; and as it covers both ears, it would seem intended to prevent
his Lordship, and justice in his person, from hearing any of the case on
either side, that thereby he may decide the better. It is like the old
idea of blindfolding the statue of Justice.
It seems to me there is less formality, less distance between the judge,
jury, witnesses, and bar, in the English courts than in our own. The
judge takes a very active part in the trial, constantly asking a question
of the witness on the stand, making remarks on the conduct of the trial,
putting in his word on all occasions, and allowing his own sense of the
matter in hand to be pretty plainly seen; so that, before the trial is
over, and long before his own charge is delivered, he must have exercised
a very powerful influence over the minds of the jury. All this is done,
not without dignity, yet in a familiar kind of way. It is a sort of
paternal supervision of the whole matter, quite unlike the cold awfulness
of an American judge. But all this may be owing partly to the personal
characteristics of Baron ------. It appeared to me, however, that, from
the closer relations of all parties, truth was likely to be arrived at
and justice to be done. As an innocent man, I should not be afraid to be
tried by Baron ------.

EATON HALL.


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