Page:The Green Bag (1889–1914), Volume 02.pdf/296

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Communications in regard to the contents of the Magazine should be addressed to the Editor, Horace V. Fuller, 15^ Beacon Street, Boston, Mass. The Editor will be glad to receive contributions of articles of moderate length upon subjects of interest to the profession; also anything in the •way of legal antiquities or curiosities, facetia, anecdotes, etc. THE GREEN BAG. T N the present number we commence a series of articles which we believe will prove to be the most valuable and interesting ever offered to the legal profession. We refer of course to the sketches of the Supreme Courts (or Courts of Final Appeal). Such arrangements have been made as enable us to say with confidence that we shall be able to include in the series the courts of every State in the Union. The articles will all be written by able and well-known mem bers of the legal profession, and will be fully illustrated. Our July and August numbers will contain the New York Court of Appeals, writ ten by Irving Browne, Esq. Owing to its length and the great number of illustrations, it has been found necessary to divide this article into two parts. The illustrations will include one large twopage group, two single-page groups and twentythree separate portraits of distinguished judges. The sketch is written in Mr. Browne's happiest vein, and is undoubtedly the best presentation of this distinguished court ever made to the pro fession. Articles are already prepared on the Supreme Courts of Maine, New Hampshire, Connecticut, Rhode Island, etc., and will appear in due course. A correspondent writes from St. Paul, Minn., giving his views on the difference between lawyers East and West. Editor of the " Green Bag " : The other day while listening to the trial of a case in our District Court in St. Paul, thegreat difference between the English style of conducting their law business and our own struck me very forcibly, and recalling to mind the statement made by Max O'Kell, that there was not a typical American, I appreciated

its truth. Not only is there not a typical American, but there is not a typical American way of transact ing business. Each section varies, and this state ment is as well exemplified in the law as elsewhere. In the Eastern States, while they maintain nothing like the pomp of the English courts, they are still, to a certain extent, sticklers for the forms of law. This is seen as much as elsewhere in the examination of witnesses. In the Eastern States generally it is the most interesting part of the case; it is here that the battles royal are fought, and usually where the cases are won or lost. In the Western States, on the con trary, the evidence being largely documentary or record evidence, there is, as a rule, but little argu ment over the form in which it is taken, although very often, and in fact I might say as a rule, the case turns upon the admissibility of the evidence It often happens that the attorneys stipulate that if a certain instrument is admitted in evidence the case shall go no further, unless an appeal is desired. I was considerably surprised at first at the differ ence in the manner of conducting legal proceedings in St. Paul and in some of our Eastern cities. I ex pected to find in the newer country much more ostentation or elaboration of language. In fact, how ever, that is not the case. I have heard leading questions asked unchallenged, and opportunities for repartee and retaliation passed unnoticed, such as would have delighted an Eastern lawyer's soul, and have furnished him an opportunity for an exhaustive argument or a wordy contest for half an hour. Again, the manner of argument or summing up of the case is very different. In the East it is an op portunity for a display of forensic elocution and ora tory not to be passed over lightly. When an able speaker is about to argue a case, half the legal pro fession in the city gather to the court to criticise or praise the oration, as it is often truly termed. I have heard much true eloquence wasted on jurymen who no more appreciated its beauty and force than they Would appreciate any other true work of art. And did we not know that the attorney was speaking fully as much for the benefit of the audience behind him as for that in front of him, we should be surprised at his effort. In this part of the West it is different. Here, as a rule, the case is argued more upon its merits. An argument is not looked upon so much as a work of art as a matter of business. All efforts are directed