Page:The Green Bag (1889–1914), Volume 13.pdf/155

 128

The Green Bag,

until after it has been at issue many months, every lawyer for a plaintiff attends with the fixed purpose of getting his case set for trial. As the defendant seldom wants his case tried, every defendant's lawyer resolves that his particular case shall not be set down, if he can help it. In these many conflicting states of mind the judge and the lawyers and the clerks attend the call. At two o'clock the judge and his clerk take their seats, and the clerk, who knows just about how many cases are required for the next week's work and knows, also, the calendar merits and equities of most of the cases, goes over the list a minute or two with the judge; and down in the very front row of seats three or four young lawyers may be seen "getting ready." They represent the law firms who handle the street railroad negligence cases. As each of these young men has anywhere from forty to ninety cases to take care of he must be alert. Most of the negligence cases are called at the very beginning of the calendar so as to dispose of them rapidly. The call begins: "Hogan v. Third Avenue R. R. Co.," calls the clerk. "For trial the —th,'1 (the earliest date pos sible), bawls the plaintiff's lawyer. "Friday calendar the —d" (date three months later), pleads the defendant's law yer. "Trial the —th" (early date), says the judge. "Murphy 7'. Metropolitan Street Railway Co./' sings the clerk. "For trial the —th," howls Mr. Murphy's lawyer. "That is satisfactory," answers the com pany's lawyer. "For trial the —th," orders the judge. "Itskatzkechowski i Second Avenue R. R. Co.," rattles the clerk. "Earliest day for trial," pleads the plain tiff. "That case, if your Honor please—," puts in the defendant.

"All right, call calendar the —th" (date two months later), says the judge. "Windgemundendorfer v. Metropolitan Street Railway Co.,"—the clerk. "For trial,"—the plaintiff. "Three months' call,"—the defendant. "For trial,"—the judge. AH this is done as quickly as this can be read. The call proceeds with the crack and rattle of a Catling gun. In a few minutes the negligence cases are disposed of, each defendant having possibly eight or twelve or fifteen per cent of his cases set for trial. In these cases it is give and take. There is little time for parley or arguments. The quickest man, provided he is polite, stands the best chance. This has been the skirmish. Then comes the general engagement over the great array of contract cases. Here there is time for reasons, or for what the lawyers hope or think will appear to the judge to be reasons. The shorter and more concise the reason the better. Arguments as to the law of the case are suicidal. The judge wants a reason, not an argument. Here oratory is an impediment. Principles of law and eloquence are for the trial, not for the call. "State your reason, is the law of the call. Lacking in reasons, many resort to de vices, excuses, explanation or strategy. Sometimes it is strategy to let your oppo nent be too presuming, too insistent, too talkative. Then a little reason, concisely stated, wins. Often the talkative man de molishes his own case. The devices and excuses are many and devious. Absence or sickness of the client, or of the attorney who is to try the case, pres sure of important legal engagements of coun sel, mysterious disappearance of the client or inability to communicate with him are all favorite excuses. Defendant actors and travelling men are "Out on the road," etc. But the judge is a wise man, and the clerk is wiser. "Your client is out of town; where is he? asks the judge.