The evening following his interview with Mollie found Cobb in better spirits and more cheerful. He had not seen her since the day before, as she had complained of a slight indisposition and had remained in her room.
Seated in the library of the President, and in his accustomed place—for Cobb came nearly every evening to hear Mr. Craft discourse on the topics of the day, and to narrate, in his turn, the events contemporary with his former existence—he reminded his friend that he had promised to explain the law system of the present day, and to discuss its merits and defects.
“And right happy I am, my dear boy,” returned the President, “to sit and chat with you on these subjects, which, in many cases and under many phases, may strike you as being worthless, absurd, and detrimental to a just definition of the principles of sound common law.”
“You will hardly surprise me by any innovation upon the law of my time,” said Cobb; “knowing, as I do, that the age is progressing. It could not have taken a retrograde movement in common law—not the law itself, but its definition and interpretation in the courts.”
“The laws of the land have been greatly modified and simplified. No longer are the bickerings, snarlings, personal abuse and ungentlemanly conduct of the opposing counsel permitted in the courts. Decorum is strictly observed, and justice—pure, plain justice, as far as it is possible for human minds to discern it—is meted out to the culprit at the bar, the defendant or the appellant in the case.”
“If such is now the condition of your courts and your law, you are worthy of man’s sincere praise and thanks. The farce daily enacted in the courts of 1887 was a disgrace to an enlightened and civilized community.”
“The root of the innovation was the substitution of a plain and simple code of laws for the cumbrous shelves of State and national codes existing during your time. There is now one universal code of laws for the nation, whole or integral. Every crime known to man is laid down fully and plainly, and one, and only one, punishment ordained for the guilty.”
“But does this not work more harshly against those of otherwise good reputation than against the habitual criminal?”
“Possibly. But to avoid that greatest of evils—the giving of different sentences for exactly the same crimes, and committed under almost similar conditions—the universal code was established. Now every man knows exactly the punishment fixed for those guilty of any particular crime. There is no such thing as irrelevant testimony. The desire of justice is to know every circumstance connected with the commission of the crime. Yet limits to the continuance of testimony in certain directions are fixed. The desire now is not to defeat the just endeavors of man to obtain his rights—not to punish the accused because he is accused, but to quickly dispense justice to all. The most radical change in the dispensing of justice is the discontinuance of the jury system in vogue up to 1926—a system faulty in the extreme; a system where twelve men of widely different characters, education, religious principles, and ideas of justice, were expected to each and individually concur in one particular finding, and where a single dissenting voice required the trial to be held again, before a similar enlightened jury, or the accused discharged. In fact, during the jury system, it was the endeavor of counsel to impanel a jury of ignoramuses, a jury of men who had not read of the events of the day, or if they had read them, then of such infantile, idiotic minds as to have reached no conclusion upon the case whatever. That system is obsolete, thank God! Outside of the police courts, which have a single judge who hears and determines the case, and whose powers are very limited, we have the Dom Cöda, or house of justice, in which all cases are tried in which the punishment does not exceed a certain fixed standard. This house is presided over by three judges, and to them is the testimony given, by them heard, and by them is judgment rendered. They are lawyers, and understand the law. Next comes the Gledom Cöda, or superior court, presided over by five judges. Here are heard the highest criminal cases. The Legledom Cöda, or supreme court, is the highest in the State, and is presided over by nine judges. There are Doms Cöda and Gledoms Cöda for civil cases, likewise.”