A and B were both natives of India—Hindus—and had been partners. I cannot remember their business beyond that they bought articles in Upper India and imported them into Upper Burma, where they sold them. It was a small business. One partner would go to India, buy stock, and return with it to Burma. They would both trade in it, and when it was nearly done one of them would go away to India again. This had gone on for some years. They agreed together excellently and made a decent profit. They kept all their accounts in their heads, aided by an occasional scrap of memoranda, and made a settlement from time to time.
Then they would begin afresh.
At last came a disagreement.
When A returned to Burma with a new stock, B objected to the price paid for one item, alleging that A had been "done," and had paid too much.
A indignantly repelled this accusation. B stood to his guns. The item was only about five hundred rupees, and the difference was not more than twenty or thirty rupees, but neither would give way.
The quarrel grew. B said he would not share in the item; A said he must, as it was a partnership transaction. B said he didn't care. A said he would sue him in Court. B said, "Very well, sue me." So each went off to get a pleader.
In due time the case came into Court, but what a case! Each side had considered that if he had got to fight he had better get all the weapons he could, so he raked up everything he could think of. It was a duel, you see, wherein each side fought not to settle the little point at issue, but for victory—any kind of victory he could get. Each side stirred up every sleeping dog of war he could find, resuscitated and galvanised dead dogs, made up imitation dogs, and came to battle.
The issues finally framed covered several years' transactions, and the evidence included forged documents and quantities of perjury. Both sides were ruined.
That is what comes of making a trial a duel. Each side fights for victory, to save his amour propre, and to wound the enemy wherever he can. The original cause of difference is quite lost.
Now that case is typical of many. It is illustrative of human nature all the world over. If you awake the fighting instinct you cannot confine the parties to the original seat of war; they will urge the attack wherever they are likely to win. They cannot go to the judge in the beginning as to a friend of both parties who will inquire into the cause of difference himself and find a reasonable settlement, because judges are not intended to do that. Therefore parties do not go to Court at all until they have determined to fight it out. The case does not come to Court till matters are hopeless.