“Never heeard such a thing in my life,” said Master Bumpkin, “she wur a consentin’ party if ever there wur one.”
“But that makes no difference now-a-days,” said Mr. O’Rapley. “Chancery Judges studies the equity of the thing more. But perhaps, Mr. Bumpkin, you don’t know what that means?”
“No,” said Bumpkin, “I doan’t.”
“You must be quiet,” said Mr. O’Rapley; “recollect you are in a Court of Justice.”
“Be I! It ’ud take moore un thic case to make I believe it; but lookee here: I be hanged if there ain’t that Snooks feller down along there.”
“Who?” enquired O’Rapley.
“That there feller,” said Bumpkin, “be sure to find his way where there’s anything gooin on o’ this ere natur.”
Next an undefended prisoner was placed on trial, and as he was supposed to know all the law of England, he was treated as if he did.
“You can’t put that question, you know,” said the learned Judge; “and now you are making a statement;
it is not time to make your statement yet; you will have ample opportunity by-and-by in your speech to the jury.” And afterwards, when the Judge was summing up, the unhappy prisoner called his lordship’s attention to a mistake; but he was told that he had had his turn and had made his speech to the jury, and must not now interrupt the Court. So he had to be quite silent until he was convicted. Then the two companions went into another court, where a very stern-looking Common Law Judge was trying a ferocious-looking prisoner. And Mr. O’Rapley was delighted to explain that now his friend would see the difference. They had entered the court just as the learned Judge had begun to address the jury; and very careful his lordship was to explain (not in technical language), but in homely, common-place and common-sense English, the nature of the crime with which the prisoner was charged. He was very careful in explaining this, for fear the jury should improperly come to the conclusion that, because they might believe the prisoner had in fact committed the act, he must necessarily be guilty. And they were told that the act was in that case only one element of the crime, and that they must ascertain whether there was the guilty intent or no. Now this old Mr. Justice Common Sense, I thought, was very well worth listening to, and I heartily wished Mr. Justice Technical from the Old Court had been there to take a lesson; and I take the liberty of setting down what I heard in my dream for the benefit of future Justices Technical.