CHAPTER XXV.

THE CouRTS AND LAWS OF CALIFORNIA AND THE STATES, condensed from
the Press, with explanations, etc.

x Buayk has been found not guilty” bythe jury. It has come to this,
A man of friends and influence may deliberately, without cause or provo-
cation, shoot his fellow-man down upon the streets, and then come before
the courts of this country, stand a mock trial, and go free. This is why
mob law prevails to such an alarming extent in our land. It is a fearful
thought. Just as certain as there is a world, things are getting into an
appalling shape. That the killing was deliberate murder, we believe no
man doubts. And yet he is acquitted by a jury of twelve [masonic] men
acting under solemn oaths. We believe these fellows to be perjured
scoundrels and detestable hypocrites, whose disgraceful conduct is a burn-
ing, blistering shame upon the people of the United States and our com-
mon humanity everywhere. This is past endurance, it mu«s be corrected,
or the fall of our institutions is inevitable.”

* *
*

‘“*The supreme court of nearly every State in the Union, including
California, can interfere in murder cases between sentence and execution,
and grant a stay of proceedings, review the case, and send it back for trial
over again on some flimsy pretext or technicality, These loopholes are very
convenient to [masonic homicides]. The law makes the bench of the
supreme court both Judge and jury, and this has often led to exasperating
delays of justice. The case of H.., one of the murderers in the county
jail, is an illustration of the force and sinister effect of legal technicalities.
He has been tried three times, and on the first trial was convicted of a
most brutal and revolting homicide. Yet on the flimsiest of legal quibbles
the supreme court reversed the decision of the superior court and re-
manded the case for trial again, and now nearly four years have elapsed,
and still the man is wearying justice and menacing the moral sentiment of
the community he has outraged, And, as is usual when such cases are
remanded [for a big price or secret influence], two subsequent trials have
resulted in jury disagreements, Witnesses have disappeared, public in-
terest in the case has partially died out, and the ghastly crime, which at
first caused ashudder of abhorrence, has become almost a reminiscence. It
is not surprising that in view of facts like these, the better classes are dis-
gusted with the operation of the [masonic] machinery of our so-called
courts of justice.”

** Confession of guilt not sugficient.—_M. W., who has been under tnal
for perjury, was acquitted to-day, The jury was out only fifteen minutes.
Much surprise is expressed [by outsiders] at the verdict, as M. W. con-

(468)

condensed from

has come to this.
-eause or provo-
then come before
.e, This is why
Tt is a fearful
» getting into an
er, we believe no
‘e [masonic] men
s to be perjured
conduct is a burn-
‘tes and our com-
nu«$ be corrected,

» Union, including
nee and execution,
nd it back for trial
loopholes are very
the bench of the
led to exasperating
brers in the county
egal technicalities.
vas convicted of a
est of legal quibbles
rior court and re-
ears have elapsed,
moral sentiment of
en such cases are
equent trials have
ypeared, public m-
ly crime, which at
a reminiscence. It
ter classes are dis-
y of our so-called

g been under tnal
hly fifteen minutes.

ict, as M. W. con:

Courts IN CALIFORNIA AND THE STATES. 467

——

fessed having perjured herself, but the jury acquitted on the ground that
the statevaent of guilt was not established.”

In the district court, this afternoon, Freemason, charged with murder,
who had been on trial a week, was acquitted by the jury. It appears that
the murdered man called Mason the usual western pet name, a ‘‘ s——of a
p——.” The jury in its report decided that a fellow, who called another
sucha name, deserved killing on general principles. [But had Mason been
killed for the same thing by a Christian, the courts would have called
it a ‘cold-blooded murder.”’]

‘In a recent case where there was a flagrant miscarriage of justice,
the Judge told the jury that ‘they had violated their oaths and had
disregarded the testimony, and that a jury composed of Indians would
have done better than they.’”

‘‘The graders of the S. P. R. R. were suddenly brought to a stand.
still last Wednesday by J. H. Moore, upon whose land they were tres-
passing. Moore appeared with a Winchester rifle and a revolver, while
several of his farm hands were armed with a variety of guns. Negotia-
tions are now pending between the proprietor of the ranch and the rail-
road, and if the right of way cannot be bought, the entire ranch will
be purchased.” [This was his only recourse, as the courts are sheer tools of
the masonic R, R. Co.]

‘Further, the influence of the railroad corporations at the land-
office in Washington has been a paramount influence, no matter under
what administration or who was Secretary of the Interior. [Just so he was
amason with whom the brethren could secretly and safely trade.] The
first extraordinary advantage gained was in 1857, when Black was at-
torney-general, on the application of certain railroad companies for
certified lists of their lands before the lands were earned. The attorney-
general held, that these lists could properly be furnished. What next ?
Later, the Secretary of the Interior held, that a complete legal title was
conveyed by such certified lists, and that they were equivalent to patents
and that he could not review the acts of his predecessors! This was a
short way of disposing of some extra million acres of land which had
never been earned, but of which the country was plundered. ‘The power
of these [masonic] corporations has been a controlling power, not only
in securing extraordinary grants of land, but in the successful retaining
of immense areas of land after their forfeiture.

They have invariably succeeded in their claims against the Govern-
nent in all controversies touching their land grants, where the Govern-
ment, or those holding under the Government, were parties. This is a
broad statement, but the reader need only to look back to the record for
the last thirty years to verify its truth. In other words, the [masons] have
controlled in the land-office, in the interior department, in the law department,
(nd in the legislature. The Indian, who, as the fable runs, expressed his
three wishes by demanding, first, all the rum in the world; second, all the

468 Courts IN CALIFORNIA AND THE STATES.

tobacco in the world ; third, more rum: faintly shadowed forth the raven.
ous greed of those [midnight] monsters. The [secret] powers which con-
trol at the seat of Government, also control the special legislation in a ma-
jority of the States. I do not now speak of what is termed corrupt influ-
ence, that is, the influence of unblushing, direct bribery. I refer to the
influence of [masonic] power, that sort of power which should alarm every
one of us. For it compasses society ; it has to do with every small and
large town and village; its connections are unbroken.

Put yourself in opposition to this power and you will quickly com.
prehend me. Resist in the courts an illegal encroachment on your
property ; bring suit for damages for injury to certain vested rights;
endeavor to restrain from a cruel and inexcusable trespass, and you
will speedily find your proceedings crippled by interlocutory motions,
by temporary injunctions, by dilatory orders, until, unless you bave
both, money to pay for the defense against these harassing methods [of
prostituted courts] and the courage to continue [‘‘twenty years”’] to the
end, you will abandon the attempt to maintain your nghts, or perhaps
accept some humiliating sum as a compromise, which does not even
serve to defray your legal expenses. This is an every day experienc.
They are grasping, deceitful, and unscrupulous. No court or legislature
will interfere to check the career of [masonic] corporations more power-
ful than courts or legislatures, [midnight rings], ever vigilant, ever active,
with a legal machinery perfect in every appliance, and a treasury in-
exhaustible.

It is impossible, to properly characterize the methods, or to picture
the widespread distress caused by them. The history of the past years
is filled full of these unhappy illustrations, and they are so glaring, that
it seems incredible the country does not take the alarm.”

‘Blank, charged with the murder of C.., was to-day acquitted by
the jury. The alleged cause of the killing of C.. is stated to be that
he was on terms of criminal intimacy with Blank’s wife.” [Which
always acquits a mason or odd-fellow. |

‘© A murderer hanged.

C.. was hanged here to-day for the murder of Blank. The crime
for which «).. suffered death was the murder of Blank, who had threatened
to kill C.. on different occasions, and had been criminally intimate with
his wife.” But this is no legal excuse for an outsider against one of the
gang. |

“July 2nd.—Blank, charged with intent to kill, has been acquitted.
Friends of good government think that a moneyed [or masonic] mau
cannot be convicted of murder.”

‘‘But the gilded [mystic] hand, which shoves by justice, must not be
strengthened by multiplying militia regiments—the people will not stand
that—but by stopping the traffic in juries, and by such an administration
of just and legal laws as shall meet the approval of the masses of

Ss.

forth the raven-
ywers which con-
yislation in a ma-
ed corrupt influ-

I refer to the
ould alarm every
every small and

will quickly com-
achment on your
yin vested rights;
trespass, and you
Jocutory motions,
unless you have
wssing methods [of
nty years’”] to the
rights, or perhaps
ch does not even
ery day experience.
sourt or legislature
ations more power:
vigilant, ever active,
and a treasury 1-

Ihods, or to picture
y of the past years
are so glaring, that

o-day acquitted by
s stated to be that
3 wife.” [Which

Blank. The crime
who had threatened
inally intimate with
against one of the

as been acquitted.
[or masonic] mau

stice, must not be
eople will not stan
h an administration
of the masses of

Courts IN CALIFORNIA AND THE STATES. 469

mankind in whose instincts justice has its safest and strongest earthly
throne.”

“Ex-chief Justice David 8. Terry, who has been the chivf counsel for
his wife during the entire litigation [of many years, wherein one Judge
would decide one way, and another the opposite, and perjury was openly
and confessedly practised without rebuke or punishment], was present
with his wife to-day, Sept. 3rd, 1888, in court to hear the reading of an-
other decision. When Judge Blank was about half through reading, Mrs.
Terry jumped to her feet and asked the Judge if he was going to order
her to give up the contract [of her former marriage with Sharon and which
had been declared valid by two courts]. Judge Blank told her to sit down.
Mrs. Terry’s face turned white with passion and she cried, ‘Justice Blank,
we hear that you have been bought! We would like to know if that is so
and what figures you hold yourself at. It seems that no person can get
justice in this court, unless he has a sack.’

Judge Blank told a marshal to ‘remove that woman from this court
room.’ The marshal grasped her arm, and in an instant Judge Terry
arose and exclaimed that no living man should touch his wife. With this
he dealt the marshal a terrible blow on the neck with his fist, which sent
him across the floor.

Then, with several deputies and by-standers, Terry was removed.
Mrs. Terry was also taken from the room and locked in the marshal’s
office.

A deputy was placed at the door, when Terry advanced upon him and
demanded admission, which the deputy refused. Terry put his hand in
his pocket and drew forth a dangerous looking dirk with a blade eight
inches long, and, with a curse, held it above his head and declared he
would stab any man who tried to keep him away from his wife. Terry
was then locked in the room with his wife.

A satchel, which Mrs. Terry had dropped in the court room during
the excitement, was found to contain an English bull-dog revolver with cll
six chambers loaded. She was turning to open the satchel just before she
was put out of the court room.” [If the courts are not reformed with
anti-mason ballots, lead and steel will be resorted to by victims, who will
be upheld by the people. |

‘**The case of Mrs. Myra Gaines, has now, after about forty years in
the courts, been decided by the Supreme Court in her favor for nearly two
nillions of dollars, The decisions of the courts below were also in her
favor. She has spent a large fortune and a life-time on this suit, which
nothing but some egregious defect in the legal system or some criminal
complicity on the part of the [Masonic] courts could have kept so long
from a final decision. And now the intention is to carry the case by some
extraordinary alleged right of appeal to the Supreme Court of the United
States, where it could not be reached in less than five years, and that at
ehormous expense.

acne eininiediienitesiosre oorsamiabeaeaee aetna

!
}
t
|

470 Courts IN CALIFORNIA AND THE STATES.

The prospect for a woman near four-score, and well worn out both in
purse and mind by long litigation, is not bright; and the question what
such laws, as have permitted all these delays, are worth, is a pertinent
one. The case is aggravated, if possible, by the fact that Mrs. Gaines is
exceedingly liberal and charitable, and means to bestow her means, when
recovered, in founding and supporting institutions for the benefit of the
working classes and the poor. She is, in fact, the Peter Cooper of New
Orleans.”
'

‘*Mrs. Gaines is a beautiful example of the effects of the legal system.
Recently a decision has been rendered in her favor, but even if it could be
carried out, she declares it would not benefit her, as all her interest has
been absorbed by a syndicate of lawyers and speculators. [A secret gang
required by prostituted courts.| In other words, she is in the same boat
with MeGarrahan and many other veterans, who have spent years in push-
ing their claims, only to find in the end that the lawyers and [Masonic]
lobbyists [that blackleg officials compel an applicant for justice to employ
and load with money,] come in for any coin that may be secured.” [Is
such a system of robbery any better than anarchy ?]

‘*There are 860 superfluous words in every deed, and 1240 in every
mortgage; and the people of NewYork pay every year $100,000 for the
recording of superfluous words.”

‘In February, 1870, the Supreme Court of the U. S. decided that
Congress had no power to make United States notes a legal tender for pre-
existing debts, and the reasoning of that opinion was to the effect that the @
legal tender acts were unconstitutional.

After changes in the membership of the court, it decided, that Congress
had power to make United States notes a legal tender for debts contracted
both before and after the passage of the acts. These conflicting opinions
diminish confidence in the court; any party in control of Congress and the
Executive can procure any decision by increasing the number of the
Judges, and ‘packing the court.’” [Would not a court, composed of
plain, honest men, be better than professional, technical gentry, so ‘‘learn-
ed in the law” that they cannot agree as to what it means, and make of
the courts a secret jugglery to gamble with, so that we have no security in
person or property. |

Wuat tHE Courts SHarce To Serrie A Marrer or $50,
‘“‘The case has been tried five times, and each time, except one, le
has received a verdict for from $3,000 to $7,500, which was always set aside.
He appealed to the Supreme Court, and the verdict has been reversed,
giving him no damages. The court costs are now $3,300, while the other
expenses on both sides amount to at least $20,000 [a tribute to the court
gang,]| and several parties have been ruined by the expenses of the case.
The value of the calves was $50.”

[And blacklegs say, we have a ‘‘ Good Judiciary.’’]

‘Rumors that the Jury had been ‘fixed’ in the interest of the

ie

——

orn out both in
1e question what
h, is a pertinent
t Mrs. Gaines is
yer means, when
he benefit of the
r Cooper of New

the legal system.
yen if it could be
11 her interest has
[A secret gang
s in the same boat
vent years in push-
ers and [Masonic]
justice to employ
‘be secured.” {Is

, and 1240 in every
ar $100,000 for the

U.S. decided that
egal tender for pre-
lo the effect that the

vided, that Congress
or debts contracted
conflicting opimions
lof Congress and the
he number of the
ourt, composed of
al gentry, 80 “learn
ieans, and make of

have no security 2

ER OF $50.
ime, except one, he
vas always set aside,
has been reversed,
00, while the other
tribute to the cout
cpenses of the case.

the interest of the

Courts IN CALIFORNIA AND THE STATEs, 471

—_$_$____- —

[Masonic] defendants brought the case to a standstill. Four men had
been slipped into the box [by the Masonic Sheriff], who should never
have been admitted. They belonged to the same Masonic lodge as de-
fendants.” [With Masonic officials, what ghost of a show has a Christian
for equal justice ?]

“A Judge has been found in Towa to drive the traditional coach and
six through the new law on purely technical grounds, and when it had been
so thoroughly discussed and adopted by so large a majority of the people.”

[If the courts were honest, they would pass on bills before the Legis-

lature adjourned, if at all, But why should two or three Masons override
the will and mature judgment of a large majority of the people, whose
servants officials are supposed to be ?]
“The first star route trial lasted three months, the second six and a
half. The cost of both trials has been about half a million to the Govern-
ment. One lawyer got $60,000, another $40,000, and another $34,000,
Next to the original steal and the [Masonic] verdict of acquittal, these fees
are the biggest scandal of the whole disgraceful business,”

(One of the gang plead guilty, and yet all were acquitted.
Of course, the “trial” was a farce, done by Masons for a blind
(as though they would punish and send to prison their breth-

ren for robbing other people), and to steal a half million more
in court expenses. |

War Anti-Mason JupGEs CAN DO.

“To three lawyers who put in bills amounting to $25,000 for services
in settling an estate worth $32,000, Judge Thomas Drummond said: ‘You
have charged $25,000 for sixty days’ services, These charges are infamous,
They are such as men who are scoundrels and thieves at heart would
make. This charge of $15,000 is cut down to $1500. Those of 85000
each to $500, Repeat such a piece of rapine in this court and I will dis-
bar every one of you.’ We trust that other Judges will imitate the
example of Judge Drummond, and repulse those legal pirates who plun-
der estates and often reduce their clients to penury.” [But when Judges
are brother Masons to these ‘‘ scoundrels, thieves and pirates,” they stand in
together to prostitute the courts against the people, And when Judges are ap-
pointed by ring dignitaries, these blacklegs are the gentry they choose
from. }

‘While evidence against the star route contractors and public officials
was strong and conclusive as to guilt, and the Government was defrauded
of large sums, and large sums of money were expended to secure indict-
ments, yet no person was convicted or punished, and no civil suits have
been instituted to recover the vast sums illegally and fraudulently obtained
from the public treasury.”

“A young lawyer went through town driving a portion of his first

ig
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4
f
F

472 Courts IN CALIFORNIA AND THE STATES.

law fee—a yearling steer. The fee consisted of $8.00 in money, a stack of
fodder, a silver watch, an old sow and the yearling.”

|Perhaps, all the poor devil had. If the courts were not
the swindling shops that they are, they would not require the
employment of these pirates at all. Zhe court clerk wotdd do
what formal writing was necessary, and the parties could make known
their own cases, For example, who knew her case or could make it
known to others better than Mrs. Gaines, after forty years ex-
perience with it? And she was willing and sometimes did plead
her own cause. Yet, to have any influence with Masonic ridden
courts, she was compelled to employ a whole gang of Masonic
pirates, with whom the brethren could secretly and safely trade. |

‘‘The time has come for a general leveling up with respect to the
jury service, and a thorough revision of the laws relating thereto seems
imperatively demanded. The people will not tolerate much longer such
miscarriages of justice as have recently been witnessed in various parts of
the country.” [Let it be made illegal for any official to belong to any « ret
sworn brotherhood. |

‘* Hardly a day passes without a legal decision which is contrary to
reason and common sense. The Scottish American Company has loaned
some millions of dollars in Chicago and vicinity. On attempting to fore-
close upon a piece of property, the defendant set up the plea that ‘ere
was no such company in existence.’ After weeks delay, a certified copy of
the Edinburg certificate of incorporation was offered in evidence of the
bona fide existence of the company. A day or two ago the court decided
that this was insufficient, and when asked what would be sufficient, replied
that ‘he did not know.’ To an outsider it would appear that a company
which had ‘exist ace’ enough to lend some millions of dollars, had
existence enough to foreclose upon its securities in case of default. But
it seems not.” [Is such jugglery honest ?]

‘*Less than half the number of Judges necessary to the 5,000,000 of
people of the State of New York is sufficient for nearly five times the
number of people in Iingland.”

‘‘The case of B.. (colored) on trial for marrying a white girl.—B..
was found guilty, and given the full penalty of the law. The only other
case under this law was dismissed, the Judge holding the law unconstitu-
tional.” [Is that equal justice ?]

“Tha man arrested for stealing a horse was discharged because he
proved that he was drunk when he took the animal.” [But that does not
acquit an outsider. |

‘‘When N.. was acquitted of murder, it was on the ground of insan-
ity. He was then brought up for examination as to his mental condition
and pronounced sane, after which formular he was released. All of which

mney, a stack of

rts were not
t require the
ork would do
ld make known
could make it
rty years ex-
imes did plead
asonic ridden
s of Masonic
L sufely trace, |
1 respect to the
g thereto seems
uch longer such
various parts of
ong to any » ret

h is contrary to
pany has loaned
empting to fore-
> plea that ‘there
ertified copy of
evidence of the
he court decided
sufficient, replied
that a company

of dollars, had
of default. But

the 5,000,000 of
y five times the

white girl.—B..
The only other
) Jaw unconstitu-

rged because he
ut that does not

pround of insan-
mental condition
od. All of which

is an exhibition of legal jugglery and humbuggery.” [At the expense of
the people. |

“The riot is but the shadow of the events that must follow such
farcial administration of our laws as occasioned the riot. It was plain
that the expenditure of a few thousand dollars [and masonry| had pur-
chased justice and robbed the gallows of its justdues. It demonstrates
that the traffic in juries, which has been so extensively carried on, will
eventually rob the pecple of their rights and protection, and in the end
their liberties.”

‘**Blank, one of the ‘good fellows’ referred toin the Huntington corre-
spondence, is now the Chief Justice of -—-. He was called a ‘good fel-
low’ because he could get a railroad bill passed when Governor of that
Territory with very little money. He was ounce Governor of also,
having received the appointment through the [masonic] influence of the
Central Pacific Company. He there |» trayed the Geutiles and defeated
the laws which he was sworn to uphold and vindicate, After he was driven
away from that Territory, the same [masonic| influence secured for him
the governorship of He was removed from that office on proof
that he had been accessory, both before and after the fact, to the worst
robberies and murders ever committed in that Territory. The Tribune
says: ‘The chain of evidence is almost complete, that he has been but the
abject, characterless and conscienceless tool of the [masonic] railroad
owners for something like a dozen years, and that aside from his allegiance
to [masonry] he is in every bone, muscle, nerve and heart-beat thorough-
ly corrupt.” [Such is the material that Governors and the ‘‘ good judiciary”
are made of by the masons. |

‘Tt is impossible to comprehend how such a verdict could be found
unless, indeed, money [and masonry] was plentifully used among the
jurymen, The case was plain enongh. His crime was deliberate and
premeditated. Each member of the jury which brings in such a, verdict
commits an offense against society and against the public peace. It is no
wonder that the natural criminal classes respond to.the impulse given
from the jury room, and that murders are all too frequent throughout the
country.”

**Ours is a Government of lawyers. In the senate there are fifty-
seven lawyers, five bankers, three each of merchantmen, railroad officials,
professional politicians, and manufacturers, two miners, two general busi-
hess, one editor and eight farmers.

In the house there are 195 lawyers, nineteen professional politicians,
seventeen merchants, twelve «ditors, eleven farmers, ten manufacturers,
five physicians, three railroad officials, twe each of civil engineers, miners
and mechanics, one clergyman, one ca;italist, and one metallurgist.
Lawyers get office because they are brought up to speak in public.”

‘One need not look further for the causes which started the bloody
riot than the statement of the noted lawyer, who defended the assassin, in

Sager

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474 Courts IN CALIFORNIA AND THE STATES.

which he flauntingly announced, that ‘he not only could have acquitted
the murderer if he had been so disposed, but that it was the first case in
which he had ever allowed a jury to convict a criminal client of his.’ T/ere
is more underneath this than he is willing to openly aver—a good deal more
than he will be likely to aver in the present mood of the people. It is
freely alleged that the jury was packed to bring in a mild verdict—half a
dozen wretches were slipped on the jury for that purpose—and, as he says,
if he had been so disposed they would have brought in a verdict of acquittal,
though the wretch had confessed his guilt and the proof was positive
against him. It was the knowledge that there was no security for life
under the law, that it was within the ability of [masonic] lawyers aided by
the defects of the law [themselves had fixed] and laxity of the courts to de-
feat justice, that aroused the people to such a pitch of indignation. They
felt that there was no other way to punish criminals [with secret influ-
ence] except by lynch law. The people had appealed and clamored for
justice over and over again. The press had exposed the iniquities prac-
ticed in the courts and jury rooms, and urged a reform, but no attention
was paid to it. The travesty of justice went on until it became intolerable.
It is the general failure of the dispensation of justice that at last aroused
the citizens to violent retaliation. It is the feeling that a [masonic] mur-
derer cannot be punished by law for his crime. It is the knowledge that
he will escape either by the corruptions of the lower courts, or the
supreme court will reverse the finding on some wretched quibble, and that
he will be remanded for a new trial and let out on straw [masonic] bail
until he escapes altogether. The supreme courts have acted as if they
were leagued with the criminal classes [they are chiefs of the gang] against
the peace and protection of society, and as if the objects of courts were to
protect instead of punish crime, [that is my experience with the courts],
They enlist upon the side of the [masonic] lawyer, and aid him with
quirks and technicalities to secure the release of his [masonic] client, or
to effect wearisome delays and continuances, which are tantamount to the
same result.”

‘The reign of law and order is restored; that law and order which
makes murder [and robbery] the safest trade, and which has made impo-
tent the administration of law against [masonic] crimes of society. We
have vindicated all practicul forms, and rules, and traps, and tricks. which
make the trial of a [ring man] a farce, and degrade the judiciary to the
sole end of having known and proved murderers [and robbers] saved from
conviction, and promoting the trade of [masonic] lawyers, Unthinking
persons [and the gang] speak of such popular impulse as a crime, forget-
ting that the right to protect itself against crime is a right of society, and
is conferred by it on its agents, and that society does not lose its right be-
cause its agents have become impotent,” [or because they are blacklegs,
traitors, thieves, and home-ravaging brothers in the gang], ‘IlI-judged
as it was in acting without organization, the feeling which moved it was

S.

have acquitted
he first case in
it of his.’ There
good deal more
e people. It is
_verdict—half a
and, as he says,
dict of acquittal,
oof was positive
security for life
lawyers aided by
the courts to de-
lignation. They
ith secret influ-
nd clamored for
. iniquities prac-
but no attention
came intolerable.
it at last aroused
a [masonic] mur-
e knowledge that
4y courts, or the
quibble, and that
y [masonic] bail
pacted as if they
the gang] against
of courts were to
vith the courts].
nd aid him with
asonic] client, or
antamount to the

and order which
) has made impo-
of society. We
and tricks, which
judiciary io the
ybers] saved from
vs, Unthinking
s a crime, forget:
Int of society, and
t lose its right be-
y are blacklegs,
hg]. ‘Til-judged
th moved it was

Courts IN CALIFORNIA AND THE STATES. 475

atrue representative of healthy public sentiment. Neither experience,
observation, nor public discussion has taught the people that the adminis-
tration of law is on the side of justice, law and order. They have seen
that its chief end is to give immunity to [linked criminals. ]

‘Here is what Horace Greely thought of the average lawyer :

‘Forlawyers toleague themselves for money ‘with the most consummate
of scoundrels, to become, as it were, accessories after the factto the greatest
of crimes and villainies by their paid laborsin shielding the perpetrators from
detection and punishment, or from being obliged to disgorge their dishonest
gains—all this has become a regular business transaction, and the
lawyer shares the spoils of the murderer and the robber, and
pockets the fee stained with the blood, or wet with the tears of some
wretched victim of fraud or force, from whom his client had just before
extorted it, with no less satisfaction than he puts into his pocket the last
dollar of the poor, deluded victim, who, having been plundered or cheated
of the greater part of his property by some other [Masonic] rogue, spends
the miserable remnant of it in the vain and deceptive pursuit of legal redress,
[And blacklegs say, ‘ we have a good judiciary.’] ”

‘‘Some time ago Blank instructed his lawyers to offer Cox $75,000 in
full settlement, which his attorneys refused, stating that it was not enough
to go around among them for fees, let alone what Cox was entitled to.
Blank’s funeral takes place to-morrow.”

[The courts are a secret robber-clan. ]

‘¢The shooting was done by Cox, and arose out of a difficulty about a
law suit. Cox went to Blank’s office and demanded $40,000 in settlement
of claims standing between them. On Blank’s refusing he drew a revolver
and shot three times. He says, he asked [Links] for $40,000, that he was
in absolute want, beggared, ruined [by the courts]. Links refused.
‘Then,’ said Cox, ‘I will attach your property.’ ‘I have prepared against

that,’ replied Links, ‘you can’t get a cent.’ Under the belief, that he
would not get justice in any way, Cox drew a revolver and fired.
It is the direct outcome of a slavish adherence to technicalities by the
Supreme Court, which so often ignores equity and outrages justice.”

“‘The acquittal of Cox by the coroner’s jury adds interest to the case.
In 1867, Cox commenced a suit against Links & Co. for $173,395, the
amount due him on a contract to grade a portion of railroad. Judgment
was rendered in his favor for the amount claimed with interest, $193,173.
The case was appealed and the judgment reversed. A second trial was
had, and judgment again rendered in favor of Cox for $268,655, There
was another appeal with similar results, and then a third trial with judg-
ment again in favor of the plaintiff, amounting this time to $378,477.
Links & Co, again appealed and the judgment was again reversed, and
judgment ordered in favor of the defendant. Under the exasperation of
this climax of decisions, last spring Cox made an assault upon Judge
Links, who had several times reversed the judgment in his favor. He had

476 Courts IN CALIFORNIA AND THE STATES,

been goaded to desperation by gross injustice. He had put his all into
the work for which he was seeking compensation,” [and the masonic
courts ..ade him blow in $75,000 more, and they deserved killing. ]

He had been made to dance attendance by the rulings of the [ma-
sonic] supreme bench upon the courts for nearly sivleen years, and had
for several years been borrowing money for his family to live upon, while
he was still being bandied back and forth, like a shuttle cock, between
the courts. After this assault upon the Judge a new trial of the case was
secured by another party coming into it, and it was sent back to the lower
court for the fourth time, where every judgment had been for the _plain-
tiff except one on demurrer, and every judgment in his favor had been
reversed on a technicality by the supreme court. As an outcome, Cox has
killed Links, The circumstances were such, that the jury decided that it
was done in self-defense.” [Why would not the killing of such courts be
also in self-defense ?]

‘This tragedy can be regarded in no other light than a logical conse-
quence of a pernicious [masonic] legal system which in ninety-nine cases
out of a hundred has more of [flawed] law than equity in it. The slayer
of Links is a victim of [masonic] technicality. Had there been more of
justice and less strained law in our courts, Links would be alive to-day.”

‘It is an outrage on the name of law for the courts to keep a case on
trial seventeen years, and during that time to repeatedly bandy it back
and forth between the courts” [and charge $75,000 for doing so. |

‘*No one can deny the magnitude of the injury done Cox, and such
delay would have been an injury even if there had been no merit in his
case. It is one of the [many thousand] cases which increase the popular
distrust o: [masonic] courts. When a man has a just claim against an-
other, the courts ought to help him collect it inside of seventeen yeas.
Such delays of justice is a denial of justice, for justice is nothing if not
executed. Such a course as that pursued in this [and so many thousand
of other] cases by the courts is not a private, but a public outrage, and
these cases must not be permitted by the courts to occur too often, for if
they do, it will be as Artemus Ward said: ‘Ten dollarsin the Judges’
pockets if they had never been born,’ ”

‘Every large city in the United States is, to-day, a smouldering vol-
cano, and the material that feeds the growing flames is the maladministra-
tion of justice, not only as regards murderers [and robbers], but as regards
everybody and everything that has money [and masonry] to back him or it.
The people are growing restive under the rule of riches [and masonry],
the power that controls our courts and makes the administration of justice
a hideous farce. The Cox-Links case was one in point. See how Cox
was robbed in due form of law for sixteen years; see whai a desperate
attempt was made to punish Cox for defending his life against the tyrant.
Did not the people have to interfere and say in decided tones: ‘Stop that.

ut his all into
the masonic
illing. |

; of the [ma-
ears, and had
‘@ upon, while
cock, between
f the case was
‘1k to the lower
for the plain-
wor had been
come, Cox has
decided that it
such courts be

a logical conse-
nety-nine cases
it. The slayer
» been more of
y alive to-day.”

keep a case on
bandy it back
ing so. |
Cox, and such
ho merit in his
se the popular
nim against an-
seventeen Yyeil's.
nothing if not
many thousand
ic outrage, and
oo often, for if
in the Judges’

mouldering vol-
maladministra-
but as regards
ack him or it.
and masonry],
ration of justice
See how Cox
hay a desperate
ainst the tyrant.
‘Stop that.

Courts IN CALIFORNIA AND THE STATES. 477

Let Cox alone.’ [And he was let alone] or the people would have had to
take the Cox-Links business pretty resolutely in hand.”

‘* All over the United States, in ten thousand different ways, this arro-
gance of the [masonic] money-power and its interference with the rights
of the people is being seen and felt, and the sentiment that is now
‘smouldering’ over it, may burst into volcanic flame and force at any
time. As time goes on, the outbreaks are certain to be fiercer and more
frequent unless the court [masonry] is removed.”

‘* After a [Masonic] assassin’s crime has been triumphantly committed,
a hunt is commenced for legal technicalities. It can scarcely be termed a
‘hunt,’ for any village attorney can pass a few hours in his library and
find or invent a cart-load of them. Dear to the [masonic cursed] court is
ihe dry, threadbare, venerable, time-worn technicality. Equally dear is
the new technicality. It is turned over and over, and inspected from vari-
ous stand-points with professional enthusiasm. No botanist surveys a
newly discovered plant or flower with such profound gratification as the
[masonic] court takes official cognizance of a new technicality. The at-
torney who cannot devise a technicality suitable for any phase of a
criminal proceeding, should bury his empty head in a sand-hill, and
grow up to be his own monument. The old moss-covered technicalities are
as dear to the [masonic cursed] judicial heart, as the dry bones of a fossil
mammoth are to the infatuated natural philosopher. The aspiring legal
practitioner surveys the judicial horizon with the same watchful care that
the astronomer surveys the Heavens, and the appearance of an important
new technicality awakens in his bosom emotions similar to those that
agitate the star-gazer on hailing the advent of anew planet. To keep
pace with the increase of technicalities requires incessant vigilance and
large libraries, Moses could present laws for the whole world, and for all
terrestrial time, condensed into so small a space that, printed on a slip of
paper, they might be pasted in the bottom ofa hat. The San Francisco
Law Library contains twenty or thirty thousand volumes, and yet our
legal practitioners often turn away from it in despair, not being able to
find in its whole vast collection the precise law book they want. Many
lawyers keep themselves poor by the absolutely unavoidable purchase of
law books, which might be more appropriately termed ‘technicalities bound
in calf.’ To be able to higgle over a technicality in learned style, to ex-
piate with due solemnity on all its Bunyan-like ramnifications relative to
some similar technicality, is really the path to legal success [in a prosti-
tuted court], and every lawyer knows it, and the bold [brother in the
gang] attorney frequently has occasion to wonder at the ease with which
the brain of a ‘learned Judge’ has been muddled [by coin or secret obli-
gation. |”

Every State legislature is a mill for incessantly grinding out new
[flawed] laws, which must all be construed and expounded in turn [for a
price], and each of which brings forth ite crop of decisions and technical-

Tt a
i
i
t
it
}

Sn ee a aN ares ee rece ee

478 Courts IN CALIFORNIA AND THE STATES.

ities with the multiplying powers of a grain of mustard seed. The bear-
ing of the laws of one State on the laws of another State must be expound-
ed, and the bearing of national laws on State laws must be expounded
also. In almost every State appropriations are regularly made for the
publication of what are termed reports. There are New York reports,
Massachusetts reports, Ohio reports, Michigan reports, Wisconsin reports,
and so on ad infinitum, These reports are grand depositories of technical-
ities. They contain the guesswork and opinions of a multitude of [conflict-
ing] Judges on all kinds of ingenious and infinitesimal points, and every
year they grow larger in size and more boundless in number. A pile of
them form a perfect arsenal of technicalities, When a shrewd lawyer
springs a new technicality on his opponent, procured from one of these
five dollar volumes, his opponent’s case is temporarily hopeless. The
usual recourse is to secure a delay on so.ne transparent pretext, and hunt
up enough ‘ authorities” and ‘‘ precedents ” to upset that technicality and
over-shadow it with another one.

If the Emperor of Japan should send a three-masted ship to San
Francisco, and request that it be loaded with a single copy of opinions,
dissenting opinions, digests, commentaries, recorded quibbles, and tech-
nicalities bearing thereon, that ship would sink so deep in San Francisco
Ray that the ablest shark in the Pacific Ocean would never be able to find
it. Ifa tenth part of our legal lore ever got to Japan it would tangle the
Oriental mind in a hopeless maze.

In addition to the various State governments engaged in the propaga-
tion of legal technicalities by annual publications, there are countless
private publishers engaged in the same business. They are all toiling in
the same field, and helping to roll up the great mountain of technicalities
that is gradually breaking the back of the goddess of justice.

Even when the vast conglomeration of disjointed law fails to meet a
particular case, the sagacious attorney may turn to the legal lore of England,
and grope through the legal fictions of a thousand years. Somewhere
among the mouldering rubbish he will find a valuable hint, or a techni-
cality centuries old that can be galvanized into life, and he will be able
to return to the charge with victorious vigor.

When a civil case has been decided perhaps for the twentieth time in
various courts and manners, and is no longer to be higgled over, it should
not be stated that the victor has proved the justice of his case, It would
often be more correct to say that his lawyers have literally worn out the
physical energies of their opponents, or have finally brought about « total
exhaustion of funds on the other side, Gold is a leading factor in the search
for justice, as well as a sinew of war. To the ambitious students of law
the candid professor should simply hold up a technicality and exclaim:
‘‘By this shall ye conquer.”

This practical part of the legal science is, to see that no rogue who can
raise money [or ring influence] shall ever be adequately punished, ‘‘ Bei-

The bear-

be expound-

e expounded
nade for the
Tork reports,
ynsin reports,
of technical-
e of [conflict-
ts, and every
x. <A pile of
wrewd lawyer
one of these

opeless. The
ext, and hunt
chnicality and

1 ship to San
y of opinions,
yles, and tech-
San Francisco
be able to find
uld tangle the

m the propaga-
s are countless
b all toiling in
f technicalities
e.
ails to meet a
re of England,
Somewhere
, or a techni-
e will be able

ntieth time in
pver, it should
hse, It would

worn out the
nt about « total
by in the search
udents of law

and exclaim:

rogue who can
hished, ‘‘ Bet

Courts IN CALIFORNIA AND THE STATES, 479

ter that nine guilty persons shall escape than that one innocent person
shall suffer,’”” was once the noble adage of Anglo-Saxon law. It has been
changed. It should now read; “ Better that a thousand [ring] cutthroats
should go unpunished than that a single, worthless technicality should go
unobserved.” Justice has long been blind. If she could get one eye open
and grow deaf, it would be a blessed thing for the American people.

Suppose our judicial system continues as it is for five hundred years.
How unhappy will be the fate of the people who live then! Imagine the
fifteen story buildings that will have to be constructed all over the land to
contain even a fractioual part of the many technicalities that will then be
in daily demand. When no place can possibly be provided, in spite of
merciless taxation, for the storage of accumulated law books, the impover-
ished citizen will be turned out of doors to make room for them. ‘‘My
children are homeless,” he will exclaim, ‘but, thank God, they have
plenty of law.”

Yes, America will then be truly a land of law, but the abode of justice
will be many thousands of miles away. Immense piles of law books [and
practical masonry] will crowd her out of the country.

So gloomy a view may not be necessary. Some day, in sheer des-
peration, our law-worn successors may fall back on the ten commandments
and make a grand bonfire of their Jegal lore and desiccated technicalities,
that will illuminate the continent from one end to the other. After the
fashion of the Moslem caliph at Alexandria they may declare: ‘If these
immense piles of law books, which it would require a hundred thousand
years to read, agree with Moses, we do not need them. If they disagree
with him they should certainly be burned.” After that [Masonic] mur-
derers and robbers will be very likely to get their necks stretched. Courts
will no longer virtually declare: ‘‘We know that the [ring] wretch before
us is guilty, but how can we punish him, when there is a technicality in
the way ?”

Foy the last.time the world will hear of demurrers, exceptions, object-

ontinuances, motions for three or four new trials, re-hearings, ap-
peals, re-appeals, writs of error, writs of supersedeas and all the other
tummery and dry-bones of a perfectly worthless judicial system.”

“Dame Justice appears to be not only blind, but deaf and dumb also,
And that is not a good thing.

When [the four Masonic criminals] were at last, after overlong delay,
brought into court yesterday for trial, their [Masonic] lawyers had the
coolness to ask for a further delay—and they actually got it.

‘*To make a motion,” they told the court. The proposed motion be-
ing a mere quibble and evasion. They propose to go back of the indict-
ment and attack the legality of the Grand Jury, it seems. What they
really want is to put off the trial as long as possible, and to use for that
purpose every possible cunning and unscrupulous device.”

AG

|
Al
ay
ai:

480 Courts IN CALIFORNIA AND THE STATES.

‘‘When the ‘four distinguished defendants,’ indicted for conspiracy
to defraud the city, which means the people of the city, and their six or
eight equally distinguished lawyers had got their delay from the judge,
an officer of the court said, ‘now we will get down to the common
herd of scamps.’” [Outsiders. ]

‘“‘The common herd of scamps,” forsooth. One, aged 17, sentenced
to two years imprisonment for burglary. Another, for grand larceny,
two years. Another, larceny, three years and a quarter in the peniten-
tiary.

It does not take long to turn off the ‘‘common herd of scamps.” But
pray, why should justice make this distinction? Is it right that rich
[Masonic] scamps, because they are able to hire ‘‘ distinguished lawyers”
shall evade trial, while poor scamps, friendless, unable to give large fees
to ‘distinguished ”’ counsel, are hurried to jail ?

Nearly 69,000 voters of New York expressed their discontent with the
existing management of affairs by voting for Mr. George. They were not
anarchists, as some silly people pretended, they were law-abiding but
seriously discontented citizens, and one of their complaints was against
the way in which justice is administered in NewYork. The election at
which they expressed their discontent was one of the quietest and most
orderly this city has ever seen. They did not elect Mr. George, but if
justice continues to make so large a difference between ‘‘ distinguished (e-
fendants’’ [Masons] and ‘“‘common scamps” [outsiders], as she has done
on so many occasions and years, the election of Mr. George, or possibly a
worse man, and not only that, but of Judges, prosecuting officers and legis-
lators as well, is a very certain event.

The American people are patient and long-suffering, but they are not
fools; and they all have votes.”

‘“Wuat iT Costs TO BE A JUDGE.
Some curious statements made before a meeting of the Bar Association.

At the meeting of the Bar Association of the city of New York some
time ago, Wheeler H. Peckham called attention to the fact that candidates
for judicial offices are subjected to assessment by political parties. .......
Originally a small assessment was paid, such as would be proper to cover
the necessary expenses of printing, &c., but of late the assessments are 80
large that it is impossible for any man to pay them without a consciousness
that he be buying a nomination. He prophesied that unless the evil was
checked the judiciary of this country would merge into as absolute a con-
dition of corruption as ever existed in any country. He said, that so seri-
ous an evil needed the most radical efforts to correct it. Ex-Judge Emott
said he had be. informed that the assessments now are sometimes as high
as $25,000. A man who is able to pay such an assessment forfeits nothing
but his self-respect, which of itself is enough to disqualify him. Buta
man not able to pay so large an assessment must mortgage himself to get

for conspiracy
and their six or
from the judge,
to the common

17, sentenced
grand larceny,
in the peniten-

fscamps.” But

right that rich
uished lawyers”
to give large fees

content with the
They were not
law-abiding but
laints was against
The election at
yuietest and most
Ir. George, but if
distinguished de-
, as she has done
rge, or possibly a
> officers and legis-

but they are not

r Association.

if New York some
+ that candidates
parties. ....---

} proper to cover
gessments are 80
t a consciousness
ess the evil was
s absolute a con-
eaid, that so seri-
Ex-Judge Emott
ometimes as high
forfeits nothing
lify him. But
» himself to get

Courts IN CALIFORNIA AND THE STATES. 481

the nomination, If he is elected, he belongs to the three or four men who
have advanced the money, and is bound to repay them through the patron-
age of his office. This, he thought, was the most corrupt aspect of the
case, He had been informed that candidates for the highest judicial
oflices had been notified to attend the committee meetings of political par-
ties, and kept dancing attendance in ante-rooms until the politicians saw
fit to see them, Then they would be told that tue assessment was so much
money. If the candidate said it was large, or larger than usual, he would
be told that the only question was whether he would pay the money.

Mr. Dorman B. Eaton said that the present system of nominations led
to the selection of men who could pay the assessments, sometimes regard.
less of the fact that the candidate was unfit. He thought that the old
English system of buying a place was more honest, because it was at least
open.

“For Five Caves.

A cause celebre which has occupied the courts for fourteen years and still drags
along.

This litigation has been under the consideration of thirty grand jurors
and eighty-four petit jurors; it has been presented to nine different trial
judges, and has twice been before the Supreme Court, five judges sitting
upon the bench at each time. The court costs alone amount to more
than $5000, and the attorneys’ fees are much more than that amount. All
of the eighty-four jurors have decided in favor of Johnson, but the courts
have uniformly set the verdicts aside on legal grounds because of the close
question as to whether there was probable cause on the part of the mem-
bers of the society for starting prosecution.

The larger part of a lifetime has been spent in useless litigation over a
few animals, the entire value of which was about $45. A number of the
farmers engaged in the suits have become hopelessly ruined, but still John-
son comes smilingly before the court, begins his suits, and readily pays
for them, though he is fast sinking into insolvency, and is already an
elderly man. Children of various ages, who testified when the litigation
first began, now lead into court their own children, who are nearly as old
as were their parents at the time they made their first bows to the courts.
The farmers are growing old, their money has leaked away through the
various legal crevices and found its way into other hands; homes have
been made poorer in every way, and still the case is dragged through the
tedious channels of the law, with but little more chance of a settlement
than there was fourteen years ago.”

‘Arter SEVEN YEARS IN Jatt.

Mr. Henry A. Frost, who was discharged from Ludlow street jail by
Judge Arnoux on December 28, after seven years’ imprisonment, ob-
tained yesterday from the supreme court of Kings county an order de-
claring all the proceedings against the petitioner and his clients, through

31

482 Courts IN CALIFORNIA AND THE STATES.

which he was incarcerated, to be null and void. ‘It has taken me seven
years to find out whether I could be imprisoned legally for protecting
a client,” said Mr. Frost to a Herald reporter. ‘‘My imprisonment has
broken up my home, alienated my friends, ruined my business, and left
me practically a beggar, with a broken down constitution.”

*¢The reason why the Willows (Cal.) Justice of the Peace attempted to
assassinate one of the constables with a knife, is said to be that the
constable did not bring his business into that Justice’s court.”

‘‘Shroder has been acquitted for the murder of Le Bere at Oakland,
The jury were out from Friday night to Monday afternoon. Transitory
mania and emotional insanity are now in criminal homicides what four aces
are in draw poker. But only the rich can afford these costly disorders,
A biased Judge and a jury to suit are good helps, Killing is no murder
in such cases.”

“It is useless to say that justice does its work with anything like
completeness. There have been 1517 murders committed in this country
this year, as reported by telegraph, which, of course, does not include the
whole number, whereas during the whole of last year there were but 1266,
As against this awful list there have been but 93 persons hanged, the ma-
jority of whom were negroes in the south, who may or may not have been
guilty, and 118 persons lynched, of whom the majority were also southern
negroes, whose guilt was many timesin doubt. Assuming that all were
guilty, the punishment of 211 persons where over 1500 murders were com-
mitted is palpably a failure of justice, and shows that the laws or the
methods of executing the laws are not sufficient to deter the commission
of crime. Many of these cases of lynching, and perhaps the majority of
them, were due, as the 7ribune says, to the fact that the people were ex-
asperated by the failure of justice, and hopeless that any penalty would be
administered. They have, therefore, in the very rage of despair, taken
the law into their own hands, and shut off the customary avenues of escape
by quibbles, delays and technicalities.” :

“THE Piston,

Dr. I. S. Ratlloch’s Lecture on its Use and Abuse, was delivered at
Union Hall last evening to a very large audience.......A tragedy was
again enacted in this city. I am going to try the courts and not the
case. I know little about the case, but I know enough about it to know
that it belongs to that kind for which there exists great provocation—one
that will cause such cases to increase rather than diminish, and calls for
some one to characterize it as it deserves. In short, I arraign our judges,
courts and lawyers, with their technicalities, delays, and procrastinations
as the grand inspiration of the most colossal and calamitous class of crimes
with which our community is afflicted. I refer to the crimes that rock
society to its foundation and threaten to loosen the very groundwork of
civil order, How much of this responsibility is due to the courts? Is

.

raken me seven
for protecting
prisonment has
isiness, and left
yn.”
ace attempted to
to be that the
rt.”
evre at Oakland.
yon. ‘Transitory
1g what four aces
costly disorders.
ng is no murder

ith anything like
in this country
s not include the
ve were but 1266.
, hanged, the ma-
nay not have been
vere also southern
ing that all were
nurders were com-
ht the laws or the
the commission
ly the majority of
e people were ¢x-
penalty would be
of despair, taken
avenues of escape

Was delivered at
. A tragedy was
surts and not the
about it to know
provocation—one
ish, and calls for
raign our judges,
procrastinations
us class of crimes
crimes that rock
groundwork of
the courts ? Is

Courts IN CALIFORNIA AND THE STATES. 483

—

justice so administered as to secure respect to its officers? Arethe courts
morally responsible for these startling crimes? I think they are, and I
arraign them for this fearful misdemeanor. The whole jury system,
grand and petit, has outlived its usefulness, Our jury methods are
defective and need reforming. That their defects are dangerous to the
public peace is well known to everybody except antediluvian judges,
conservative lawyers and post-pliocene philosophers. Property, life and
liberty are at the mercy of corrupt jurors when deputy officials have
the opportunity to carry on a little business of their own. The people
need not dread the soldier, the priest, the editor, the millionaire or the
devil, if there is only an open field and a fair fight. The man to be
dreaded is the shyster lawyer, and the power to be feared, a corrupted
court. The courts are the sheet anchor of the Republic, and when they
are gone everything is gone. To be yespected, the courts must be re-
spectable. There must be no more such decisions as the 8-to-7 decision,
whereby a man who was elected President was defrauded of his office.
The courts should get oui of the bogs of technicality and be what they
are intended to be, courts of justice. The merits of a case are lost sight
of in the legal quibbles listened to by the courts, A case in point 1s
that of the man who had a railroad contract and spent his fortune in
the work. For sixteen years he tried to have his claim adjusted by the
courts. He recovered judgment four times, but each time it was set
aside on a technicality. Despondent, poor, exasperated, he sent a human
being to his grave and himself to a felon’s cell. Ifthe courts had not
been derelict in their duty, couid not justice have been administered to this
man in sixteen years and the crime averted?” The lecturer next re-
ferred to the insolence of lawyers toward witnesses, which seems to be
not only allowed, but encouraged by the judges. He had seen attorneys
badger and abuse simple-hearted men and honest women who fell into
their clutches on the witness stand, and if they attempted fo resent the
impudence of the lawyers, the court immediately admonished them to
go slow or they would be punished for contempt. He knew of one
attorney in this city who was frequently engaged simply because his
eyes were monstrosities, and he could disconcert witnesses when he turned
his gaze full upon them. He considered that the glaring wrongs of the
courts were a prolific cause of crime. It is a common thing to hear men
say on the streets that the courts ought to be abolished and the people
form Vigilance Committees and take the law into their own hands. Many

practical merchants prefer to compromise unjust claims rather than go to

law, simply because they fear the uncertainty of the administration of

justice, Mr, Kalloch attributed the alarming decay of self-respect to

the crushing out of the sense of honor by law. Genteel bummers,

Nackmailers and vagrants have their carcasses protected by the courts, and

are saved from incarceration and labor by the judges, while the big-hearted

an Whose self-respect and honor were being toyed with by the judiciary

Stevo aR ES qo A nc tC AS ee oR sii = — “
si we : >

siasicmbe'or

5 tala

484 Courts IN CALIFORNIA AND THE STATES.

was driven to seek redress in crime.....Instead of «quity it is technicality,
and it is no wonder that men are driven to suicide and murder.”

‘* Lawyers have been as powerful in the courts, in many instances, as
in the legislatures. They have sometimes owned judges and thus got such
rulings from the bench as they desired. At other times, by their superior
intellectual force, or force of will, they have tyrannized over judges, and
thus carried on their unequal warfare against the public.”

From a Governor's Message.

‘‘The laws, owing to careless [?] legislation and decisions of the
courts, are in such a state of confusion that it is very difficult even for ex-
perienced members of the bar to arrive at any definite conclusion in regard
to thea, much less can a citizen exactly determine the rules that govern
his conduct, or the laws that guarantee his rights and privileges.”

[Suppose there are 100,000 lawyers in the United States, and that each on
an average, directly and indirectly, damages the people $10,000 ; see how much
that is: $100,000 x $10,000—$1,000,000,000 every year! and say, whether
or not, the whole horde should be abolished? THE CLERKS OF THE Courts
COULD BE REQUIRED TO DO, AT SLIGHT EXPENSE, THE NECESSARY CLERICAL
WORK, ETC., BELONGING TO A SUIT.

3.

, is technicality,
rder.”

ny instances, as
1d thus got such
yy their superior
wer judges, and

decisions of the
icult even for ex-
clusion in regard
rules that govern
vileges.”
s, and that each on
000 ; see how much
and say, whether
i$ OF THE COURTS
;CESSARY CLERICAL