2012年4月19日星期四

leaving the rest to spread upward or

It struck Keith as interesting that in a room a stream should always be directed at the top of a fire, so that the water running down helps extinguish the flames below, whereas in attack at the bottom or centre merely puts out the immediate blaze, leaving the rest to spread upward or sideways. Taylor put himself on record against fighting fire from the street. "Don't want a whole lot of water and row," he maintained. "Get in close quarters and make every drop count." When Bert's enthusiasm palled, Keith always found men in the reading-room. The engine house was a sort of clearing house for politics, business schemes, personal affairs, or differences. Once a day, also, as part of his job in his profession, Keith went to the courthouse. There he sat in the enclosure reserved for lawyers and listened to the proceedings, his legal mind alert and interested in the technical battles. At no time in the world's history has sheer technicality unleavened by common sense been carried further than in the early California courts. Even in the most law-ridden times elsewhere a certain check has been exercised by public opinion or the presence of business interests. But here was as yet no public opinion; and business interests, their energies fully taxed by the necessities of a new country, were willing to pay heavily to be let alone. Consequently, lawyers were permitted to play out their fascinating game to their hearts' content, and totally without reference to expedience or to the justice of the case. The battles were indeed intensely technical and shadowy. Points within points were fought bitterly. Often for days the real case at issue was forgotten. Only one of the more obvious instances of technical triumph need be cited. One man killed another, on a public street, before many witnesses. The indictment was, however, thrown out and he released because it stated only that the victim was killed by a pistol, and failed to specify that his death was due to the discharge of said pistol. The lawyer who evolved this brilliant idea was greatly admired and warmly congratulated. The wheels of the law ground very slowly. One of the simplest and most effective expedients of defence was delay. A case could be postponed and remanded, often until the witnesses were scattered or influenced. But there were infinite numbers of legal expedients, all most interesting to a man of Keith's profession. His sense of justice was naturally strong and warm, and an appeal to it outside a courtroom or a law office always got an immediate and commonsense response. But inside the law his mind automatically closed, and a "case" could have only legal aspects. Which is true of the majority of lawyers to-day.

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