The Present Picture of New South Wales (1811) by David Dickinson Mann
page 140 of 150 (93%)
page 140 of 150 (93%)
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from the punishment which, from a want of legal aid, they have
been compelled to submit to. In the answers of witnesses, I have myself heard of "No" being substituted for "Yes;" and what guarantee can there be for the obtainment of justice, where a possibility exists of the occurrence of such mistakes--mistakes on which the existence of a fellow-creature might hinge! If then the criminal court needs so strongly the introduction of counsel, the court of civil judicature is equally in want of similar aid, where subjects of the most complicated nature are frequently brought for decision, and where the difficulty of deciding correctly is almost, if not totally, insuperable. Considerable sums here depend upon the issue of a question, of the nature of which no one present is qualified to judge; and an appeal from the decision which ensues is frequently made to the governor, who is thus left singly to decide what has caused so much difficulty to a whole court! The utility, nay the necessity, then, of a professional assistant in these cases, must surely be evident to every one, and without such aid it is not possible that justice can be impartially administered. The ignorance of many suitors, even men of great opulence and respectability, is so deplorable that they cannot make you comprehend their own case, when called upon to state their grievance; but the possibility of having their cause pleaded by a counsellor would not only save the court itself a serious loss of time and a considerable degree of perplexity, but must surely lead to a more correct decision in cases of difficulty. By these means the discontent which now universally |
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