Page:Colymbia (1873).djvu/191

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CIVIL AND CRIMINAL LAW.
185

ing to toss up for themselves, without employing the costly machinery of the law courts. This private settlement of causes was, however, so much against the interests of the lawyers, that they discouraged it as much as possible; and the judges themselves disapproved of it, as causes thus privately determined could not serve as precedents. The legal profession, consequently, tried hard to induce the legislature to pass an act making the private determination of causes by hazard not only illegal, but punishable as a misdemeanour; but hitherto they have not succeeded in their efforts; and many cases are thus irregularly determined to the great disgust of the whole legal profession. Nevertheless, there is always a great number of litigants who prefer that their cases should come before the regular courts; so that, as I said before, there is plenty of occupation for the lawyers in civil cases.

Criminal cases, such as robberies, assaults, forgeries, murders, and the like, are conducted in a different manner. The head of the police in the district where the crime was committed, is entrusted with the collection of the evidence. He is generally an intelligent person, and the way he sets about his work is peculiar. He first of all forms a theory as to the commission of the crime, and he sets his officials to get up evidence, all with the view of substantiating his à priori theory. All evidence that rims counter to the theory is set aside as irrelevant, and whatever seems in any way to corroborate it is carefully collected and methodically arranged. When the chief of the police deems his case complete, he brings it before the judge in court along with the person incriminated. Lawyers are engaged on either side, and the trial commences.