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The Gray Dawn by Stewart Edward White
page 106 of 468 (22%)
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.

On the adjournment of court Keith generally drifted over to the El Dorado
or the Empire, where he spent an hour or so loafing with some of his
numerous acquaintances. He was of the temperament that makes itself quickly
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