Richard Day's picture

    The Land of the Dead

    It was a chilly October day. I met her at the old courthouse. She was in her latter twenties and was very prim and proper but courteous and it was easy to get along with her.

    We were the first to sit in the pews provided. I describe them as  pews because the courtroom reminded me of an old church with high ceilings. The kind of space that created loud echoes as people wandered in for their hearing.  

    I bring this up because the courtrooms of today are usually smaller, the ceilings are the same height as any office building, and there is a less formal atmosphere. Much smarter use of space, saving energy and room.  You can get five courtrooms out of the old courtrooms. You make use of the newly found space by relying more upon the referees (lower judges) to take care of initial appearances and get a freer flow of case files through the system.

    But in these older structures there was more a feeling of awe. A feeling of the sacred. A good example of one of these older courtrooms is evident in films like Justice for All.

    As the courtroom filled there was a loud and disturbing sound, something like fingernails on the blackboard.  EEEEEK, ERRRK, EEEEK,ERRRK.....

    An extremely obese old man had just entered the room on a walker with wheels that needed some oil. He had a satchel of a kind hanging around his neck so his hands could be free to maneuver the device. I was going over the file with my client but the disturbance really made that impossible and we began laughing, quietly of course, shaking our heads.

    It took the old guy, who had to have been in his late seventies, forever to go down the wide aisle as he finally made it to the second pew from the front.

    The space filled quickly, lots of noise but when it was filled with people, the echoes softened.

    All these appearances were similar. If there was a will, the putative Executor would take the stand, the attorney would ask the proper question and five minutes later the will was formally admitted and the Executor appointed.  If there was no will, the next of kin took the stand, answered similar questions and the judge appointed the Administrator for the estate.

    The old probate judge, who had been serving in this capacity for over twenty five years entered from the front through his chambers.  ALL RISE. The clerk announced that the Probate Court for the Second Judicial District was now in session and the Honorable Judge Proctor took his seat behind the immense bench.

    After a brief introduction the clerk called the first case.

    All appearances for the Anderson estate please approach the bench.  The old man raised his hand and the bailiff came up to him and shushed him.

    An attorney with an older lady approached and went through the gate separating the masses from the sacred area of justice.  Tom Jones appearing on behalf of the petitioner your honor.

    Fine, Mrs. Anderson will you please raise your right hand, asked the Judge, standing and raising his hand.

    Do you swear that all answers given during your testimony today represent the truth, the whole truth and nothing but the truth, SO HELP YOU GOD?

    I do.

    Please take your seat over there. 
    Again this was the old courtroom and the witness chair looked like the chair Marlene Dietrich took in the movie Witness for the Prosecution. The witness took the stand and the attorney asked a few questions. The Judge always like to look like he had something to add, asking a couple questions. The Will was approved and the Executrix appointed.

    Two more cases were called and the old man kept raising his hand. The Bailiff just smiled and went toward him and shushed him.

    The fourth case was called by the clerk:

    Will all the people here for the Estate of John Smith please approach the bench.  No one moved

    He called the case again. The Bailiff approached the old man signaling that it was now his time.

    The old man rose, EEEEK ERRRRRK EEEEEK ERRRRK

    The old judge, who has seen everything from that pinnacle of judicial seats, sighs and attempts to hide his discomfort.  Thinking, how is this going to go down?

    Raise your right hand.

    Do you swear that all answers given during your testimony today represent the truth, the whole truth and nothing but the truth, SO HELP YOU GOD?

    I do.

    All right, take your seat.

    WAIT A MINUTE. I'M THE ATTORNEY, NOT THE WITNESS. Cried the old man.

    The entire courtroom broke out in laughter, including the judge.  The judge just lost it.

    From the back of the courtroom a skinny lady in her eighties stood and yelled:

    OH MY GOODNESS. I AM COMING, I AM COMING.

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