D. H. MERRIAM, Attorney at Law, Fitchburg.

Confirms statements of others.

Great inconvenience to witnesses themselves.

Have been witness in several cases this last winter.

Was at Worcester one week on expense which my witness fees did not cover.

C. H. MERRIAM, Attorney at Law, Leominster.

In a single case of mine at last term of Court the extra expense, beyond what it would have been at Fitchburg, was over $100.00.

In another case which I tried last week the extra expense for travel alone about $30.00.

I think the people have a right to demand relief, and that it should be left to an impartial tribunal to decide. allel to the case of petition for a town road.

Think it a parThe Legislature has

left the final decision to the County Commissioners, a tribunal outside of the district interested, &c., &c.

CHARLES FIELD, Attorney at Law, Athol.

Our remoteness from shire town makes it very expensive and inconvenient to litigate suits.

Are obliged to have witnesses longer than if Courts were

nearer.

We go through Fitchburg to Worcester.

The fare is $3.95. Our witnesses receive pay for only 40 miles, which makes 75 cents less than it costs them to get there.

I think this prevents witnesses from telling what they know, for fear of being summoned, so far Justice is defeated.

Have advised reference when I should not but for this cause.

Have advised giving up claims of less than $75, rather than litigate them at Worcester.

If a case is coming on on Monday, we must go to Worcester over Sunday.

There is difficulty in entering writs now that they are required to be entered on Monday.

Have practised in Franklin Court House.

A very good Court House, room very convenient.

I am inclined to think that we do not ordinarily get a trial in less than a year.

If we get a trial at Worcester in the same time as in other smaller Counties, we have one more term's costs.

(Witness instances two or three cases of great delays of witnesses and parties on account of distance).

G. H. WHITNEY, Attorney at Law, Winchendon.

Always has been my opinion that there are peculiar hardships in our part of County.

Have to get witnesses there at Court earlier.

So far as the trial of cases is concerned have no doubt of the interest of people in that section.

I was sorry on personal grounds to have the matter of division agitated because I thought of going to Worcester to practice; but I never had but one opinion on the subject.

(Witness instances cases of extra expense during last year). Had to go down to Fitchburg Sunday night with witnesses this Winter-in order to get to Worcester Monday morning.

MIDDLESEX.

ALONZO V. LYNDE, Attorney.

Was Register of Probate. Most of probate business done at Cambridge. All contested cases. Records there. Parties cannot get copies on same day that they do business. Frequently deferred business for persons on the Fitchburg road. Parties from a distance are frequently detained over night.

B. F. JACOBS, Cambridge, Attorney at Law.

Unquestionably two or three days' extra delay for persons from upper towns in Middlesex County. Great danger of docket breaking down.

There would be a very considerable gain by division, over and above the saving of expense in travel.

The extra expense in criminal cases still more considerable, because the District Attorney is and must be inflexible.

Illustrates by cases within his experience.

G. F. BAILEY, Attorney at Law, Fitchburg.
Concurs in general statements.

Has made an estimate of saving of expense to Fitchburg alone-between $2,000 and $3,000.

Gives some items, and among other things, says that our contested cases remain on an average four terms in Court.

Usual delay of two or three days longer for witnesses; witnesses are scattered. Suppose we go to Worcester with a case requiring attendance of twenty witnesses; find two or three cases before us; three or four cases may be settled in a night; difficult to despatch officers in a short time; liable not to find witnesses at home; witnesses very reluctant to go to Worcester. Cases frequently last over two or three days, which were not expected to last over one day; involves extra expense to parties in waiting and to witnesses themselves. Inconvenience to business men; very common thing for witnesses to say that they suffer $20 per day; have no doubt this is true. Inconvenience in insolvent practice. The interest of debtor is adverse to interest of creditors; his interest to get his case at a distance from his creditors. Three cases from Fitchburg lately carried to Worcester, although there is Commissioner of Insolvency in Fitchburg. My impression is very strong

that the extra expense to Fitchburg is $3000.00.

No professional evidence was introduced by the opponents of the division to contradict that of the above witnesses.

I submit, then, that this proposition is established. I only add that I put it to your humanity and justice, that the probate system of the county of Worcester ought to be reformed in twentyfour hours. Practically it turns out that that vast entire administration is in the city of Worcester,-120,000 people over that region of 1,600 square miles wholly in the city of Worcester. Every contested case is tried there as a matter of course. It is true that there is a poor little circuit twice a year in North Worcester; a probate judge comes around there and sits a day at a time, and

that is all they see of the guardian of the widow and orphan; for all the rest everything is done in Worcester. I say that should be reformed at once. That moment when the heir at law is receiving the estate, by the appointment of the law, by the side of his father's grave, is no time for taxing it,-no well chosen moment is that for laying burthens upon the diminished, and perhaps, inconsiderable fund at the best.

That moment when flesh and heart are failing; when the widow is brought to deliberate, by a great breach upon her life, what she shall do,-whether she shall try to keep the little son any longer at school or allow him to go; deliberating whether she shall remain in the old bridal house, endeared by the birth of her children, or abandon it forever,-is no time to separate her by a journey of fifty miles, from the guardian and father provided for her by the law. I submit that if the wisdom of Alfred had any application to any species of court, it was to this, that the Probate court "should come to every man's door;" and especially when it can teach all to feel that the bereavements of God are lessened by the kindness of the government. Do I doubt that judges do all they can to administer it? Certainly not. The names, the men are an answer. The system is wicked. Oh, reform it altogether.

That, sir, is one item. I have, then, made out my second proposition, that a sufficiently large mass for a county, suffer an enormous and grievous incommodity, in a way, and to an extent which they would not suffer it, if a new county were established.

And now if I make out my third proposition,-that the grant of the petition would do no injury to the great residues,—in Heaven's name, have I not made out a case? Have I "eaten of that root that makes the reason prisoner;" or is it true that I establish a clear and urgent case for division? Has anybody said that it does injury to any of the rest? It still leaves Worcester with a population of 95,000, and a valuation of $17,000,000; and Middlesex with a population of 150,000, and a capital of $78,000,000,-towering like their own monuments among the counties. Are they hurt, are they injured in the least degree, in regard to the specific ends for which a county is established? Will their dockets be any more crowded, their judges less learned, their

jurymen other than now they are? Will justice be more difficult to obtain; the settlement of estates more embarrassed; the registration and examination of titles more troublesome? If not, there is an end to the case. On the contrary the county of Worcester will find the peace and guarantee which she needs. If you grant this you will hear no more of Milford. Until it is granted there is no assurance and no certainty for anybody. I submit then, that that proposition is demonstrated. As far as it is possible to demonstrate any truth, our case is established.

And now, with a remark or two on some miscellaneous considerations I am ready to relieve the committee. It has been admitted on the other side that here will certainly be a large number of persons, a large amount of interests, and a great area, accommodated in regard to all the purposes for which a county is made to exist. But they say it will cost the county something to start it; and that there is some division of opinion among the people there in regard to the matter. I have already had the honor to answer; in the first place, that there are always, and in every county, some to whom the uses of the county are unimportant comparatively; as also others to whom they are comparatively necessaries of life. So to-day in Massachusetts; and so from the beginning everywhere, there were perhaps as many persons to whom it was a matter of little interest whether or not a county should exist at all, as there were of those whose pursuits and interests made it a necessity to them, and therefore I submit that the division of sentiment will weigh nothing in the judgment of the committee.

I have the honor, next, to submit to those among us who are anxious upon the consideration of expense, that they are a great deal more scared than hurt; and that in regard to this expense, they have overrated it, here and everywhere, four fold. Their whole two hundred thousand dollar estimate has collapsed, by the touch of the Ethurial spear of truth, to $60,000, land and all. I have submitted the estimates of Mr. Boyden, one of the most thorough experts in the county of Worcester; and I add to that the testimony of Mr. Phillips, who will take that contract to-day, and engage to make money by the operation. If you take out of that the $25,000, which Fitchburg is glad to pay, you will reduce