A Philadelphia Lawyer in the London CourtsLeaming, Thomas
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A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
From a technical point of view, the "leading" nature of the direct
examinations, so noticeable in English courts, was especially
conspicuous in that this was a murder trial where no departure from
the recognized customs would have been permitted. One's ear grows
accustomed to questions which put the answer into the mouth of the
witness and require merely a monosyllabic assent; and one waits in
vain for the objection which, at home, would follow such infractions
of the rules of evidence as thunder succeeds lightning. In the
Dhingra trial, for instance, the Attorney General did not scruple to
ask such questions as the following:
_Q_: "Did you happen to look through the doorway and into
the vestibule and see the prisoner speaking to Sir Curzon
Wyllie and did you see him raise his hand and fire four
shots into his face, the pistol almost touching him?"
_Q_: "Did you see Sir Curzon Wyllie collapse?"
_Q_: "Then, was there an interval of some seconds and then
more shots?" (These killed Dr. Lalcaca.)
Nor did he hesitate to put such questions to another witness as:
_Q_: "Did you hear the noise of four shots and did you then
look and see the prisoner and did you see him shoot again?"
A police officer was asked:
_Q_: "Did you examine the pistol and find one undischarged
cartridge only?"
_Q_: "Had the other pistol six undischarged cartridges in
it?"
_Q_: "Did you find two bullets similar to these in the
wall?"
To such an extent was leading carried in the Dhingra trial that
occasionally the answer did not follow the lead, thus:
_Q_: "Did you ask him 'What is your name and where do you
live?'"
_A_: "I can't remember what I asked him."
The probable reason for the great latitude in this regard is
the fact that apparently nothing in an English trial is a
surprise--except to the jury. The court and counsel, knowing
practically all the evidence beforehand, are extremely lenient.
Not only are leading questions common but also questions asking for
conclusions--not for facts from which the jury may draw their own
deductions. Thus, in the Dhingra trial, a doctor, who was sent for
after the murder, was asked: "Did the prisoner seem calm, quiet and
collected?" A plaintiff, perhaps, will be asked: "How came the
defendant to write this letter and what was its object? Did he
consider himself remiss?" Of course an American lawyer would
successfully contend that a letter speaks for itself, while a man's
estimate of his own position could only be put in evidence by
repeating his admissions in that regard--not by asking his opponent
how he regarded himself.
Public-domain text, read in full here on John Shaqi.
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