A Whim, and Its Consequences: Collection of British Authors Vol. CXIVJames, G. P. R. (George Payne Rainsford)
General
A Whim, and Its Consequences: Collection of British Authors Vol. CXIV
James, G. P. R. (George Payne Rainsford)
Fiction
Counsel.--"Pray, were you with the constable on the following morning,
when he went to trace and measure the steps?"
Witness.--"Yes, Sir."
Counsel.--"Pray which of the line of traces was it that corresponded
with the shoes of the prisoner?"
Witness.--"They were all the same. There were two lines, one from the
fish-pond to the haw-haw, and one back again to the spot where the
corpse was found."
"That is to say, merely to and fro," said the counsel.
Witness.--"Yes, Sir; I did not see any more."
"Pray, did you measure any body else's shoes?" was the next question;
but immediately the counsel for the prosecution rose and objected to
the course of the cross-examination.
He said "that nothing in the examination-in-chief could naturally lead
to the questions now asked."
"I seek, my lord," said Mr. B----, "simply to elicit the truth, which
is, I believe, the object of the court. The witness has admitted that
one of the men, in examining the spot after the murder, went from that
spot to the haw-haw and back; and that there were but two lines of
traces. Now I wish to show--"
Judge.--"I cannot allow the argument to go on. There are rules of
evidence which no one is better acquainted with than the counsel for
the defence. He must be aware that this line of cross-examination is
inadmissible."
Counsel.--"I bow to the ruling of the court. You may go down, Sir."
He had, in fact, obtained nearly all he desired; and it may be as well
to remark, that poor Mr. Taylor was one of those victims of the bar
who, on entering a witness-box, show a certain sort of nervousness,
which immediately indicates to cross-examining counsel, the existence
in their minds of a quality which may be termed _perplexability_;
which, like the scent of the hare or the fox, instantly leads the
whole pack in full cry after them. Poor Taylor was as honest a man as
ever lived; but yet, confounded by his cross-examination, and not very
well recollecting the exact circumstances of events which had taken
place when his hair was standing on end with horror, he had told, or
admitted--which comes to the same thing--an exceedingly great
falsehood. None of the men who examined the spot with Mr. Tracy, had
gone down to the haw-haw; but the counsel had put it in such a way
that, in his confused remembrance of the events, he was at first
afraid of denying it; and afterwards became persuaded it was true. Had
he remained much longer in the witness-box, and had the counsel been
permitted to pursue his own course, there is probably nothing in the
range of possibility which Mr. Taylor would not have vouched upon
oath; for he was becoming more and more confounded every moment.
The counsel for the prosecution saw the state he was in too well to
venture to re-examine him; and thus he was suffered to depart in
peace.
Public-domain text, read in full here on John Shaqi.
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