Humorous stories; Legal stories; London (England) -- Fiction; Trials (Breach of promise) -- Fiction
'The gentlemen of the jury want none of the impressions on your mind,
Mr. Winkle, which I fear would be of little service to honest,
straightforward men,' interposed Mr. Skimpin. 'You were on the
staircase, and didn't distinctly hear; but you will swear that
Pickwick _did not make use_ of the expressions I have quoted? Do I
understand that?'
'No, I will not,' replied Mr. Winkle; and down sat Mr. Skimpin, with
a triumphant countenance.
This "Will you swear he did _not_," etc., is a device familiar to cross
examiners, and is used when the witness cannot be got to accept the words
or admit that they were used. It of course means little or nothing: but
its effect on the jury is that they come to fancy that the words _may_
have been used, and that the witness is not very clear as to his
recollection.
How well described, too, and satirised, is yet another "common form" of
the cross examiner, to wit the "How often, Sir?" question. Winkle, when
asked as to his knowledge of Mrs. Bardell, replied that "he did not know
her, but that he had seen her." (I recall making this very answer to Boz
when we were both driving through Sackville Street, Dublin. He had asked
"Did I know so-and-so?" when I promptly replied, "I don't know him, but I
have seen him." This rather arrided him, as Elia would say.)
Skimpin went on:
'Oh, you don't know her, but you have seen her.'
'Now have the goodness to tell the gentlemen of the jury what you
mean by _that_, Mr. Winkle.'
'I mean that I am not intimate with her, but that I have seen her
when I went to call on Mr. Pickwick, in Goswell Street.'
'How often have you seen her, Sir?'
'How often?'
'_Yes_, _Mr. Winkle_, _how often_? I'll repeat the question for you
a dozen times, if you require it, Sir.' And the learned gentlemen,
with a firm and steady frown, placed his hands on his hips, and
smiled suspiciously to the jury.
_On this question there arose the edifying brow-beating_, _customary
on such points_. First of all, Mr. Winkle said it was quite
impossible for him to say how many times he had seen Mrs. Bardell.
Then he was asked if he had seen her twenty times, to which he
replied, 'Certainly,--more than that.' And then he was asked whether
he hadn't seen her a hundred times--whether he couldn't swear that he
had seen her more than fifty times--whether he didn't know that he
had seen her at least seventy-five times, and so forth; the
satisfactory conclusion which was arrived at, at last, being--that he
had better take care of himself, and mind what he was about. The
witness having been, by these means, reduced to the requisite ebb of
nervous perplexity, the examination was concluded.
How excellent is this. Who has not heard the process repeated over and
over again from the young fledgeling Counsel to the old "hardbitten" and
experienced K.C.?
Public-domain text, read in full here on John Shaqi.
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