Humorous stories; Legal stories; London (England) -- Fiction; Trials (Breach of promise) -- Fiction
A young legal tyro might find profit as well as entertainment in
carefully studying others of Mr. Skimpin's adroit methods in cross
examination. They are in a manner typical of those in favour with the
more experienced members of the profession, allowing, of course, for a
little humorous exaggeration. He will note also that Boz shows clearly
how effective was the result of the processes. Here are a few useful
recipes.
_How to make a witness appear as though he wished to withhold the
truth_._ How to highly discredit a witness by an opening question_._
How to insinuate inaccuracy_._ How to suggest that the witness is
evading_._ How to deal with a statement of a particular number of
instances_._ How to take advantage of a witness' glances_._ How to
suggest another imputed meaning to a witness' statement and confuse him
into accepting it_.
Another happy and familiar form is Skimpin's interrogation of Winkle as
to his "friends"--
'Are they here?'
'Yes they are,' said Mr. Winkle, _looking very earnestly towards the
spot where his friends were stationed_.
As every one attending courts knows, this is an almost intuitive movement
in a witness; he thinks it corroborates him somehow.
But how good Skimpin and how ready--
"'Pray attend to me, Mr. Winkle, and _never mind your friends_,' with
another expressive look at the jury; '_they must tell their stories
without any previous consultation with you_, if none has yet taken
place,' another expressive look. 'Now Sir, tell what you saw,' etc.
'_Come_, _out with it_, _sir_, _we must_ have it sooner or later.'" The
assumption here that the witness would keep back what he knew is adroit
and very convincing.
A REVELATION.
But now we come to a very critical passage in Mr. Pickwick's case: one
that really destroyed any chance that he had. It really settled the
matter with the jury; and the worst was, the point was brought out
through the inefficiency of his own counsel.
But let us hear the episode, and see how the foolish Phunky muddled it.
Mr. Phunky rose for the purpose of getting something important out of
Mr. Winkle in cross-examination. Whether he did get anything
important out of him, will immediately appear.
[Picture: Mr. Phunky]
'I believe, Mr. Winkle,' said Mr. Phunky, 'that Mr. Pickwick is not a
young man?'
'Oh no,' replied Mr. Winkle, 'old enough to be my father.'
'You have told my learned friend that you have known Mr. Pickwick a
long time. Had you ever any reason to suppose or believe that he was
about to be married?'
'Oh no; certainly not;' replied Mr. Winkle with so much eagerness,
that Mr. Phunky ought to have got him out of the box with all
possible dispatch. Lawyers hold out that there are two kinds of
particularly bad witnesses, a reluctant witness, and a too willing
witness; it was Mr. Winkle's fate to figure in both characters.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account