London (England) -- Description and travel; London (England) -- History -- 1800-1950
But counsel must not only be able to expound his case clearly, bringing
into prominence all its favourable points, and effacing or putting out
of sight all those of an opposite character, but he must also be
observant and quick enough on the spur of the moment to take advantage
of any rift in his opponent’s flute, of any weakness in his argument; he
must be sharp in dealing with the plaintiff, supposing he is for the
defendant, and especially so with his witnesses. He should, in civil
cases, by skilful cross-questioning, entrap the principal or his
witnesses into damaging admissions and contradictions. The following
case, if not _vero_, is _ben trovato_ to illustrate our meaning. A man
brought an action against a coach proprietor, for having by the
carelessness of the latter’s servants suffered bodily hurt, to wit, been
thrown from the coach on to the ground, the hind wheels of which passed
over his body, and injured his chest and lungs. In his
examination-in-chief he testified to these facts. Then the defendant’s
counsel took him in hand. As the plaintiff was about to leave the box,
’One moment, my friend,’ said counsel quite blandly. ’According to the
evidence you have just given, you obviously have suffered much; your
voice is gone, you say?’
’Yes, sir; I cannot speak above a whisper.’
’Very sad. The coach, you say, gave a sudden lurch backwards, and thus
threw you off the hind seat under the coach wheels? Were you sitting or
standing just then?’
’Well, I was standing up just then.’
’What made you stand up whilst the coach was in motion?’
’Well, you would have stood up had you been there.’
’Just answer my question; never mind what I should have done.’
’I don’t know why I should answer this question.’
The judge pointed out to him that he must answer it.
’Well, I wanted to look at a pretty girl who had passed the coach; you
would have done so.’
’Possibly.’ Counsel might have given him a sharper reply, but he did
not want to lose his hold over the witness by riling him. So he went
on: ’Possibly. And then, like the gallant gentleman you are, you kissed
your hand to the lady, and then the accident happened?’
’That’s about it,’ innocently replied the plaintiff.
’That’s how it happened,’ said counsel, turning to the jury.
And then, turning to the plaintiff again: ’And the coach-wheels passing
over you broke no bones, but ruined your voice, which we all can hear is
very weak; this must be a sad affliction, for you especially, because I
am given to understand that you were before this accident a famous
singer at free-and-easies and other convivial meetings, and made much
money by your voice?’
’That’s the fact,’ hoarsely whispered the plaintiff.
’Very sad. I am told your voice was not only melodious, but very
powerful. Perhaps,’ continued counsel in the most insidiously
flattering tones, ’you might give his Lordship and the jury a specimen
of what your voice was before this unlucky accident.’
Public-domain text, read in full here on John Shaqi.
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