Then Fiddlestick, Q.C., rose to cross-examine, devoting his efforts to
trying to make Eustace admit that his behaviour had been of a nature to
amply justify his uncle’s behaviour. But there was not very much to be
made out of it. Eustace detailed all that had passed freely enough, and
it simply amounted to the fact that there had been angry words between
the two as regards the treatment that Augusta had met with at the hands
of the firm. In short, Fiddlestick could not do anything with him, and,
after ten minutes of it, sat down without having advanced the case to
any appreciable extent. Then several of the other counsel asked a
question or two apiece, after which Eustace was told to stand down, and
Lady Holmhurst was called. Lady Holmhurst’s evidence was very short,
merely amounting to the fact that she had seen Augusta’s shoulders on
board the Kangaroo, and that there was not then a sign of tattoo marks
upon them, and when she saw them again in London they were tattooed. No
attempt was made to cross-examine her, and on the termination of her
evidence, the Court adjourned for lunch. When it reassembled James
Short called Augusta, and a murmur of expectation arose from the
densely crowded audience, as—feeling very sick at heart, and looking
more beautiful than ever—she stepped towards the box.
As she did so the Attorney-General rose.
“I must object, my Lord,” he said, “on behalf of the defendants, to
this witness being allowed to enter the box.”
“Upon what grounds, Mr. Attorney?” said his Lordship.
“Upon the ground that her mouth is, _ipso facto_, closed. If we are to
believe the plaintiff’s story, this young lady is herself the will of
Jonathan Meeson, and, being so, is certainly, I submit, not competent
to give evidence. There is no precedent for a document giving evidence,
and I presume that the witness must be looked upon as a document.”
“But, Mr. Attorney,” said the Judge, “a document is evidence, and
evidence of the best sort.”
“Undoubtedly, my Lord; and we have no objection to the document being
exhibited for the court to draw its own conclusion from, but we deny
that it is entitled to speak in its own explanation. A document is a
thing which speaks by its written characters. It cannot take to itself
a tongue, and speak by word of mouth also; and, in support of this, I
may call your Lordship’s attention to the general principles of law
governing the interpretation of written documents.”
“I am quite aware of those principles, Mr. Attorney, and I cannot see
that they touch this question.”
“As your Lordship pleases. Then I will fall back upon my main
contention, that Miss Smithers is, for the purposes of this case, a
document and nothing but a document, and has no more right to open her
mouth in support of the plaintiff’s case, than would any paper will, if
it could be miraculously endowed with speech.”
“Well,” said the Judge, “it certainly strikes me as a novel point. What
have you to say to it, Mr. Short?”
Public-domain text, read in full here on John Shaqi.
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