Reflections and Comments 1865-1895Godkin, Edwin Lawrence
General
Reflections and Comments 1865-1895
Godkin, Edwin Lawrence
Essays
cravat, but even those of them who will consent to put on a white
one do so with a certain shamefacedness and sense of backsliding,
and of treachery to some good cause, though they do not exactly know
which.
JUDGES AND WITNESSES
The proceedings in the recent Bravo poisoning case have raised a
good deal of discussion in England as to the license of counsel in
cross-examination--a question which recent trials in this country
have shown to possess no little interest for us also. In the Bravo
inquest, as in the Tichborne case and the Beecher trial of the last
year, the cross-examination of the witnesses was pushed into matters
very remotely connected with the issue under trial, so that the
general result of the inquiry was not, as in most cases, the
eliciting of a certain number of facts bearing on the question in
court, but a complete revelation of the whole private life of a
family, or of a certain part of it, and even of a whole circle of
families. The glaring exposure of matters usually kept close, and
not even talked about, formed in fact the great fascination of these
_causes célèbres_. It was difficult at the first blush to see how in
the Beecher trial Tilton's eccentric nocturnal habits could have
thrown any light upon the question of Beecher's guilt; nor in the
Tichborne case was it at all apparent that an answer to the inquiry
put to some witness--whether he had, at some distant period of time,
had improper relations with some persons not connected with the
case--could even remotely tend to settle the claimant's identity.
The _Pall Mall Gazette_, discussing this kind of cross-examination
resorted to for the purpose of breaking down the credit of a
witness--of "showing him up" to the jury, and thus inducing them to
pay less attention to his evidence than they otherwise would--has
stated the case in the following manner: "Suppose, it says, that the
legislature of a free country were some fine morning to pass a law
authorizing anyone who chose to take it into his head to compel any
inhabitant of the country to answer any questions he might think fit
to put with regards to the other's moral character, his relations
with his parents, brothers and sisters, wife and children, his
business affairs, his property, his debts, and in fact his whole
private life, and to do all this without there being any dispute
between them or even any alleged grievance, what would be thought of
such a law? Would it be endured for an instant?" Now, this, the
_Pall Mall Gazette_ continues, is to-day the law of England. It is
just to this odious tyranny which anyone, by bringing a suit, can,
under the vague and almost unlimited power to punish for "contempt
of court," force submission.
Public-domain text, read in full here on John Shaqi.
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