The Gun Alley Tragedy: Record of the Trial of Colin Campbell RossBrennan, T. C. (Thomas Cornelius)
History
The Gun Alley Tragedy: Record of the Trial of Colin Campbell Ross
Brennan, T. C. (Thomas Cornelius)
Ross, Colin Campbell, 1892-1922 -- Trials, litigation, etc.; Trials (Murder) -- Australia -- Victoria -- Melbourne
“Perhaps the testimony which least deserves credit with a jury,” says
the author, “is that of skilled witnesses. These gentlemen are usually
required to speak, not to facts, but to opinions; and when this is the
case it is often quite surprising to see with what facility, and to
what an extent, their views can be made to correspond with the wishes
or the interests of the parties who call them. They do not, indeed,
wilfully misrepresent what they think, but their judgments become so
warped by regarding the subject in one point of view, that even when
conscientiously disposed, they are incapable of forming an independent
opinion. Being zealous partisans, their Belief becomes synonymous with
Faith as defined by the Apostle, and it too often is but ‘the substance
of things hoped for, the evidence of things not seen.’ To adopt the
language of Lord Campbell, ‘skilled witnesses come with such a bias
on their minds to support the cause in which they are embarked, that
hardly any weight should be given to their evidence.’”
The first criticism of Mr. Price’s evidence is that he is not an
expert on the subject, and indeed he made no pretence of being one.
He knew nothing about the subject beforehand, and his experiments and
reading were principally done after the event. For all he knows to the
contrary, the pith of all hairs may be identical. He made one admission
in the course of his cross-examination which absolutely destroyed the
probative force of his evidence. In his post-factum observations he
had examined hairs from several auburn heads, and he admitted that he
had found some hair as like Alma Tirtschke’s as the hairs from the
blankets. The “proof,” therefore, resulting from Mr. Price’s evidence
may be reduced to an elementary syllogism as follows:—
This hair is like Alma’s.
All hair like Alma’s is not Alma’s.
Therefore, this hair may (or may not) be Alma’s.
It was said earlier that Mr. Price might, on the facts he deposed to,
have been a powerful witness for the defence. Let us show how this
is so. Suppose, having deposed to the examination of the two sets of
hairs, exactly as given previously, he had been examined by Counsel
for the Defence, and had answered in the following way, would not his
answers have been fully justified by what he had already stated?:—
Defendant’s Counsel—Having examined the two sets of hair, are you of
opinion they did not come from the same head?—I am.
Can you give reasons for your opinion?—I can, many.
Public-domain text, read in full here on John Shaqi.
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