The Life of the Rt. Hon. Sir Charles W. Dilke, Volume 2Gwynn, Stephen Lucius
History
The Life of the Rt. Hon. Sir Charles W. Dilke, Volume 2
Gwynn, Stephen Lucius
Dilke, Charles Wentworth, Sir, 1843-1911; Great Britain -- Politics and government -- 19th century
The consequences which flowed from the technical construction put upon
the situation were these: In reality Sir Charles Dilke was the defendant
on trial for his political life and his personal honour. Yet although
Sir Henry James and Sir Charles Russell were there in court ready
briefed, neither was allowed to speak. Dilke's case against his accuser
had to be dealt with by the counsel for the Queen's Proctor, Sir Walter
Phillimore, who, though a skilled ecclesiastical lawyer, was
comparatively inexperienced in the cross-examination of witnesses and in
Nisi Prius procedure, and was opposed by Mr. Henry Matthews, the most
skilled cross-examiner at the bar. Sir Walter Phillimore also stated
publicly, and properly, that it was not his 'duty to represent and
defend Sir Charles Dilke.' So strictly was this view acted upon that Sir
Charles did not once meet Sir Walter Phillimore in consultation; and
witnesses whom he believed to be essential to his case were never
called. But that was not all. According to the practice of that court,
all the information given by Dilke was at once communicated to the other
side; but as Sir Charles was not a party to the suit, the Queen's
Proctor did not communicate to him what he learned from that other side.
In an ordinary trial the witnesses of the accusers are heard first. And
this order is recognized as giving the greatest prospect of justice,
since if the defence is first disclosed the accuser may adjust details
in the charge so as, at the last moment, to deprive the defence of that
fair-play which the first order of hearing is designed to secure. The
only possible disproof which Sir Charles could offer was an alibi. It
was of vital importance to him that the accusation should be fixed to
dates, places, days, hours, even minutes, with the utmost possible
precision. Then he might, even after the lapse of years, establish the
falsity of a charge by proof that he was elsewhere at the time
specified. But in this case, owing to the form that the proceedings
took, the opportunity which of right belongs to the defence was given to
the accuser. The accusation being technically brought by the Queen's
Proctor, who alleged that the divorce had been obtained by false
evidence, Sir Charles Dilke was produced as his witness, and had at the
beginning of the proceedings to disclose his defence.
Further, and even more important, the issue put to the jury was limited
in the most prejudicial way.
'On the former occasion,' said Sir James Hannen, 'it was for the
petitioner to prove that his wife had committed adultery with Sir
Charles Dilke.' (This, as has been seen, the petitioner failed to
prove against Sir Charles Dilke; the petitioner had to pay Sir
Charles's costs.) 'On this occasion it is for the Queen's Proctor to
prove that the respondent did not commit adultery with Sir Charles
Dilke.'
Public-domain text, read in full here on John Shaqi.
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