The Reminiscences of Sir Henry Hawkins (Baron Brampton)Brampton, Henry Hawkins, Baron
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The Reminiscences of Sir Henry Hawkins (Baron Brampton)
Brampton, Henry Hawkins, Baron
Brampton, Henry Hawkins, Baron, 1817-1907; Judges -- Great Britain -- Biography
When we were in consultation and considering the nature of this
evidence, and arranging the best mode of presenting our case to the
jury, Brown interposed, and begged that Mr. Ryland should call Mrs.
Brown as the _last_ witness, instead of first, which was the proper
course. "Because," said he, "_if anything goes wrong during the trial
or anything is wanting, Mrs. Brown will be quite ready to mop it all
up_."
This in a prosecution for _perjury_ was one of the boldest
propositions I had ever heard.
I need not say that good Mrs. Brown was called, as she ought to have
been, first. The lady's mop was not in requisition at that stage of
the trial, and the jury decided against her.
I was sometimes in the Divorce Court, and old Jack Holker was
generally my opponent. He was called "Long Odds." In one particular
case I won some _éclat_. It is not related on that account, however,
but simply in consequence of its remarkable incidents. No case is
interesting unless it is outside the ordinary stock-in-trade of the
Law Courts, and I think this was.
The details are not worth telling, and I therefore pass them by.
Cresswell was the President, and the future President, Hannen, my
junior.
We won a great victory through the remarkable over-confidence and
indiscretion of Edwin James, Q.C., who opposed us. James's client was
the husband of the deceased. By her will the lady had left him the
whole of her property, amounting to nearly £100,000. The case we set
up was that the wife had been improperly influenced by her husband in
making it, and that her mind was coerced into doing what she did not
intend to do, and so we sought to set aside the will on that ground.
Edwin James had proved a very strong case on behalf of the validity of
the will. He had called the attesting witnesses, and they, respectable
gentlemen as they undoubtedly were, had proved all that was
necessary--namely, that the testator, notwithstanding that she was in
a feeble condition and almost at the last stage, was perfectly calm
and capable in mind and understanding--exactly, in fact, as a testator
ought to be who wills her property to her husband if he retains her
affection.
The witnesses had been cross-examined by me, and nothing had
been elicited that cast the least doubt upon their character or
credibility. Had the matter been left where it was, the £100,000 would
have been secured. But James, whatever may have been his brilliance,
was wanting in tact. He would not leave well alone, but resolved to
call the Rev. Mr. Faker, a distinguished Dissenting minister.
Public-domain text, read in full here on John Shaqi.
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