This is the job of the Prisoner's Friend. Now 'The Book' lays down very
fairly that if he be an officer, or otherwise qualified, Prisoner's
Friend shall have all the rights of defending counsel in a civil court.
In practice, the 'blunt men' often make nothing of this safeguard. Many
courts I have been before had never heard of the provision; many, having
heard of it, refused flatly to recognize it, or insisted that all
questions should be put _through them_. When they do recognize the
right, they are immediately prejudiced against the prisoner if that
right is exercised. Any attempt to discredit or genuinely cross-examine
a witness is regarded as a rather sinister piece of 'cleverness'; and if
the Prisoner's Friend ventures to sum up the evidence in the accused's
favour at the end--it is too often 'that damned lawyer-stuff.' Usually
it is safer for a prisoner to abandon his rights altogether in that
respect.
But that should not be in a case like Harry's. The question of counsel
was vital in his case. I make no definite charges against Philpott and
Burnett. All I say is that it was _unfortunate_ that the two men most
instrumental in bringing Harry to trial should have been the only two
men with whom he had ever had any bitterness during his whole military
career. It was specially unfortunate that Burnett should be the first
and principal accuser, when you remembered that almost the last time
Harry had seen Burnett he had shown courage where Burnett had shown
cowardice, and thus humiliated him. This case could have been passed
over; hundreds such have been passed over, and on their merits, from any
human standpoint, rightly. Why was this one dragged up and sent stinking
to the mandarins? Well, one possible answer was--'Look at the history of
these three men.' And in the light of that history I say that Philpott
and Burnett should have been ruthlessly cross-examined by a really able
man, till the very heart of them both lay bare. Whether the issue would
have been different I don't know, but at least there would have been
some justice on both sides. And it may even be that a trained lawyer
could not only have got at the heart of the matter, but also prevailed
upon the Court not to be prejudiced against him by his getting at it.
For that brings you back to the real trouble. I could have done it
myself and gladly; if any one knew anything about these men, I did. But
if I, acting for Harry, had really cross-examined Burnett, asked him
suddenly what _he_ was doing in that dug-out, and when he hesitated,
suggested that he too was sheltering, and quite rightly, because the
fire was so heavy; or if I brought out the history of that night at
Gallipoli, and suggested that the animosity between the two men might
both explain Harry's conduct in the dug-out, and account for Burnett
having made the charge in the first place, thus throwing some doubt on
the value of his evidence--all that would have been 'cleverness.' And if
Public-domain text, read in full here on John Shaqi.
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