The Strand Magazine, Vol. 01, No. 06, June 1891: An Illustrated MonthlyVarious
General
The Strand Magazine, Vol. 01, No. 06, June 1891: An Illustrated Monthly
Various
English literature -- Periodicals; Short stories, English -- Periodicals
The Parliamentary Bar, probably the most lucrative branch of the
profession, is engaged in Private Bill business before Parliamentary
Committees. A popular Parliamentary Q.C. will make as much as £20,000
a year, and sometimes even those figures are exceeded. The leading
"silks" have always a great number of cases going on at the same time
before Committees of the Lords and Commons, and they spend their
day in walking from one committee-room to another, opening a case
here, replying on a case there, and cross-examining witnesses whose
evidence-in-chief they have never heard. This perambulatory practice
led to such abuse that in 1861 the committees decided not to allow a
barrister to cross-examine who had not been present during the whole
of the examination-in-chief, and recently Mr. Hanbury has endeavoured
to enforce this rule. No doubt it is, generally speaking, a wholesome
regulation, for the reiteration by successive counsel of the same
questions leads to an inordinate waste of public time and money. It
ought, however, to be enforced with moderation, for it by no means
follows that a counsel who has not heard the examination-in-chief
is the less able to cross-examine effectively. One of the objects
of cross-examination, it should be understood, is to elicit fresh
facts, and in that respect it is not necessarily dependent upon
evidence-in-chief.
Undoubtedly cross-examination is one of the most difficult as well
as one of the most important of a counsel's duties, and a barrister
who makes his mark in this particular function is pretty certain to
be in general request. It is no less important to know what questions
to put than what to refrain from asking. Many counsel are too apt to
imagine that by browbeating a witness, and overwhelming him with a
multitude of questions, they are conducting their cross-examination
effectively. Baron Alderson once withered up an advocate of this
character by remarking: "Mr. So-and-so, you seem to think that the art
of cross-examination is to examine crossly."
The Parliamentary Bar certainly numbers within its ranks several
highly-talented counsel, not the least eminent of whom are Mr. Pope,
Mr. Bidder, Mr. Littler, and Mr. Pembroke-Stephens, of whom we give
portraits. We have already referred to the great incomes that are made
in this department of the Bar, and when it is remembered that the work
is limited to the time during which Parliament is sitting, it becomes
apparent that the fees paid to leading counsel must be enormous.
Indeed, the fees marked on their briefs often amount to hundreds of
guineas, and the junior gets a sum equal to two-thirds of the amount
paid to the leader, except in cases where the latter receives a special
fee. And, added to this, both receive a refresher of fifteen guineas a
day. Surely such payment is excessive.
[Illustration: MR. LITTLER. MR. PEMBROKE-STEPHENS. MR. BIDDER. MR.
POPE.]
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