The Strand Magazine, Vol. 07, Issue 42, June, 1894: An Illustrated MonthlyVarious
General
The Strand Magazine, Vol. 07, Issue 42, June, 1894: An Illustrated Monthly
Various
English literature -- Periodicals; Short stories, English -- Periodicals
"I frequently held briefs for the Government of Canada, whose general
retainer I held, and also other briefs from Canada," said Sir Francis,
"and one of these gave rise to a dramatic incident. I was instructed
to apply to the Privy Council for leave to appeal on account of some
technical flaws in a trial for murder in Canada--the man having been
convicted. Whilst I was arguing and hoping to make a good impression on
the Court, a telegram was put into my hands. It read: 'So-and-so (the
criminal) was hanged by order of the Governor-General at nine o'clock
this morning'! It did not seem necessary to continue the argument after
that. I recollect my point: it was that the case had never been sent
before a grand jury!
"Ballantine! Yes. I was on several occasions associated with him.
He was the most brilliant cross-examiner I ever heard--I don't say
the best, for he never knew his brief. But his tact and readiness
were extraordinary. I remember a divorce suit in which the husband
petitioned against the wife. Ballantine and I appeared for the
petitioner. The evidence was very much in favour of the wife as given
by her maid--a very modest, unassuming girl. It came to Ballantine's
turn to cross-examine.
"'What shall I ask her?' he said to me.
"At that moment somebody at the back of the court--I never found out
who--whispered to me: 'She had an illegitimate child while in her late
mistress's service!'
"I whispered this on to Ballantine, adding that I knew of no ground
whatever for the imputation. He got up--and something like the
following took place:
"Ballantine: 'I believe something serious happened whilst you were in
your late mistress's service?'
"Maid: 'Yes, sir.'
"'Something very serious?'
"'Yes, sir.'
"'I believe you left?'
"'Yes, sir.'
"'When you left, did she mention it to your new mistress?'
"'No, sir.'
"'If she had done so, do you think you would have got your present
situation?'
"'No, sir.'
"'If she were to mention it, do you think your mistress would keep you?'
"'No, sir.'
"Ballantine sat down. Sir John Karslake, for the respondent, thought
it best not to re-examine, and Lord Hannen, in summing up, remarked
that no doubt there might be something in the matter to which Serjeant
Ballantine had referred, which might induce the girl to desire to stand
well with her mistress, and Sir John Karslake had not felt inclined
to re-examine! We won our case. The real truth, I believe, was that
something--some article or the other--had been lost, and the girl was
supposed to have been implicated in it.
[Illustration: LORD BROUGHAM'S LETTER.]
"I have had doubts since whether the tactics were perfectly
defensible--but you see the skill. Absolutely nothing was risked,
because it would have been easy to retreat if the first answer had
been unfavourable. A blundering advocate would have blurted out the
offensive suggestion, got an indignant negative, set the judge and jury
against him, and been considered a brute.
Public-domain text, read in full here on John Shaqi.
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