No sooner is it ascertained that a particular individual has a knowledge
of an awkward fact, than these worthies of the bar set to work to
extract the dangerous information from him. This is commonly attempted,
and often effected, by inducing the witness to relate what he knows, and
by leading him on to make statements that, on being sworn to in court,
will either altogether invalidate his testimony, or throw so much doubt
on it as to leave it of very little value. As the agents employed to
attain this end are not very scrupulous, there is great danger that
their imaginations may supply the defects in the statements, and
substitute words and thoughts that the party never uttered. It is so
easy to mistake another’s meaning, with even the best intentions, that
we are not to be surprised if this should seriously happen when the
disposition is to mislead. With the parties to suits, this artifice is
often quite successful, admissions being obtained, or supposed to be
obtained, that they never, for an instant, intended to make. In the
states where speculation has cornered men, and left them loaded with
debt, these devices of the eaves-droppers and suckers are so common, as
to render their testimony no immaterial feature in nearly every cause of
magnitude that is tried. In such a state of society it is, indeed,
unsafe for a suitor to open his lips on his affairs, lest some one near
him be employed to catch up his words, and carry them into court with
shades of meaning gathered from his own imagination.
At first, Timms was under the impression that the Burtons were going to
sustain the defence, and he was placing himself on the most amiable
footing with the females, three of whom might very reasonably be placed
within the category of matrimony with this rising lawyer; but, it was
not long ere he ascertained that Williams was getting to be intimate,
and had proved to be a successful rival. Davis, the nephew and heir of
the Goodwins, was a single man, too, and it is probable that his
frequent visits to the dwelling of the Burtons had a beneficial
influence on his own interests. Let the cause be what it might, the
effect was clearly to seal the lips of the whole family, not a member of
which could be induced, by any art practised by the agents of Timms, to
utter a syllable on a subject that now really seemed to be forbidden.
When, therefore, Burton appeared on the stand, and was sworn, the two
counsel for the defence waited for him to open his lips, with a profound
and common interest.
Burton knew the deceased, had lived all his life near them, was at home
the night of the fire, went to assist the old people, saw the two
skeletons, had no doubt they were the remains of Peter Goodwin and his
wife, observed the effects of a heavy blow across the foreheads of each,
the same that was still to be seen, inferred that this blow had
destroyed them, or so far stunned them as to leave them incapable of
escaping from the fire.
Public-domain text, read in full here on John Shaqi.
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