WITNESSES.

Inangahua Times, Volume II, Issue II, 27 September 1880, Page 2

WITNESSES.

(Globs.) Mr Justice Hawkins Lad occasion the other day to repress a loquacious gentleman with, the remark that he ( never allowed a witness to make a speech on his own account.' The typo of witness to whom this observation i*3 applicable is one which is very well known to barristers, and almost fully recognised by them as one of the most troublesome with which they have to deal. This talkative witness is, in the first place, by no means a firstrate ally even to the side which ho appears to support. Running on in his own fluent style, ho gives his examiner no little difficulty in keeping him under control and guiding his steps along the path which lie lias been led to expect the man trill follow. His answers, when they are to the point, which is far from being invariably the case, are obsenred and cloj.'* gcd with a quantity of irrelevant and useless matter, so that it is difficult to sort out the useful and valuable information from the verbiage by which it is surrounded. The jury calic.l fpon to listen to his long-winded replies, con* stanfly mis.? the point of thorn, and are wearied and annoyed info the barpaia by the loss of time nud attention caused by the talker. Add to this that tho more fact of gossiping iv tho witness bos creates a Lad impression as to the common sense of the speaker, and diminishes thp wei;:ht of his evidence even when it n delivered with most clearness. Itis?, ticwi orov. when the ei'OJS-esami.'i^tion begins that tho Ir.qnnekm* wifncs-J does ihs mosc j ruiuous d;};j)<uro to h\< o^u side. The j cave which he comos to support is almost certain, like oilier case?, to hare its woik point? son.ir-wh"!"O or other, and while \i j is the object of the skilful examiner io ! avoid these ?miUT3, it is often cspc-^dincly i difficult for tho adverjnry to knov where to look for them and fi-iu them. 13 ut the witness who h fond of the sound of his own voice has no idea of nil tlrs. He cannot believe that anything which the says will dc lip.rm to the ccus-e. and he h almost, it not quite, as williug to be cotnraunicafive to t,he hostile counsel as he is to his own friends, 'i he former will, therefor^, by drswinc him out o!-'ain a capital insight into the enerjy's camp, and will very frequently, in disrour?;!!^ nffably v>~'.t\\ the loquacious cno, liil \v,on that very defect or iLw viueh ho ■wcilJ never liv.vo discorercd in -~y ct'ier wny. I

This species of witness resembles the od-wd tool, which it is proverbially dangerous to play with ; and a wise suitor will be disposed almost; to dispeaso with his services rather than give him the chance of rushing in to spoil tho play by deposing himself after the fashiou of a buil in a china shop. Witnesses have been divided by philo* sophie lawyers and observers of human nature into diflorent categories ; sad are often scientifically dealt with in Court by the counsel oa each side in accordance wi'h their respective characters, which may bo cither ascertained before hand by the solicitor, or gathered from their aps pearanee and first remarks. Next to the loquacious witness in point of injurious* uess to his own side come from the forgetful witness and the undecided witness. The former is almost always r.ffl : cted with an idea that his memory is good ; and he makes positive statements in perfect good faith, which he is afterwards happy if he can retract in time to save his reputation for honesty ; while in many cases this opportunity is cunningly withheld from him, and he is announced to the jury as a person whose deliberate statements are disproved by the clearest proofs, Both this variety and tho undecided witness are thoroughly untrustworthy in Court, and will contradict upon oath the evidence, which they gave most clearly in consulta* tion, and deny Iho essential facts upon which their legal adviser has built np hit Tnio'e case, To hesitate and pau3« trbJl« answering a question is almost as fatal to a man's character for veracity with the jury as to confess entire ignorance ; and the opposing barrister is pretty sure to o'serve the weak spot, and by a rigorous crosssexami nation increase the bad effect already created in the jurors' minds; If only sacli witness vrould admit their own weakness, and stick to what they really know and remember, while refusing to depose to what they have forgotten, it would be a great deal better for the interests of justice and of all parties concerned. The witness who i 3 troubled with vanity is an excellent subject for the crosss examiner, if only the latter caa affect with success to be impressed with his importance and talents; To keep up the reputation which his interlocutor seems to be willing to make for him, he will go almost any length, and swallow baits, which, if offered to him in any other shape, would not be looked at for a moment. Very similar is the coarse to be adopted with the ' knowing ' witness, who is determined to fence with his wig* ged persecutor, and is resolved that in the mental and verbal conflict he will get the best of it. If ho is allowed an apparent victory, and even indulged with the chance of making a telling repartee, he will become elated, and in the full flash of his triumph launch forth into confidences that nothing but flattery could estort. Of all other categorios of witnesses— and they have not yet been nearly ex» hansted — the most curious in some rest pects is the lyiag witness. Contrary to what might bo expected, this variety is one whom his adversaries fear very little. It is pretty well recognised at the Com* mon Law Bar that a false witness can, with any tolerable esercise of skill, in* variably be unmasked. It is so difficult to inyent and keep up a consistent tale which is devoid of all truth that only one man in a thousand can achieve the task with success when opposed to a clever barrister. A much more difficult task presents itself, it is true, when there is a large substratum of truth, and the lie consists merely of a single addition of perversion introduced by the witness and his frieuds. To defeat this sort of en« dence, traps must be iaid with extreme | skill and care, and the character of tht speaker must be exposed to the jury it» as clear a light as possible. For the habits of truth and falsehood imprest themselves in some mysterious way on the features and on the whole language and deportment of men ; and it is this very fact which makes the written report of a man's evidence so insecure a guide as to the impression produced by it apoa tho jury. _ mmmmm^ mmmammmmm^