There would seem to be some need for watchfulness in our Courts of
Justice lest the customs and privileges which to so great an extent
have made them what they are should be allowed to lapse.
A great sensation was caused throughout the legal profession the
other day when it was reported in the Press that a witness, in giving
evidence, made the following remark:--"It goes in one ear and out of
the other. Perhaps that is because there is nothing to stop it." The
report stated that laughter followed, and, if that was indeed the
case, then we have no hesitation whatever in characterising it as a
most unseemly outburst.
If witnesses are to be permitted with impunity to snatch out of the
Judge's mouth the jokes which naturally arise out of their evidence,
our whole judicial system will be imperilled. In offering an
explanation as to why "it goes in one ear and out of the other," the
witness committed a grave breach of etiquette. That explanation, if
made at all, should have been made by the Judge in the first place.
Or if, after due opportunity had been given, his Lordship showed no
desire to avail himself of the opening, then the privilege should have
fallen to the examining counsel. If he in turn waived it, it should
have been open to counsel on the other side to snap up the chance.
We fail to understand how such a remark, coming from a witness, could
have been allowed to pass without rebuke from the Judge or protest
from the counsel, or some attempt at least to maintain order on the
part of the usher.
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