THE CROSS-EXAMINER'S VADE MECUM.

_Question_. Have you a right to ask any question in Court?

_Answer_. Certainly, and the questioning is left to my discretion.

_Ques._ What do you understand by discretion?

_Ans._ An unknown quality defined occasionally by the Press and the

Public.

_Ques._ Is the definition invariably the same?

_Ans._ No, for it depends upon the exigencies of the Press and the

frivolity and fickleness of the Public.

_Ques._ Were you to refrain from questioning a Witness anent his

antecedents, and subsequently those antecedents becoming known, his

evidence were to lose the credence of the papers, what would be said

of you?

_Ans._ That I had neglected my duty.

_Ques._ Were you to question a Witness on his past, and, by an

interruption of the trial, that Witness's evidence were consequently

to become superfluous, what would then be said of you?

_Ans._ That I had exceeded my duty.

_Ques._ Is it an easy matter to reconcile the interests of your

clients with the requirements of Public Opinion.

_Ans._ It is a most difficult arrangement, the more especially as

Public Opinion is usually composed of the joint ideas of hundreds of

people who know as much about law as does a bed-post.

_Ques._ In the eyes of Public Opinion, whose commendation is the most

questionable?

_Ans._ The commendation of a Judge, because it stands to reason

(according to popular ideas) that a man who knows his subject

thoroughly must be unable to come to any definite decision as to its

merits.

_Ques._ And in the eyes of the same authority, whose commendation is

the most valuable?

_Ans._ In the eyes of Public Opinion the most valuable commendation

would come from a man who is absolutely ignorant of everything

connected with a Counsel's practice, but who can amply supply this

possible deficiency by writing a letter to the papers and signing

himself "FAIR PLAY."

_Ques._ Is there any remedy for setting right any misconception that

may have occurred as to the rights and wrongs of cross-examiners?

_Ans._ Yes, the Public might learn what the business of a

cross-examiner really is.

_Ques._ I see, and having done this, can you recommend anything

further?

_Ans._ Having learned a cross-examiner's business, the Public might

then have time to attend--to its own!

* * * * *

Punch, Or The London Charivari, Volume 102, January 16, 1892 · 第 6 / 19 题