According To The Evidence by Henry Cecil

Author:Henry Cecil
Language: eng
Format: epub
Tags: According To The Evidence
ISBN: 9780755129300
Publisher: House of Stratus
Published: 2013-06-10T00:00:00+00:00

Chapter Nine

Cross-examination

While Mr Low was explaining matters to Jill, Duffield was considering whether to accept the advice given to him or not. Eventually he came to the conclusion that he must act just as he would have done had Mr Low not spoken to him. When an important witness gives evidence at the Magistrates’ Court, defending counsel is afforded an opportunity for what may be called trying him out. He can try every kind of cross-examination upon him, he can find out his weak spots, if any, he can see whether he is a man who is likely to lose his temper, whether he is a man who is likely to give way, if pressed, and so on. On the other hand, such cross-examination is a two-edged weapon, as it prepares the witness in advance, and, if counsel merely repeats his previous cross-examination when the prisoner is on trial, the witness is well prepared to deal with each question. Accordingly, the proper method to adopt varies with each case and each witness, and, for the most part, it is experience only which tells the advocate what course to adopt. He has also to remember that if he refrains from putting really important questions to the witness, the judge may think that they are afterthoughts and therefore untrue, and, in some cases, the jury may also be led to this conclusion. Although, therefore, the advantages of being able to cross-examine each witness before the trial are considerable, the experienced advocate takes the greatest care to ensure that he does not convert his advantage into a disadvantage. Even then, he may make an error of judgment or, even if his judgment is right, things may go wrong. Duffield, having considered all the circumstances, decided that he must test the colonel’s evidence pretty severely to see if it was likely to withstand his assault at the trial. In consequence, the cross-examination of Colonel Brain at the Magistrates’ Court a week later went as follows:

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