isingenuous witness who is
quick-minded, resourceful, thoroughly master of himself and his story,
pitted against a counsel as well endowed as himself. The most vivid and
precious of my memories is of a case in which a gentleman, now dead,
was sued for breach of promise, and was cross-examined throughout a
whole hot day in midsummer by the late Mr. Candy. The lady had averred
that she had known him for many years. She called various witnesses,
who testified to having seen him repeatedly in her company. She
produced stacks of letters in a handwriting which no expert could
distinguish from his. The defence was that these letters were written
by the defendant's secretary, a man who was able to imitate exactly his
employer's handwriting, and who was, moreover, physically a replica of
his employer. He was dead now; and the defendant, though he was a very
well-known man, with many friends, was unable to adduce any one who had
seen that secretary dead or alive. Not a soul in court believed the
story. As it was a complicated story, extending over many years, to
demolish it seemed child's play. Mr. Candy was no child. His
performance was masterly. But it was not so masterly as the
defendant's; and the suit was dismissed. In the light of common sense,
the defendant hadn't a leg to stand on. Technically, his case was
proved. I doubt whether I shall ever have a day of such acute mental
enjoyment as was the day of that cross-examination.
I suppose that the most famous cross-examination in our day was Sir
Charles Russell's of Pigott. It outstands by reason of the magnitude of
the issue, and the flight and suicide of the witness. Had Pigott been
of the stuff to stand up to Russell, and make a fight of it, I should
regret far more keenly than I do that I was not in court. As it is, my
regret is keen enough. I was reading again, only the other day, the
verbatim report of Pigott's evidence, in one of the series of little
paper volumes published by The Times; and I was revelling again in the
large perfection with which Russell accomplished his too easy task.
Especially was I amazed to find how vividly Russell, as I remember him,
lived again, and could be seen and heard, through the medium of that
little paper volume. It was not merely as though I had been in court,
and were now recalling the inflections of that deep, intimidating
voice, the steadfast gaze of those dark, intimidating eyes, and were
remembering just at what points the snuff
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