We have spoken of cross-examination. Its legitimate object is not to produce startling effects, but to elicit facts which will support the theory intended to be put forward; but in most cases the first is aimed at, and frequently with success. Counsel, however, must perform this operation with much discretion. To a barrister who was recklessly asking a number of questions in the hope of getting at something, Mr. Baron Alderson said: 'You seem to think that the art of cross-examination consists in examining crossly.' Judges frequently give hints to counsel; to one who was terribly long-winded, the judge said: 'You have stated that before, but you may have forgotten it—it was so long ago.' Counsel must not allow himself to be carried away by the fervour of his oratorical powers, and thus overshoot the mark. Arabin, the Commissioner, a shrewd, quaint little man, uttered absurdities without knowing he did so. 'I assure you, gentlemen,' he one day said to the jury, 'the inhabitants of Uxbridge will steal the very teeth out of your mouth as you walk through the streets. I know it from experience.' When technical expressions are likely to be brought up in a case before the court, counsel should be careful to get posted up in them, or he may make a strange and laughable mess of it. A question of collision between two boats down the river Thames was being investigated. The master of one of the boats was in the witness-box.
'Now,' said counsel, cross-examining him, 'what time was it when the other boat ran into you, as you say?'
'It was during the dog-watch,' replied the mariner.
'You hear this, gentlemen?' said counsel, turning to the jury. 'According to this man's evidence, a boat, laden with valuable merchandize, is left in charge of a dog! And, guilty of such contributory negligence, this man has the impudence to come into court and claim compensation and damages!' And, turning to the witness again: 'Was your boat attached to a landing-stage?'
'No; to a buoy.'
'A boy! These are curious revelations. A mere boy is made to hold the boat! And where was the boy?'
'Why, in the water, of course!'
'This is getting more strange every moment. The poor boy is actually kept standing in the water whilst he is holding the boat! I had no idea such cruelties were practised in the shipping—shipping interest. The Legislature should see to this.' Then, fumbling among his papers, counsel went on: 'You said, when questioned by my learned friend, that you had gone on shore? Why did you go on shore?'
'To get a man to bleed the buoy. It wanted bleeding very much.'
'You went to get a surgeon, you mean?'