Mr. Chesterton: You will find before you, my Lord, a document, and you will find there that certain witnesses who are to be cross-examined at length will be free to go beyond certain admitted evidence. The formal witnesses are not to do so.
Judge (after perusing the “Conditions”): Yes, I think I take your point, Mr. Chesterman—or Chesterton—whatever it is. The point, I understand, is that you are cross-examining this witness as if he were a principal witness of the trial.
Mr. Chesterton: In the second paragraph I think you will notice——
Mr. Walters: It is not of great importance to me.
Judge: One moment: I will see. (After reading the paragraph referred to.) I think you are justified up to the point to which you have gone, but I should recommend you to terminate it with some rapidity.
Mr. Walters: I only want to ask one question. (To witness.) You did have a conversation with Mr. Datchery?
Witness: Yes.
Mr. Chesterton: I ask you to say, my Lord, that the Jury must entirely disregard the statement about the tapping.
The Foreman: How are we to dismiss it from our minds, my Lord? It is a very difficult point.
Mr. Walters: I think I shall leave the Jury to draw their own conclusions. All I want to know from Durdles is, did he have a conversation with Datchery?