His lordship directed the jury’s attention to the evidence, which he carefully avoided calling facts: not to the verbatim report of it on his note-book as some Recorders do, and think when they are reading it over
they are summing it up; but pointing out statements which, if believed, become facts and if facts, lead to certain inferences of guilt or innocence.
It was while the learned Mr. Justice Common Sense was thus engaged, that the warder in the dock suddenly checked the prisoner with these words:
“You mustn’t interrupt.”
“Why may he not interrupt?” asks Mr. Justice Common Sense. “What do you want to say, prisoner?”
“My lord,” answered the prisoner, “I wanted to say as how that there witness as your lordship speaks on didn’t say as he seen me there.”
“O, didn’t he?” said the Judge. “I thought he did—now let us see,” turning over his notes. “No, you are quite right, prisoner, he did not see you at the spot but immediately after.”
Then his lordship proceeded until there was another interruption of the same character, and the foolish warder again told the prisoner to be quiet. This brought down Mr. Justice Common Sense with a vengeance:
“Warder! how dare you stop the prisoner? he is on his trial and is undefended. Who is to check me if I am misstating the evidence if he does not? If you dare to speak like that to him again I will commit you. Prisoner, interrupt me as often as you think I am not correctly stating the evidence.”
“Thankee, my lord.”