Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-20
cuRIosrrIRs OF EVIDENCE.
Leisure Hour. ]

Leisure HourJ
When the celebrated Sergeant Hill con-
Quoted defense at the bar Of the House
of Lords, he propounded a question to
witness which the counsel on the other
side objected to. After much had been
said on either side, the law lords Them
selves disagreed, and the bar and all
strangers were ordered to withdraw. After
an absence of two hours they were read
mitted, and the Lord Chancellor informed
Mr.. Hill that the house decided the ques-
ton might be put please you, my
lords" said the Sergeant, "it is so long
since | asked the question that l forget
what it was, but with your lordships' per-
mission / will put another !"
A witness was lately called on a trial at
the Old Bailey to prove an aibi. He
solemnly swore that the prisoner on the
night, and at the hour in question Q1:25
P. NJ was at home and in bed at distant
part of the parish. Nothing could shake
his testimony, for he said he had looked at
the clock just as the prisoner went up
stairs, and had set the clock right with
the church clock himself the same day,
and it was certainly ll:25 P. NJ, etc.
Pray what do you make the time now =
blandly asked the counsel who cross ex-
amined, pointing to a great white dial over
the dock. No answer was given. :" Don't
be confused-take your time. ask you
agaip-what is the time by that clock
now" The question was repeated several
times, and the witEess was evidently
bound to confess that he could not tell the
time at all. Singularly enough the clock
in the Court was standing at :25 when
he made this avowal
We remember country witness being
called at the assizes to prove that at par
ticular hour on a certain night the moon
was shining and at the full. There hap
| pened to be no almanac in Court, but the
evidence seemed to be satisfactory, for he
had obtained his information from ga
regular good London stationers almanac"
The question was asked in cross. examina-
ton, How did you obtain this London
stationer's almanac? Did you buy it 2"
buy it No; my father pasted it behind
my kitchen door nine years ago-the day |
was married" 1t need hardly be said that
information as to the moons age during
day in the current year was OF little value
from an almanac nine years old.
We may remark that all evidence of a
circumstantial character is received
with great caution, and no doubt rightly
so, on trial Take, as an illustration of
this, the evidence offered against prisoner,
of footmsrks. Nothing is more commonly
found than the impression of boot and
shoes near to a murdered body, or to prem
ises that have been broken into. A police
man is called as a witness on the trial, who
deposes that he took the boots off the pris-
oner on arrest; that he compared them
with the footmarks near the place of the
alleged crime, and that they corresponded
in every particular. You compared
them, suppose" usually asks the Judge,
"by placing the boots in the impressions,
and found that they correspondent p I" Yes,
my lord" The answer is fatal to that
branch of the evidence, for the placing the
boot in the impression found very possibly
caused the similarity relied upon. Inc
prudent officer places the prisoners boot
beside the footprint, presses it into the
earth, and then removing it, compares the
impression made with the one discovered.
| We remember an amusing little circum-
stance occurring during protracted trial
for felony in one of the midland counties a
few years ago. A boy, entering the Court
and making his way to the jury-box,
handed to the officer in attendance a
note addressed to one of the jury, the
| officer handing 1t, as In duty bound, to
'his lordship on the bench" The Judge
first asking permission-openeda and read
the communication. After a solemn pause
he remarked :" | think, sir, l had better
not hand you this at present. You could
not now comply with its suggestion, and it
might distract your attention from the very
serious case we are trying" The juryman
bowed, and the Judge carefully placed
the letter between the pages of his note
book. When the case concluded, about s
or at night, said the Judge, "There is
your note, sir. l am afraid it will give you
little pleasure now" The juror opened
and read il, smiled, bowed, and hastily
left the box, leaving the note behind,
| which, we trust, we were guilty of no
great indiscretion in reading. 1t was in
female hand:
Dearest Jim Mr.. and Mrs. Brown have Just
come, and have brought such lovely pair of ducks
You can't think and the onions and things for the
stuffng, and we'll have the pudding we left from
Christmas. I'll put them down to be ready at
sharp, because the B. must leave early-by the
train. Do leave that nasty Court. Say you're
poorly, or anything Mind, at We shan't
wait Yours, KITTY