The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-11-16
PROFESSION SHADY,
One Who Has Long Followed !!
Makes Some Interesting
Revelations.
-
Professional Witnesses Who Fol-
low Their Vocation In Eng
fish Law Courts.
They Are Always Ready to Help Dsfsat
tbs Esd Of Justice for Rssssn-
able Fay.

Except those lawyers, whether they be
magistrates, barristers or solicitors, whose
duties causerthem to be brought In constant
with crime, few people know any
thing Of the career Of a professional witness.
/ may go farther, and say that few people
are aware Of the existence Of men who gain
livelihood by giving evidence In the wit
ness box. Yet not only do they exist, but
they derive q substantial income from their
work.
| would divide them into two classes.
The first class consists of expert witnesses,
whose duty 1t is to assist justice by giving
evidence-of a technical description, which
only those versed in the special technical
consists OF those witnesses whose business
1t is to defeat the ends of justice on behalf
,~ofSapybody who ban afford to pay them.
o tthe first class there u ltttls I'd be said.
An hS$rule. they afe men1of irrsproachable
INTEGRITY, who have earned y well deserved
reputation in their respective professions
or businesses. Their evidence is often con
'hicting, but Us d rule It Is given in good
faith, ,,.E X - ~ .t
Medical evidence is, I believe, always
above suspicion, butwhere the cause in dis
pute is merely one of damages, and expert
witnesses have to be called to give evidence
as to valuation, then the professional wit
ness has his chance. If the question relates
to tho value of property, his mind is as elias
tic al that Of the au~ctioneer, while II the
dispute be over the value of q horse it would
appear that no two dealers in the kingdom
hold the same opinion.
r. hoo novor 1Na<as7 m LIT tn ha onnO OQ6 in
a horse case, but I know one dealer who has
a regular scale of payment for his evidence.
l would not accuse him of perjury, but the
variety of his opinions on horsef1esh Is Ger.
tainly remarkable. I knew him to value
the same horse at two different times at 200
guineas and EOS.
But it is among the criminal classes that
the professional witness reaps the richest
harvest. OF these classes l have had large
experience, both in London and in the prov
inces, and l venture to say that l am the
cause OF many q man being at liberty. Yet
l have never been reprimanded either by q
judge or a magistrate. Cases where the dc
fensefis an 'alibi and cases OF assault form
my chief stock in trade. tGr
Tho defense Of an aalibi is always viewed
with suspicion, and therefore requires the
exercise of considerable ingenuity. 1t must
be remembered that the first object Of the
professional witness is not to commit per
jury, or rather not to say anything which
the jury would consider perjury. For this
reason it is best to appear AZ an independent
witness and not as a friend of the prisoner
q So if you swear that you saw a man at E
certain place at the time when the offenst
was committed, and it is proved that hi
was not ut that place, it is sufficient t.
prove that you were at that place yourself
| and so might have mistaken somebody els'
for the prisoner. .,.
= But the danger of attempting to prov
| an alibi without success is SO great in a cas-
IF importance that it is rarely resorted to
In cases of common assault and publI
house brawls, where the offender Is no
taken ~redhanded, the professional witness
can generally throw SO much doubt on tn
matter that an acquitta is the result
| Still, il these cases it is best not to depent
on an alibi for the defense.
The independent witness who happened
to be present at the time and who state
that the prisoner was the aggrieved part,
instead, of being the aggressor is the mos
useful man for the defense. The polio
stand in awe OF him. How often does
gentleman voluntarily come forward to sa
that the police used unnecessary violence
He is not volunteer. He lisa professions
witness whose fee ranges from a f5 note t
a quart of beer.
The great drawback to my profession
that l am constantly Obliged to change m
place of business. else l should becom
more widely known than would be CONVEX
lent. At the outside l cannot appear bt
fore the same metropolitan magistrat
more than six times in a year.
have q permanent address which |
known to several people, but most OF m
time is spent in wandering from polio
court to police court, both in tow an
country. I loaf about the neighboring pull
lie houses, and generally hear OF some bus
ness in which my services would be accepI
able.
have to exercise great discretion as t
whom | tender those services, but l do nc
often meet with q rebuff. A prisoner is nc
generally scrupulous as to the truth of b
defense, though sometimes he will try
avoid paying for it. l make it a rule to g
at least a large share of my fee in advanc
Giving evidence as to character affords
rich harvest both at quarter sessions and
a~ssizes. The price forthis evidence is higl
as it can only be given about once in
months. either at the same court or befol
the sAlae' judge Some b~rieless barrister
sure to recognize US and to tell the pros
cutting counsel. stF n
OF course the character l assume in gi'
ing this evidence varies with the positio
of the prisoner. The'uharacter of the pa
son Of the parish where the prisoner hi
lived at some former period OF his life ist
one WHICH | have found most successful,
have often been complimented by her m
jesty's judges on my kindness Of hear
compliments which l acknowledge wit
that respect due to the dignity of the Ia,
-Pearson's Weekly.