The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1893-08-31

PROFESSIONAL WITNESSES.
One Of Them From England Makes so,na
Interesting Revelations.
Except those lawyers, whether they
be magistrates. barristers, or solicitors,
whose duties cause them to be brought
in constant contact with crime, few
people know anything of the career of
a professional witness. I may 90
further, and say that few people are
aware of the existence of men who
gain livelihood by giving evidence in
the witness-box. Yet not only do they
exist, but they derive a substantial in
come from their work.
II would divide them into two
classes. The first class consists of ex-
pert witnesses, whose duty it is to as
sist justice by giving evidence of a
technical description, which only those
versed in special technicalities of the
case can give. The second class con-
sists of those witnesses whose business
it is to defeat the ends of justice on
behalf of anybody who can afford to
pay them.
''Of the first ella 8 there is little to be
said. AS rule they are men of ire
proachable integrity, who have earned
a well-deserved reputation in their re-
spective professions or business Their
evidence is often conflicting, but, as
rule, it is given in good faith.
medical evidence is, I believe, al
ways above suspicion, but where the
cause in dispute is merely one of dam
ages, and expert witnesses have to be
called to give evidence as to valuation,
then the professional witness has his
chance. If the question relates to the
value of property his mind is as elastic
as that of the auctioneer, while if the
dispute be over the value of horse it
would appear that no two dealers in
the Kingdom hold the same opinion.
ut has never been my lot to be en-
gagged in horse case, but know one
dealer who has a regular scale of pay
ment for his evidence. 1 would not
accuse him of perjury, but the variety
of his opinions on horselesh is certain
ly remarkable. 1 have known him to
value the same horse at two different
times at two hundred guineas and
twenty-five pounds.
but it is amongst the criminal
classes that the professional witness
reaps the richest harvest. OF these
classes have had large experience
both in London and in the Provinces
and venture to say that am the cause
of many a man being at liberty. Yet |
have never been reprimanded either by
judge or magistrate. Cases where
the defense is an alibi, and cases of as
sault form my chief stock in trade.
1.-THE defence of an alibi is always
viewed with SUSPICION and therefore
requires the exercise of considerable
ingenuity. It must be remembered
that the first object of the professional
witness is not to commit perjury, or
rather not to say anything which a
jury would consider perjury. For this
reason it is best to appear as an indie
pendent witness and not as u friend OF
the prisoner.
80 If you swear that you saw man
at certain place at the time when the
offence was committed, and it is proved
that he was not at that place, it is
sufficient to prove that you were at
that place yourself and SO might have
mistaken somebody else for the pris-
Oner.
''But the danger of attempting to
prove an alibi without success is so
great in a case of Importance that it is
rarely resorted to. In cases of common
assault and public-house brawls, where
the offender is not taken red-handed,
the professional witness can generally
throw so much doubt on the matter
that an acquittal is the result. Still in
these cases it is best not to depend on
an alibi for the defence.
"The independent witness who hap
pened to be present at the time, and
who states that the prisoner was the
aggrieved party instead of being the
aggressor is the most useful man for
the defence. The police stand in awe
of him. How often does a gentleman
voluntarily come forward to say that
the police used unnecessary violence!
He is not a volunteer; he is profess
ional witness, whose fee ranges from a
| fve-pound note to quart of beer.
! THE great drawback to my profess
sion is that am constantly obliged to
change my place of business, else l
should become more widely known
than would be convenient. At the out
side, I cannot appear before the same
metropolitan magistrate more than six
times in year.
81 have a permanent address which
is known to several people, but most OF
my time is spent in wandering from
police court to police court, both in
town and country. l loaf about the
neighboring public houses, and gener-
ally hear of some business in which nv
services would be acceptable have
to exercise great discretion as to whom
tender those services, but do not
often meet with rebuff. A prisoner
is not generally scrupulous as to the
truth of his defence, though sometimes
he will try to avoid paying for it. l
make it a rule to get at least large
share of my fee in advance.
''Giving evidence as to character af-
fords a rich harvest both at quarter
sessions and at assizes. The price for
this evidence is high, as it can only be
given about once in eighteen months,
either at the same court or before the
same Judge. Some briefess barrister
is sure to recognize us and to tell the
prosecuting counsel.
| ''Of course the character assume in
giving this evidence varies with the
position of the prisoner. The charac-
ter of the parson of the parish where
the prisoner has lived at some former
period of his life is the one which l
have found most successful. l have
often been complimented by her mai
esty's judges on my kindness of heart,
compliments which I acknowledge with
that respect due to the dignity of the