Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-01-26
A SHADY PROFESSION.
ONE OF IT'S FOLLOWERS MAKES IN
TEREsTlNG REVELATIONS.
Professional Witnesses Who Follow Their
Vocation In English Law Courts-They
Are Always Ready to Help Defeat the
Ends of Justice For Pay.

Vocation In English Law Courts-The,
Are Always Ready to Help Defeat tn,
Ends of Justice For Pay.
Except those lawyers, whether thew h.
magistrates, barristers or solicitors. whose
duties cause them to be brought in constant
contact with crime, few people know any
thing of the career of a professional witness
l may go farther, and say that few people
are aware of the existence of men who gair
q livelihood by giving evidence in the wit
ness box. Yet not only do they exist. but
they derive a substantial income from thei,
work.
l would divide them into two, classes
The first class consists ofsexpert witnesses
whose duty it is to assist Justice by giving
evidence of q technical description, which
only those versed IN. the special technical.
tiles of the case can give. The second class
consists 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 class there is little to be said.
AS a rule. they are men of irreproachable
integrity; who nave earned a we'll deserved
reputation in their respective professions
or businesses. Their evidence is often CON
ficting, but as rule it is given in good
faith.
Medical evidence is, I believe, always
above suspicion, but where 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 the value of property, his mind is as elias
tic as that of the a~uctiOneer, while if the
dispute be over the value of Il horse it would
appear that no two dealers in the kingdom
hold the same opinion. ~
1t has never been my lot to be engaged in
a horse case, but l know one dealer who has
a regular scale of payment for his evidence.
l would not accuse himo of perjury, but the
variety of his opinions on horseflCslt is GER
tainly remarkable. ! knew him 10 value
the same horse at two different times at 900
guineas and Ga5.
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 I venture to say that ! am the
cause of mauya man being at liberty. Yet
l have never been reprimandpd either by a
judge or a magistrate. Cases where the de-
tense is an alibi and cases of assault form
my chief stock in trade. ar H.
Thedefense of an alibi 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 as an independent
witness and not as a friend of the prisoner.
So if you swear that you saw a man at q
certain place at the time when the offense
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 prisoner. -.. = t
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 %redhanded, 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 defense. ..s @
The independent witness who happened
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 defense. 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 lisa professional
witness whose fee ranges from a e5 note to
a quart of beer.
The great drawback to my profession Is
that / am constantly obliged to change my
place of business. else l should become
more widely known than would be conven-
lent. At the outside I cannot appear be-
fore the same metropolitan magistrate
more than six times in a year.
have q permanent address which ia
known to several people, but most of my
time is spent in wandering from police
court to police court, both in town and
country. loaf about the neighboring pub
lie houses, and generally hear of some bust
ness in which my services would be accept
able. &
1have to exercise great discretion as 70
whom l tender those services, but I do not
often meet with a rebuff. A prisoner is not
generally s%crupulous as to the truth of his
defense. though sometimes he will try to
avoid paying for it. I make it a rule to get
at least a large share of my fee in advance.
Giving evidence as to character affords a
rich harvest both at quarter sessions and at
a-ssizes. The price for this evidence is high,
as it can only be given about once in 10
months, tither at the same court or before
the same Judge. Some brieaess barrister il
sure to recognize us and to tell the prose-
cutting counsel.
OF course the character i assume in Civ
ing this evidence varies with the position.
of the prisoner. The character Of the par
son of the parish where the prisoner has
lived at some former period Of his life is the
one which I have found most successful. /
have often been complimented by her ma
jesty's judges on my kindness of heart,
compliments which l. acknowledge with
that respect due to the dignity of the Law.
-Pearson's Weekly. 4=Fi htstf
|. General Henderson III.
WASHINGTON, Jan. 22.-General D.
B. Henderson, representative from
Iowa, is i'll from the effects Of a wound
received during the war which has con-
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