Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1906-08-08
SLIPS OF NOyELISTS
LEGAL MISTAKES THAT HAVE BEEN
MADE BY GREAT AUTHORS.

MADE bf GREAT Az lHORo
Dickens and the Famous Case at
BardciI versus pIcISN,iclS-rhc Trial
Scene In Rende's 'IIard Cash"
TrollOpc's Dip Into the LAW.
Legal Actions" says one OF Ctibcrt's
gondoliers. ARE solemn things" Yet
It Is curious how seldom novelist
ventures into law court without drlv-
ing his quill through acts OF parliament
and rules OF law alike.
That Dickens knowledge of law. like
Mr. Wcller's of London. was extern
sive and peculiar Is amply demon
stratcd by the famous case Of Bardcll
versus Pickwiclx students % that re
port may have been struck 10y the fact
that neither plaintiff nor defendant 0p-
pearcd Ia the Witness box. The ex-
PLANTATION Is that AT that time parties
upon the record" were not competent
witnesses, their interest In the case be
ing regarded as too strong a tempta-
ton TO- shall we say, lnaccuracy. But
had Dickens been u lawyer Mr.. Wrinkle
and his friends might also have been
spared the ordeal of cross examination
and their friends and admirers de
prived of many merry moments.
In his anxiety 20 satirize the abuses
Of cross examination Dickens over.
looked the legal rule that the counsel
who calls witness Is not permitted 70
cross examine him at all. but, on the
therefore had SERGEANT Buzfuz permit.
ted the Pickwickians 10 be called us
witnesses for the plaintiff (Which he
would have known better than 10 do
their version of the words heard
through the door ION the jar" must
have been accepted, and az tho first at.
tempt to badger either OF them it would
have been the learned counsel for the
plaintiff who received his lordshlp's In.
junction "to be careful"
But all lovers OF Dickens win rejoice
at his Ignorance Of the rule which
forces counsel never % call a hostile
witness. Who could bear 70 be deprlv
cd OF the evidence of AR Samuel Wei
lerg
Exactly the same mistake a. made 10y
Anthony Trollopc I'm his we'll known
novel THE Three Clerks" There the
hero. Alaric Tudor. Is placed upon his
trial for misappropriatinR trust money
and defended 10y that famous leader
Mr. ChafTanbrass OF the ola Bailey.
Tudor's Mephistopholes the Hon. Tn.
declmus Scott. Is called. much against
his VIII. as a witness for tho defense
cross examined 10y the celebrated Chat.
fanbrass. forced 10 confess his mis-
deeds and dismissed covered with
ignomlny, Ia be subsequently expelled
from his club-poetlc Justice which
would have been defeated even 10y @
chairman OF quarter sessions.
The great theoretical and practica,
knowledge OF law possessed 10y Charles
Reade saved him from this error, as
from many others. Yet the famous
trial scene I'm Hard Cash" would have
been ruthlessly deprived OF It's most
dramatic moment 10y any Judge of the
high court. When The haplcss Alfred
Hardy, who has been wrongfully I'm
prisoned In an asylum 10y hls wicked
father, comes at last TO establish hls
sanity before n jury. his ease Is closed
by the reading of letter from his
dead sister Writing at the point Of
death. she solemnly denies his insanity
and bcgs him 10 show her words to his
accusers when she ia no moro Read
aloud by tue judge himself, her letter
reduces n crowded court 10 tears anG
goes far 20 secure her brother trium
plant verdict. with heavy damages.
A..
fact romance" but, as a matter Of fact
and law, no such letter could have beer
received in evidence. knowing that
under ordinary circumstances. sucl
testimony would be inadmissiblc
Reade is careful 10 establish that the
writer knew herself 20 be dying; but
be was unaware that dying declara.
ton Is only admissible IN evidence
upon a charge of murder or man
slaughter OF the person who has made
It, and cannot be laid before the jury
IN any other case whatever.
Numerous and entertaining are The
trial scenes which adOrn the works OF
Mrs Henry Wood. but they hardly pro
fess TO be strictly accurate. Let me
point rather. TO an interesting sllp on
the part OF that most careful of nov
ellsts, David Christie Murray. who
shares 10 some extent tho popular con
fusion on the subject Of the law of
libel and SANDER His powerful story.
"a Capful o Nails" has for It's hero
a working mailer, who becomes an
agitator on behalf of his much Oh
pressed class. In consequence of n
speech denOuncing an unscruDulous
employer he is prosecuted on n charge
OF criminal libel; but, thanks to Il faith.
ful friend ana a smart lawyer. he
energies triumphantly
No fault can he found I'm this cose
with the way In which the villain is
cross examined 10 pieces. The din.
Guilty Is that no such prosecution could
nave been instituted at all. You mnv
SANDER man by defamatory speech
but to libel him you must write. prini
or otherwise permanently record" your
defamation OF him, and though Sian.
DER and libel alike may expose YOU 10
an action for damages, II Is libel alone
that can bring you within the CRASH Of
the criminal law.
1t is difficult TO uphold this dlsfino.
ton. a libel is regarded as public
crime as well as private wrong be.
cause II tends to provoke n breach nj
the peace, but one would think ~
much might be said Of Islander. sill
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