stake had the good effect
of giving Jeanie Deans time to collect her spirits for the painful task
she had to perform.
Fairbrother, whose practice and intelligence were considerable, saw the
necessity of letting the witness compose herself. In his heart he
suspected that she came to bear false witness in her sister's cause.
"But that is her own affair," thought Fairbrother; "and it is my business
to see that she has plenty of time to regain composure, and to deliver
her evidence, be it true, or be it false--_valeat quantum._"
Accordingly, he commenced his interrogatories with uninteresting
questions, which admitted of instant reply.
"You are, I think, the sister of the prisoner?"
"Yes, sir."
"Not the full sister, however?"
"No, sir--we are by different mothers."
"True; and you are, I think, several years older than your sister?"
"Yes, sir," etc.
After the advocate had conceived that, by these preliminary and
unimportant questions, he had familiarised the witness with the situation
in which she stood, he asked, "whether she had not remarked her sister's
state of health to be altered, during the latter part of the term when
she had lived with Mrs. Saddletree?"
Jeanie answered in the affirmative.
"And she told you the cause of it, my dear, I suppose?" said Fairbrother,
in an easy, and, as one may say, an inductive sort of tone.
"I am sorry to interrupt my brother," said the Crown Counsel, rising;
"but I am in your Lordships' judgment, whether this be not a leading
question?"
"If this point is to be debated," said the presiding Judge, "the witness
must be removed."
For the Scottish lawyers regard with a sacred and scrupulous horror every
question so shaped by the counsel examining, as to convey to a witness
the least intimation of the nature of the answer which is desired from
him. These scruples, though founded on an excellent principle, are
sometimes carried to an absurd pitch of nicety, especially as it is
generally easy for a lawyer who has his wits about him to elude the
objection. Fairbrother did so in the present case.
"It is not necessary to waste the time of the Court, my Lord since the
King's Counsel thinks it worth while to object to the form of my
question, I will shape it otherwise.--Pray, young woman, did you ask your
sister any question when you observed her looking unwell?--take
courage--speak out."
"I asked her," replied Jeanie, "what ailed her."
"Very well--take you
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