notion how he tries the judge," responded Mr. Justice Darling. In the
same case a question arose as to whether the stewards of the Jockey Club
had the power to check riding "short," as it is termed, and the Justice
inquired if the stewards could say, "You must ride with a leather of a
prescribed length," and got the answer, "Yes; they could say if you
don't ride longer we won't give you a license."--"Which means," said the
judge, "if you don't ride longer you won't ride long."
"Who made the translation from the German?" asked the same judge,
regarding a document to which counsel had referred. "God knows; I
don't," was the reply of Mr. Danckwerts. "Are you sure," responded the
Justice, "that what is not known to you is known at all?"
Perhaps Mr. Justice Darling never raised heartier laughter than in an
action some years ago where the issue was whether the plaintiff, who had
been engaged by the defendant to sing in "potted opera" at a music-hall,
was competent to fulfil his contract.
"Well, he could not sing like the archangel Gabriel," a witness had
said, in reply to Mr. Duke, K. C.
"I have never heard the archangel Gabriel," commented the eminent
counsel.
"That, Mr. Duke, is a pleasure to come," was his lordship's swift, if
gently sarcastic, rejoinder.
* * * * *
If witnesses occasionally undergo severe handling in cross-examination
by counsel, there are also occasions when their ready reply has rather
nonplussed the judge.
A case was being tried at York before Mr. Justice Gould. When it had
proceeded for upwards of two hours the judge observed that there were
only eleven jurymen in the box, and inquired where the twelfth man was.
"Please you, my lord," said one of them, "he has gone away about some
business, but he has left his verdict with me."
"How old are you?" asked the judge of a lady witness.
"Thirty."--"Thirty!" said the judge; "I have heard you give the same age
in this Court for the last three years."--"Yes," responded the lady; "I
am not one of those persons who say one thing to-day and another
to-morrow."
Mr. Justice Keating one day had occasion to examine a witness who
stuttered very much in giving his evidence. "I believe," said his
lordship, "you are a very great rogue."--"Not so great a rogue as you,
my lord--t--t--t--t--take me to be," was the reply.
Judge: "Is this your signature?"
Witness: "I don't know."
Judge: "Look at it carefully."
Wi
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