BULLYING COUNSEL.

Evening Star, Issue 5589, 5 February 1881, Page 4

BULLYING COUNSEL.

The following opinions of the late Lord Chief-Justice Cockbum on the manner in which witnesses are often treated by bullying barristers may be read with advantage by 10ml membera of the legal profession : " I deeply deplore that members of the Bar so frequently Dut, unnecessarily, questions affscting the private life of witnesses, which are only justifiable when they affect the credibility of a witness. 1 have watched eloatly the administration of justice in Praaoe, Germany, Holland, Belgium, Italy, and a little in Spain, as well as in the United S&aWs, In Canada, and in Ireland, and in no plaos b>ve seen witnesses so badgered, browbeaten, and in every way bo brutally maltreated m in Eagland. The way in which we tret* our witmasesls a national disgrace, and Berioiuly obstructs instead of aiding the ends ef justicj. In England, the most honorable and conscientious men loathe the witnwa box. Men and women of all ranks shrink with horror from subjecting themselves to the wanton insult and bullying, miwamed cross-examination, in our Baglish Courts. Watch the tremor that passes the frames of many persons as they enter the witness box. I remember to have seen so distinguished a man as the late Sir Benjamin Brodie shiver as he entered the witness-box. I daresay his apprehension amounted to exquisite torture. Witnesses are just as necessary for the administrati9B ol justice as judgeß or jurymen, and are entitled to be treated with the same consideration, and their affairs and private lire* ought to be held as sacred from the gM » of the public as thosa of the judges aad the jurymen. I venture to think that it is tha duty of a judge to allow no queetions to be put to a wimess unless sucn as *r« clearly pertinent to the issue before the

Court, exoepfc where the credibility < f the witness ia deliberately challenged by counsel ; and that the credibility of a witness should not be wantonly challenged on Blight grounds."