The Stratford Evening Post WITH WHICH IS INCORPORATED THE EGMONT SETTLER. TUESDAY, JUNE 13, 1911. LAW OF EVIDENCE.

Stratford Evening Post, Volume XXIX, Issue 96, 13 June 1911, Page 4

The Stratford Evening Post WITH WHICH IS INCORPORATED THE EGMONT SETTLER. TUESDAY, JUNE 13, 1911. LAW OF EVIDENCE.

The. trial of Morrison for tho Clapliam Common murder has given rise to a gc/od deal of discussion on the English mw governing the evidence of accused persons. The mail in- tho du»_k is iot compelled to give evidence, it is pointed out, and if lie docs not tho fact may not ho commented on by counsel for the prosecution. But if the accused elects not to go into the •lox the jury may draw unfavourable conclusions, and it is said that d,cfouding barristers often find it hard to decide what course to take—whether to run this risk or put their clients in the box and run the perhaps greater risk of a damaging cross-ex-amination. in Morrison's trial counsel for the defence desired to refer to the antecedents of certain witnesses lev the Crown, with a view to impugning their veracity. He was warned by the Judge that if lie did so, counsel for the prosecution would lie entitled, if Morrison gave evidence, to enquire into ids past history. Counsel For the defence look the risk, and when prisoner' gave evidence on his own behalf, the prosecuting barrister submitted him to a merciless cross-ex-amination, in which damaging facts about his career were brought out. The position is well put by a writer, who says it is characteristic of the English desire to give the prisoner every chance, that this procedure lias been condemned by many people as unfair; the jury, they say, should know nothing about a prisoner’s antecedents. On the Continent, however,'procedure lias been framed with much less regard for the prisoner’s interests. In Franco an accused person is soarchingly examined by a Jugo d’instvuction, and the dossier prepared for the trial contains tho fullest particulars of Ins antecedents. At the trial tho prisoner is again examined, the Judge dwclliug f on all tho unfavourable points hi .the dossier. Antecedents, which in British Courts are nearly always carefully excluded, are the' crucial point 0 fFrench procedure. If they are bad, they weigh heavily against the nrisoner, if they arc good they will operate in his favour, even if ho is convicted. In Germany tho examination 01 the prisoner is an indispensable part of the trial, and the first questions asked are about antecedents'. It is significant that to advanced legal reformers in Germany, England has the finest legal system in tiro world, and her procedure is the ideal to ho i pi in view.