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PART IV. CHAP. I.-(continued.)
2. Principal incidents of a trial, as connected with evidence
1. Ordering witnesses out of court
2. Ordo incipiendi, or Right to Begin
716
Erroneous ruling relative to the order of beginning, how rec-
tified
Advantage and disadvantage of having to begin
3. Practice respecting" Leading questions"
718
General rule-on material points a party must not lead his
own witnesses, but may lead those of his adversary .. 718
Reasons for this
..
Witness supposed favourable to the party bringing
him forward
In practice, leading questions often pass without objection 719
Unfounded objections constantly taken on this ground.. 719
A question is leading when it suggests the answer,
not when it merely directs the attention of the
witness to the subject respecting which he is ques-
tioned
“Leading” a relative term
Exceptions ..
1. Identification of persons or things
2. Contradiction of former witness
3. Witness hostile to the party by whom he is called
4. Defective memory, or complicated subject-matter
Expediency of leading when allowable
4. Discrediting adversary's witnesses
1. Evidence of general bad character of witness for veracity 721
Particular facts cannot be gone into ..
722
2. Former statements by witness inconsistent with his evidence 723
3. Misconduct of the witness connected with the proceedings 723
Has been bribed
A party cannot give general evidence to show his own witness
unworthy of belief
But may show that his evidence is untrue in fact
Whether a party may show that his witness has made state-
ments inconsistent with his evidence
Arguments against this
d
Arguments for it
6. Proof of documents
R. G. H. 4 Will. IV. (Rule 20, Practice)
15 & 16 Vict. c. 76, ss. 117, 118, 119
7. Inspection of documents in the custody or under the control of
R. G. H. 16 Vict. R. 29
PAGE
725
726
727, 728
728
733
8. Ways of questioning the ruling of a court or judge on matters
Old practice of reserving points of law for the consider-
ation of the judges
Court of criminal appeal constituted by 11 & 12 Vict. c. 78 733
No compulsory means of reviewing decision of judge 733
"Examination," "Cross-examination," and "Examination ex adverso" 736
Examination of witnesses favourable to the cause of the interrogator 736
Examination of witnesses whose disposition towards the cause of the
interrogator is unknown to him
Cross-examination, or Examination ex adverso
1. Testimony false in toto
736
737
738
739
741
1. Where the fact deposed to is physically impossible
2. Where the fact deposed to is improbable, or morally im-
745
Course of cross-examination should be subordinate to plan for
the conduct of the cause..
Conclusion ..
APPENDIX.
No. 1.
STATUTES.
8 & 9 Vict. c. 113.
An Act to facilitate the Admission in Evidence of certain official and
other Documents
749
14 & 15 Vict. c. 99.
An Act to amend the Law of Evidence
16 & 17 Vict. c. 83.
An Act to amend an Act of the Fourteenth and Fifteenth Victoria,
Chap. Ninety-nine
751
. 757
. 759
762
764
No. 3.
.. 765
CONFESSIONS OF WITCHCRAFT