192 APPENDIX. 



that he takes an oath to state the truth, the whole truth, and 

 nothing but the truth. On the other hand, while the counsel 

 for the defence is bound not to introduce falsehood, his 

 object is 7iot the discovery or development of truth. Unless 

 the witness is on his guard, he may find, when the learned 

 counsel who has cross-examined him addresses the jury, 

 that his affirmatives and negatives may be worked into a 

 shape representing the reverse of what he intended. 



Counsel's dodge of putting more than one 

 question at the same time. 



Some counsel adopt the ingenious plan of compressing 

 two or three questions into one. A witness unthinkingly 

 answers the last, or that which most fixes his attention. 

 The same answer may not be strictly applicable to all, but 

 the witness may find, when too late, that it is made so in the 

 defence. In this case he should ask for a severance of the 

 questions and give separate replies. 



Direct answers are necessary, because it is only by them 

 that the case can be brought clearly before the Court and 

 jury in all its details. Medical witnesses sometimes forget 

 this, and fall into answers to questions floating in their own 

 minds, or which they think are likely to be put to them. 

 They are also sometimes disposed to anticipate many ques- 

 tions by one general answer. This simply creates confusion, 

 and the witness will be told by counsel to keep to the 

 question, and that he is coming to the other matters pre- 

 sently. 



Argument not Evidence. 



Care should be taken by a medical witness not to argue 

 with the learned counsel. Argument is not evidence, and 

 the entering into it disturbs the order of the proceedings. 

 Arsmments between counsel and witnesses, and even between 



