NOVEMBER 403 



is that such persons break down at once under a cross-examina- 

 tion conducted by a trained intellect. The two objections to the Act 

 seem to me to be that it will cause an enormous amount of extra per- 

 jury, and that if a defendant elects not to go into the box, having 

 had the opportunity of so doing, whatever judge or counsel may 

 urge, the mind of the jury will very likely be prejudiced against 

 him. 



As to the first of these two points, it may be answered that 

 people who perjure themselves, even on their own behalf, are 

 liable to prosecution and penal servitude. But will such prosecu- 

 tions be instituted, and, if they are instituted, will any jury be 

 found to convict a man who, on his oath or out of it, has told lies 

 to save his liberty ? I am convinced that they would acquit him 

 on the general principle that it is only to be expected that a rat 

 in a corner will try to escape by any means it can discover. 



The view of Mr. Justice Hawkins, whose opinion is entitled, 

 I suppose, to as much or more weight than that of anybody else 

 in England, seems to be that the prisoner charged before the 

 magistrates with an indictable offence ought not to go into the 

 box in their court, insomuch as they are not trying him, but merely 

 investigating the charge to see whether there is a case against him 

 strong enough to be sent for trial. This is all very well, though 

 some great authorities take a much wider view of the duties of 

 magistrates but, under the words of the Act, if a defendant insists 

 upon giving evidence at petty sessions, or anywhere else, I do not 

 quite see how he is to be prevented. Then, of course, arises the 

 question as to whether or no his cross-examination should be 

 allowed. However, I suppose that all these points will be settled 

 sooner or later by the wisdom of those above. 



One man amused me to-day. He was before us for an indict- 

 able offence, and having elected to be dealt with under the 

 Summary Jurisdiction Act, expressed a wish to give evidence. 



' Well,' I asked him, when he had been sworn, ' what have you 

 to say ? ' 



* If you please, sir,' he replied gravely. * I stole the fowl? 



D D 2 



