APPENDIX. 189 
whole profession, will you venture to persist in that state- 
ment?” etc. Again, the intimidating modes of address— 
“Do you-mean to swear?” ‘* Will you pledge your pro- 
fessional character ?” etc., intermingled with the admonitions, 
“ Pray be careful,” “ Be cautious,” etc.—of course suggest to 
the witness that his examiner already regards him as per- 
jured, and that however truly he may state the facts within 
his knowledge, he will not be believed. 
A public writer, in commenting on this subject, says, “ But 
the hardest and most unfair part of the system (of cross- 
examination) is when witnesses have to bear a loud and 
insulting tone or gesture without remonstrance or retaliation. 
A counsel may very plainly imply that a respectable witness 
is a person of doubtful character, and not to be believed on 
his oath, or that he is ignorant, and a bungler in his pro- 
fession; but if the witness retorts that the barrister’s 
“eloquence and sympathies are hired, or if he gives vent to 
any other words of retaliation in his natural indignation, 
the Court is against him.” At the trial of Kelly for the 
murder of Police Constable Talbot (Reg. v. Kedly, Dublin 
Commission Court, November 1871), Mr. Tuffnell, a surgeon 
of repute, and formerly Professor of Surgery, was summoned 
as a witness for the prosecution. Having deposed to the 
nature of the wounds, and that the deceased had died from 
the effects, he was subjected to the usual ordeal of a cross- 
examination, but in a somewhat unusual form. Counsel for 
prisoner having begun by addressing him in a loud and 
offensive tone, he turned to the Chief Baron, and said, “ My 
Lord, I am very excitable, and if this gentleman has a right 
to roar at me, I consider that I havea right to roar too.” 
The Court expressed a hope that it would not be necessary 
for him to roar, and intimated, after a short trial of vocal 
strength between the two opponents, that counsel’s manner 
to the witness was not what it ought to be. Counsel dis- 
claimed any intention of being offensive, but claimed the 
