1950-12-15 — Page 6

6

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THE CHINA MAIL, FRIDAY, DECEMBER 15, 1950.

In this final chapter of his Case-book, Sir Patrick Hastings, K.C., one of the most brilliant barristers that England has ever seen, considers, in the light of his own experience, the tests of his profession

WHAT

MAKES

A

GOOD ADVOCATE?

down.

Never again shall I my place in the arena join in the battle. I fought my last fight.

take

and

have

worth

All that remains is the in- evitable query, has it all been while? Is advocacy merely a glorious way of carn ing a living, or does it serve some useful purpose?

advocate of any real Is the value to anybody except him-

enforced:

of some

Last

question

the

Pride of

Regiment

THE regimental

Regular officers and By

soldiers to tench the

organisation Lt.-Gen. Sir large number of

for the Infantry

which existed up to GIFFARD

National Servico men.

By this time the

MARTEL post-war pay code had

most the

the end of the second world war was one of the valuable features in Army. With this system

traditions in the infantry.

our

been introduced for Services, by which men would receive a rate of pay in comparison for below the emolu- ments received in civil Ilie,

-As a result we sawa groatre-

duction in the post-war calist- ment for the Regular Army Just on & when large numbers of Regulars had to be employed for training the National Army.

DISADVANTAGES

considerable reductions hod to be made in the Regular Army, and particularly in the Infantry.

unanswerable and, under he possessed personality alble to atmosphere will never there were two battalions T is finished; my share ed

cross-examination, which seemed to dominate the be any good.

of cach Regular regiment, in the drama of the prolonged

Once Inunched on a Cross- 'court. And that is a gift which Law is

one rule must be a regimental depot, and the over and the that chink widened.

examination witness

to cannot be nequired. The

began

never Territorial and cadet units, curtain has been rung flounder

The and prevaricate and

ability to pick out the rigorously in the end be broke down one real point of a case is not allow assistance from outsiders, all linked together

itself enough. It is the Two people cannot cross county basis. completely, and his action was by

courage required to seize on examine the same witness at dismissed.

Never again did I try to form that point to the exclusion of the same time.

all others that is of real im

I have

These units all wore the same watched enthusiastic a conclusion in advance,

Juniors assisting face the portance,

their lenders badge and used the same famous The lawyer has to

it all been Undoubtedly the power

It would be 'Has

to with repented Interruptions. regimental name. question:

13 the great, have

seen equally enthusiastic impossible to exaggerate the worth while?" in a particularly cross-examine

He has his perhaps the flual, test of advos solicitors tining to empparently great value of these regimental FOB this and other reasons concrete form. memories to confront him. He cocy-and it cannot be learned counsel

look back on long hours by experience or taught by forgotten point. can

It preparing for the coming trial, rules. is a gift from the

objection A slight

to this long days in court fighting for gods.

But, after many year's cross-

syslem was that during war the his clients' interests, and in the

and examination

watching end he has sometimes won his

It became clear that it would I do

the casualties in one regiment might not encourage others cross-examine, I have

Indeed, I was once be such that the troops of an- be quite Impossible to maintain Perhaps it is only necessary case.

satisfied myself that no advo- practice. trying to watch a litigant

re-other regiment would have to infantry regiment, to curb the lo

cate will be of much value constrained

Indeed perpetual, be sent up to replace them, at conduct his own case unalded, mass of

unless he possesses the knack peated, and

of assistance from floundering through a

if that is the righ word of offers evidence, to realise

But can he ever be

quite assessing accurately and almost particularly irrepressible client that trained advocacy is

he who won instantaneously the personality by hitting him on absolute necessity to justice; sure that It was

volume of the of the Can advocacy ever win a and mentality

witness with a law as it?

Reports. without the advocate

his Was it

unstinted facing him. could not case?

That La not understand it

a practice 1 That efforts that brought about the

is why it is Impos-

GS to a beginner, recommend survive,

deserved result, or did sible to prepare a CROSS-CK- of the much

Jaw solicitors with the position It is

hitting amination in advance. How advocate himself which causes the case simply win itself?

The late Mr Justice Rigby can it be possible to know in practice. so much misunderstanding.

most forceful judge, advance how to cross-examine to the Swift, a

witness

have you Bar that the community knows was once dining at a mess din- a

principles by ner on circult, when he was seen? so little of the

greeted triumphantly by the circuit leader.

Lelf?

we

is a great misfortune

which it is guided..

or

The

at once

sn

duty

can a

Jt

a

Justice done

"Well,

never

"First question

Д

→ temporary

any

rabe

the head measure,

Law

TRADITIONS

books might decrease their BUT

The regimental organisation could not be worked with one battalion. Hence the establish- ment of some form of infantry group was inevitable.

Though this is QUT this cross-posting. from

tar better one regiment to another was than having a corps of infantry, It is to be adopted only in extreme cases, as a quite accepted when necessary the fact remains that much of

reminder

that the and caused no special trouble. our valuable regimental trudi- necessary cross-examiner must be left

tion is lost in the group. alone.

have had time

on it. He has remain

to

Now at last the post-war pay code has been revised. Apa result the enlistment of Regulars has shown a sharp improvement. It is clear that with proper In- ducements we need never have

In spite of these great advan- One other question is almost judge," he said,

as Important on the first-the tages a proposal was made just had a good win before you to- slay."

It is only by the most cure- last. The witness must not be after the war that a corps of in- allowed to leave behind toofantry should be formed. This Rigby Swift was never one ful and meticulous considera-

favourable an impression. was strongly pressed by the I the public were better in-

tion that anybody can decide would not to mince his words.

He may

authorities at the time. formed, barristers

"How dare you say you had if the witness be truthful or rehabilitate himself during be harassed by the perpetual

win before me?" he retort- dishonest, stupid or cunning, the course of a cross-examina- inquiry: "How

self-

By this proposal the individual burdened ourselves at the start respecting counsel honestly de- "I sit in court to see that intelligent or foolish, and it is tion, which is often much too

until that decision has

may even have rogiments, with their great tra- with conscription, which is both fend a person whom he knows justice is done. In my court not

long, and he done. No counsel been made that it is any use partially regained his pedestal. ditions, would have been re- wasteful and inefficient. How justice is believes to be guilty?

ever wins a case before me."

thinking of the questions to be He must not be allowed to placed by a large bureaucratie can he, in honesty, represent a

The learned judge was nearly asked or the method of attack.

been

under one cap

The Atlantic Conference has ellent whom he believes to be

right. I have known so many And even that is not enough, knocked off

it once with the body serving a liar?"

advocates-good advocates and It is the first question that first question,

must

badge. In this body the great now decided that there must be go

of names and deeds may be the down again with the last.

the past 20 divisions in Germany by next very good advocates, bad adve- really countsit

the whole

It is clear that so If those two questions have would have been lost and for- summer. rates, and very bad advocates turning point in

case. It may completely des- been well chosen the rest of gotten.

long as Russia maintains a great troy the effect created by the the cross-examination will

army, fully mobüised in peace- witness. It may change the

fall into probably

line. The whole atmosphere in the court Almculty lles in choosing them.

That is why it is folly for an advocate to decide how to begin his cross-ci amination until the last second before he rises to his feet.

Such a question shows a woeful ignorance of the duties and obligations of the English

Bar.

As a barrister is the only who has the right of person audience in a superior court,

him that right casis on

the absolule duty to represent to the best of his ability any ellent who requires his services and is prepared to instruct him properly.

In a criminal trial the pri soner is entitled to be repre- sented whether he be innocent

or guilty, and the question of

and in the result I am satisfied that at least 90 percent of all cases win or lose themselves.

But of the remaining ten per cent, it is not so easy to speak with certainty. Undoubtedly a case can be lost by bad advocacy, but is the antitheals equally true?

Very seldom

he

Bitter fights

As I shall never again be for to select them There must be some weak called on ness in the story he has just myself, it is immaterial whether heard; he has got to find it and my ideas are good or bad At strongly advise

stick to it.

I

Can a brilliant advocate ever his innocence or guilt is no win a case which, without his the concern of his advocate.

brilliant advocacy, would have vincing

sphere That question never really been lost? comes before the court at all. I know he can-very seldom, is wholly in his favour. Thera method for himself and ut the

on those rare occasions in a smile of self-confidence on end The issue a jury is called on but

| lo decide is not whether the which prove the exception to a hils face as prisoner is innocent or guilty, general rule.

but

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The authorlties argued that time, the Western nations must such as the do the same, but with skilled the large corps, Royal · Engineers and the men and not with short-term Artillery, had maintained a high conscripts. tradition: but there was really no parallel between these cases.

CONSCRIPTION

FOUR YEARS' WORK

.

reserve

Such was the opposition to this proposal of an infantry any

rate,

corps that it was dropped and S regards Britain, we have A lying witness has given everybody to disregard them followed by the present-day spent four years in planning

and

useless con- advice from others is most plausible

plans of infantry groups,

by to build up a great evidence. The almo- and often harmful.

which a number of infantry re- which would be very valuable court Each throughout the

must deelde his own giments are grouped together. In the later stages of a war, but what is the use of this it wo he will not be certain

have already lost the war in the early stages? he completes his whether his own method was evidence and faces, with con- good or bad.

Icast But at

he will bo superiority,

We must concentrate on rais- "whether the prosecution Many years ago a member temptuous

counsel who rises to cross- certain of one thing. It he has

was that the dif-

ing the maximum number of decided to have succeeded in proving con- of the racing fraternity was m

practise at the THE Idea

flculties of reinforcement in highly trained Regular forma- He was examine him. clusively that he is guilty-a his trial for murder.

English Bar, he will have war and individual promotion tions in the next two years and And then-Bang! defended by a thoroughly com- very different thing.

his lo Out comes the first question. lived

amid glorious in peace would be simplified if reduce conscription in stages. petent advocate, but the pro-

will witness 14 completely surroundings; he have the infantry were so organised. secution was in the hands of The

bitter fights with He was prepared fought the Attorney-General of the non-plussed.

And he thinks: What gallant and generous opponents, man of exceptional for it.

his whom will remain In a civil action the position

can my opponent have found all of

dearest friends. is precisely the same. It la for

The case swayed backward out against me? the jury or the court to decide and forward as

He will have received sym-proposal for conscription arose. each counsel

pathy in his disasters and un- which of the parties is tellin strove to achieve success, but

generosity grudging the truth.

the Attorney-General had the

successes.

He will have toiled strongly in favour of conscrip- Counsel are not bound to last word and his eloquence in a flash his self-confidence for days and rights at work on. It was supported by a form, nor even justified

turned

the scale. The jury re- has gone. The smile disappears, that has never palled, and at few leading soldiers, but opposed forming, an opinion of their turned a verdict of guilty. and the atmosphere begins to the end he will know beyond by the majority own. Indeed if they attempt it

The somewhat disappointed change that strange, electele any possibility of doubt that thoughtful ·and progressive the result may spell disaster.

prisoner turned dejectedly to atmosphere which tells counsel his work has been well worth officers. his warders; "Blimey," he said, whether bla questions are while.

Not bound

I learned that lesson many years ago.

A cilent came to see me. He was defendant in a civil action and he wanted to tell me his story.

.day, brilliance.

In

a flash

"it was the riding wot did it." taking effect,

It was in truth, the riding which did it,

From

in

While the system of infantry groups was being arranged the

Socialist

Party

his

The

THE END

US

Japan

question, Ships From

it be- being friendly, comes tinged with doubt and Nobody has yet discovered then with hostility-and all what qualities must be possessed from that first He prefaced his remarks ty by an advocate if he is to reach selected from a host of othera

was quite saying he

sure I the highest rank.

single should not belleve a word he said.

Ho told me a story so credible that I felt bound to warn him of the risk he might

Personality

Some

be running if he ventured to others

under oath. one repeat that story

more acemed

Complete truth

For

/

at the last moment.

the Bar member of Every knows well that strange atmo-

Tokyo, Dec. 14. Nobody knows its sphere,

Japanese news reports said source, but it sweeps the International Trade and In- say "personality," exact

backwards "an ability to seize the though

dustry Ministry will begin ne- to guide the cross gotlations soon with SCAP for vital element in

every examiner on fils course.

purchase of American

and forwards

4.3

the

of

But he was adamant, and the case"; still more consider that It may be encouraging or Liberty ships to handle Japanese the power to cross-examine is hostile, and if it be hostile the imports, to feed Japanese in- case was brought to trial,

wise advocate

and knows that he dustry remember a elvi the most important.

supplement food I do not

Each of these wiseacres is

He supplies. has struck a wrong note. action which I approached with

to An advocate,

bo result wrong. reluctance. Tho

must change the whole CG0- The Ministry maintains, un- great,

All must possess really foregone conclusion.

duct of his caso and, if posder full utilisation of available three, but perhaps personality sible, he must make the change bottoms, only 3,000,000 tong is the greatest of them all.

so that nobody knows Nobody

it is shipping--United Press. who has watched the great figures of the past being made,

atmosphero >5 Copra

Nominal But I was wrong. Every can fall to realise that, from

guide he will ever word

that man had told me time to time one has appeared the only

out-shadowed

Copra all his get, and he must always. take was the complete and absolute who

rivals. truth.

When he entered the court nobody At first the evidence given by his plausible carry

socmed

*

That electric

New York, Dec. 14. for nearby shipment was quoted on a nominal bala In nhart tor. ciso

Some counsel have told me

at $212.50 per they get all the guidance they coconut oll, dealers indicated to It was not that he talked require from the faces of the that the material for December he louder than his

opponents Jurymen, Personally, I do not shipment might be available on but of this I am a bid of 10-3/4 cents a pound, made one atnall slip. A chink shouting is merely a cloak for believe it;

sure-anybody insen-FOB. mills-United Press. appeared in a case that soam- mediocritylt was simply that quite

opponent that it seemed conviction-

zo to .was

POP

WHAT COLOUR NYLONS WOULD

YOU LIKE PHOLDE

DOLOURED!

WHITE YELLOW OR, BLACK

FLESH

Colour-blind ?

were

of the more

There are plenty of reserves in this country of one type or another for use until the recruits trained

the by

wartime establishments are ready. With this increase the accond bat- tallon of each regiment should' certainly be re-formed.

We could then sbolish the group system and return to the, regimental organisation to the great delight of all soldiers who known the wonderful The first result of the intro- have duction of conscription was the effect of these regimental tradi demand for great numbers of tions,

"

"Happy Landings!"

Bon Voyage!

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