CO129-447 - Governor Sir May - 1918 [1-3] — Page 160

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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but then he is infinitely less afficient.

Mr. Sharp's opening speech took seven days: were

he ten years younger he might got it into six. But it is a

delicate matter to interrupt an advocate of great experience

who has taken weeks to work up his case and is doing his best to

present difficult points clearly and distinctly. I have never

heard a judge break in on such a speech either here or at home;

it would clearly be a vexations practics.

Again it is very difficult when responsible

Counsel are engaged and fraud is in question to out short cross

examination. I do not think any judge would in frot do it.

Counsel knows what his case is, and the Vourt does not. Veny

often an able oroes examiner will lead gradually up to a point

he wishes to make by imperceptible degrees. This is the more

necessary when as in this case the persons charged with fraud

are educated, men fully alive to the cross examiners purpose.

The cross examination might have been materizlly

shortened if Fr. Nolan had interpreted from the beginning. But

he has always been attached to the Chief Justice's Court and he is

needed there for Sessions: and me it is troublesome to change

interpreters when there are many reference to documents, I began

with Mr. Mackie who usually does my work. When he went on leavE

I continued with one or other of the Chinese interpreters. Since

Mr. Jenkin's return I have had Mr. Nolan by special arrangement

and the speeding up has been most gratifying.

After Mr. Sharp retired from the case it became

apparent that Mr. Jenkin would not be able to stand the strain

alone. He showed clear signs of being overworked; and with all

his promise he has still something to learn about framing

questions to a Chinese witness, especially when the interpret-

ation is weak.

Undoubtedly had he been in better health or had

more experience in this class of work he oculd, and would, beve shortened his cross examination considerably. But when an able wer

man suffering from over work and over anxiety is doing his best,

singlehanded in a heavy onse it is an insidious matter to pull

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