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Updated: July 14, 2025
I was not thinking about that. I had a duty to perform, and I performed it." "A duty? Will you explain to the jury what duty?" The witness's head rose, then sank. He, as well as every one else, seemed to be impressed by the solemnity of the moment.
"It does not bear on the prosecutor's evidence. It is purely recriminatory." Colonel Clay was all bland deference. "I wish, my lord," he said, turning round, "to show that the prosecutor is a person unworthy of credence in any way. I desire to proceed upon the well-known legal maxim of falsus in uno, falsus in omnibus. I believe I am permitted to shake the witness's credit?"
White with passion, Gray was on the point of uttering other angry and provocative words when Seton took his arm in a firm grip. "Gray!" he said sharply. "You leave with me now or I leave alone." The two walked from the room, followed by Whiteleaf. As they disappeared: "Read out all the times mentioned in the last witness's evidence," directed Kerry, undisturbed by the rencontre.
The witness's name having been demanded and given and some other preliminary formalities gone through, he was asked: "Mr. Cumberland, did you have any quarrel with your sister during the afternoon or evening of December the second?" "I did." Then, as if not satisfied with this simple statement, he blurted forth: "And it wasn't the first.
Addressing him in an almost reverential manner, he proceeded to enumerate the witness's distinctions. "Dr. Pellery, you are, I believe, a Fellow of the Society of Antiquaries?" "I have that honour." "And a member of more than one archæological society?" "I am." "And a corresponding member of various foreign societies of a similar sort?" "For many years."
Doubtless you will be able to think of a desirable man ... who knows the prisoners," he added, rapidly turning over his notes, and speaking in such a manner as to convey to me the idea that the exact extent of the witness's knowledge of the prisoners was not of any very great consequence, so long as he was prepared to swear to their respectability, and that his banking account and general appearance were satisfactory.
"'At the conclusion of Livesey's evidence, the Coroner announced to the jury that, having had the gist of the witness's testimony communicated to him earlier in the day, he had sent his officer to request Mr. Gabriel Chestermarke's attendance. The officer, however, had returned to say that Mr. Chestermarke was away on business, and that it was not known when he would be back at the bank.
Instinctively, the witness's right hand rose; it was as if he were mentally repeating his oath before he uttered coldly and with emphasis, though without any show of emotion: "It is." The universal silence gave way to a universal sigh of excitement and relief.
The evidence of such a man would carry weight. The court's belief in a witness's veracity is, generally speaking, proportionate to his means.
The Rector was far from having any intention of discouraging the witness, who was indeed his mainstay; but the anxiety of his peculiar position, as being at once counsel for the prosecution, and chief magistrate of the bed of justice, gave an unusual sternness to his face. "Your name is George Elsworthy," said the Rector, filling his pen with ink, and looking penetratingly in the witness's face.
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