Brief Tales From The Bench by Henry Cecil Read Free Book Online

in criminal trials is admittedly very difficult to find, that is no reason at all why in civil cases, where no man’s liberty is involved, the danger of a man being charged with perjury should not be much greater. I have had a number of cases where one side or the other was committing plain and provable perjury, but no proceedings for perjury were taken.
    The present story is a good example of a case where one side swore black, and the other side swore white, and the answer was not grey. In other words, deliberate perjury was being committed, but by whom? That was the question.
    The story started with a dispute between two motorists. I will call them Morris and Riley. They nearly had a collision and this was entirely due to the fault of Morris. Mr Riley was very angry and ran up to Morris’ car, and, in spite of the apologies which Morris tendered profusely, proceeded to assault him. In consequence, Mr Morris sued Mr Riley for assault. And in those proceedings he not only claimed damages for the injuries to himself, but for breaking a gold watch. He said that when he put up his hands to prevent Mr Riley’s blows landing on his face, they struck the watch and broke it.
    After the case had been opened by counsel, Mr Morris gave his evidence and told me what had happened. Apart from one matter, his story was not seriously disputed by the defendant. But it was that one matter which made the case of more than usual interest.
    After Mr Morris had been cross-examined for a few minutes by Mr Faulkner, counsel for Mr Riley, he was asked this question: ‘Now, Mr Morris, you’re claiming the cost of a new watch from my client, aren’t you?’
    ‘Not the cost of a new one,’ said Mr Morris, ‘the value of the old.’
    ‘If you please,’ said Mr Faulkner, ‘the value of the old. And you say that the watch which you produced ten minutes ago is the watch which my client damaged?’
    ‘Certainly.’
    ‘Will you look at it, please,’ said Mr Faulkner. ‘Hand it to him please, usher.’
    The usher duly took it to the witness, who looked at it.
    ‘Yes,’ said Mr Morris, ‘I have it in front of me.’
    ‘Look at it, please,’ said Mr Faulkner.
    ‘I am looking at it.’
    ‘Do you say on oath,’ said Mr Faulkner, ‘that that is your watch?’
    ‘I’ve already said it on oath.’
    ‘I want to be sure,’ said Mr Faulkner, ‘that there’s no mistake. Is that the watch which Mr Riley damaged when he struck you?’
    At that stage I intervened to ask: ‘Mr Faulkner, your client then admits the assault?’
    ‘Certainly, your honour,’ said Mr Faulkner, ‘but not the damage.’
    ‘You mean,’ I asked, ‘that you say that this is not the watch which was damaged?’
    ‘Precisely,’ said Mr Faulkner.
    ‘It is his face, I suppose?’ I asked.
    ‘Oh yes,’ said Mr Faulkner, ‘I admit the face, and that my client struck it. I also admit that my client would have struck it a second time, but Mr Morris’ hand got in the way.’
    ‘Was there a watch on it?’ I asked.
    ‘My client has no idea,’ said Mr Faulkner. ‘All we say is that, whether or not the plaintiff had a watch, it is not this one.’
    ‘Very strange,’ I said, ‘if it isn’t.’
    ‘Stranger things have happened in this court,’ said Mr Faulkner, who, it will be gathered, was not an advocate who was frightened to express himself.
    ‘Give me an example,’ I suggested.
    ‘Oh, your honour,’ said Mr Faulkner, ‘I hadn’t any particular event in mind. But very strange things do happen in the courts from time to time. Let me think. Yes, your honour. I once cross-examined a witness who turned out to have exactly the same name and address as I had.’
    ‘As you had?’ I asked.
    ‘Yes, your honour. As I had. He was Jeremy Faulkner, and he lived at eighteen Greenfield Gardens, and so do I.’
    ‘It wasn’t you, I suppose?’ I asked.
    ‘The towns were different, your honour, but it was a very odd coincidence.’
    ‘And what precisely has this