But counsel must not only be able to expound his case clearly, bringing into prominence all its favourable points, and effacing or putting out of sight all those of an opposite character, but he must also be observant and quick enough on the spur of the moment to take advantage of any rift in his opponent’s flute, of any weakness in his argument; he must be sharp in dealing with the plaintiff, supposing he is for the defendant, and especially so with his witnesses. He should, in civil cases, by skilful cross-questioning, entrap the principal or his witnesses into damaging admissions and contradictions. The following case, if not _vero_, is _ben trovato_ to illustrate our meaning. A man brought an action against a coach proprietor, for having by the carelessness of the latter’s servants suffered bodily hurt, to wit, been thrown from the coach on to the ground, the hind wheels of which passed over his body, and injured his chest and lungs. In his examination-in-chief he testified to these facts. Then the defendant’s counsel took him in hand. As the plaintiff was about to leave the box, ’One moment, my friend,’ said counsel quite blandly. ’According to the evidence you have just given, you obviously have suffered much; your voice is gone, you say?’
’Yes, sir; I cannot speak above a whisper.’
’Very sad. The coach, you say, gave a sudden lurch backwards, and thus threw you off the hind seat under the coach wheels? Were you sitting or standing just then?’
’What made you stand up whilst the coach was in motion?’
’Well, you would have stood up had you been there.’
’Just answer my question; never mind what I should have done.’
’I don’t know why I should answer this question.’
The judge pointed out to him that he must answer it.
’Well, I wanted to look at a pretty girl who had passed the coach; you would have done so.’
’Possibly.’ Counsel might have given him a sharper reply, but he did not want to lose his hold over the witness by riling him. So he went on: ’Possibly. And then, like the gallant gentleman you are, you kissed your hand to the lady, and then the accident happened?’
’That’s about it,’ innocently replied the plaintiff.
’That’s how it happened,’ said counsel, turning to the jury.