193 / 266
2.
An accused person may be represented and
appear by a Solicitor (without Counsel) in the
Central Criminal Court (by leave of the Court
obtained before the day of trial) where that Court
is satisfied that such accused person has not sufficient
means to engage and retain Counsel on his behalf
and in any such case such Solicitor shall have the
right of audience (including the right to address
the Jury).
BOOK REVIEWS.
B
uckn ill
(R
t
. H
on
. S
ir
A
lfred
)
—The Nature o f
Evidence.
London, Skeffington, 1953. 10
/-.
It is not often that a learned Judge of the English
Court of Appeal has agreed to give practitioners his
personal views on points arising from the law of
evidence, based on the benefit o f fifty years
experience in the law, and o f eighteen years ex
perience on the Bench. Our learned author’s views
must hence command respect.
He shows the
necessity o f concentration in observing facts and of
not having pre-conceived opinions by quoting
from evidence o f the Titanic disaster inquiry as
examples in which wrong inferences may be drawn
from circumstantial evidence.
Our author cites
the case in which Mary Johnson was wrongly
accused o f writing poison pen letters in 19 13, and
how the submarine “
Thetis
” sank off North
Wales in 1939, because an officer did not obtain
the proper inference from acts carried out. It will
be agreed that “ the only tests by which we can
decide what are the probabilhies of another man’s
conduct is our own experience of human nature.”
The learned author vindicates women as jurors in
cases where the conduct o f women or children
has to be considered. The probable conduct of
the accused in a criminal trial is considered by
singling out the Seddon Murder Trial in 19 10 ;
Seddon was convicted because he insisted on giving
evidence, despite the advice of Marshall Hall, his
counsel. Referring to the cost of litigation, Judge
Bucknill considers that although costly justice
may result in its denial, nevertheless justice in
most cases hinges on the correct elucidation of
facts; hence the necessity o f the best evidence
provided by witnesses on oath who submit them
selves to cross-examination.
Dealing with the
veracity of witnesses, the learned author’s statement
that “ in the ordinary affairs of life, I think it is a
mistake to suspect without proof that a man is
deliberately saying what he knows to be untrue ” ;
he may be unreliable from defect o f memory or
observation or bias, and may exaggerate, but usually
does not wish to deceive.” The author’s experience
as a Divorce Judge leads him to expound interesting
views on procedure in matrimonial cases ; he is
strongly of opinion that the Judge should have more
discretion in suitable cases to try to reconcile
the parties in camera, and to exclude the public
in all suitable cases where the evidence would be
unsavoury. This volume can be highly commended,
as containing much sound . advice and practical
value, particularly for the District Court practitioner.
W
ilk in so n
(G. S.)—R
oad Traffic Prosecutions.
London.
Solicitors’ Law Stationery Society,
1953. 25/-.
Practitioners who have had to defend motorists
accused of various offences under the Irish Road
Traffic Act, 1933, will find this book invaluable,
as the author, who is a solicitor, has acted as a clerk
to a petty sessions Court, and has thus become
well aware of the defences open to them. Under
such headings as “ Notices of Intended Prosecution,”
“ Driving under the Influence of Drink,” “ Careless
Driving,” etc., the author has skilfully assembled
the decisions of the English Courts since the passing
of the English Road Traffic Act, 1930, and he
has not neglected to mention Irish, Northern
Ireland, and Scottish decisions. By concentrating
on the subject matter, the author has successfully
tried to lead practitioners to the kernel of the point
they wish to look up, and this easy reference method
enhances the value o f the work considerably.
There is also a very full Table of Cases and Table
of Statutes, as well as an Index; the book is well
produced, and the print attractive. It is in fact
indispensable to all practitioners who wish to
improve their knowledge o f case law under the
Road Traffic Act.
SOLICITORS’ GOLFING SOCIETY.
T
he
Summer outing was held at Foxrock Golf
Club on' Friday, June 4th. There was a satisfactory
entry in the Captain’s prize, presented by Mr.
Joseph Barrett, President of the Incorporated
Law Society of Ireland. Mr. D. J. Carberry (14)
won the Captain’s prize with a score of 6 up. Runner-
up was Mr. W. B. Fawsitt (18) with a score of
2 down—awarded on the best 2nd nine as against
Mr. J. P. Tyrrell and Mr. S. V. Crawford who also
had scores of 2 down.
The St. Patrick’s Plate (for handicaps o f 12 and
under) was won by Mr. J. H. McCarroll (10) with
4 down.
The runner-up was Mr. Desmond J.
Collins (8) with a score o f 5 down. The Veterans’
Challenge Cup was retained by the holder Mr.
R. H. Brett (12) with a score of 4 down. The runner-
up was Mr. R. E. Felton (11) with a score of
6 down. The prize for the best score by a competitor
15