The Gazette 1952-1955

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. 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 W ilk in so n (G. S.)—R oad Traffic Prosecutions. Solicitors’ Law Stationery Society, London.

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