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CROSS EXAMINATION OF PIGOTT BEFORE THE PARNELL COMMISSION
"On May 6, 1882, Lord Frederick Cavendish, Chief Secretary of Ireland, and Thomas H. Burke, Under Secretary of Ireland, were assassinated in Phoenix Park, Dublin. The incident sparked widespread suspicion, with Charles S. Parnell, leader of the Irish Parliamentary Party, and 65 Irish MPs coming under scrutiny. A facsimile letter published in The Times implicated Parnell, suggesting he condoned the brutal murders. This revelation raised a haunting question: was Charles Parnell complicit in the Phoenix Park murders?" "Charles Parnell categorically denied the authenticity of the letter, which implied his involvement in the murder. The letter, a facsimile of which was published by The Times, contained the incriminating sentence: "I cannot refuse to admit that Burke got no more than his deserts." However, Parnell claimed in the House of Commons that the letter was a forgery. Amidst the controversy, the Government reluctantly agreed to establish a special committee, comprising three judges, to investigate the allegations against Parnell. The committee's inquiry aimed to determine the veracity of the letter and Parnell's purported involvement in the crime." "Renowned lawyer Sir Charles Russell took on the task of defending Charles Parnell. As part of his defense strategy, Russell cross-examined Mr. Pigott, who had obtained a damaging letter allegedly written by Parnell. Pigott had acquired the letter from the Irish republican organization Clan-na-Gael in Paris, supposedly sent by Parnell to Mr. Houston, secretary of the Irish Loyal and Patriotic Union. The cross- examination of Pigott proved to be a landmark moment in the trial, marked by drama and spectacle. The public eagerly anticipated Pigott's testimony, which would reveal the truth behind the letter published by The Times in facsimile." "Sir Charles Russell's first piece of evidence was the misspelling of the word 'hesitancy' as 'hesitency' in the facsimile letter published by The Times. This error raised suspicions about the letter's authenticity, particularly since Pigott had made the same mistake in a letter to Patrick Egan, a member of the Irish Parliament. This coincidence suggested that Pigott might have been involved in forging the letter." "Patrick Egan had already expressed his suspicions to Sir Charles Russell that the letter in question was a forgery. Russell began his cross-examination of Pigott with confidence and assertiveness, uncovering several falsehoods. Notably, Russell established that Pigott was aware of the exact publication date of the facsimile letter, which was part of the Times' series on 'Parnellism and Crime', scheduled for March 7,
- Initially, Pigott denied having any knowledge of the publication date, but Russell's questioning revealed the truth." Russell's defence strategy for Parnell involved gathering evidence, including a series of letters written by Pigott to Archbishop Walsh. These letters, accessed from Anderton's Hotel, revealed that Pigott was aware of a plot to discredit the Parnellite party in Parliament, three days before the Times published the facsimile letters. During cross-examination, Pigott initially claimed ignorance but eventually admitted to knowing about the publication of the Times articles. He even confessed to writing a letter to Archbishop Walsh under the seal of confession. However, Pigott later retracted his statements, admitting that his claims were entirely unfounded and that he had told Houston the Parnell letters were possibly forgeries. The cross-examination exposed Pigott's deceit, and he eventually disappeared, only to send a confession from Paris, admitting to perjury and forging the alleged Parnell letter. "Russell cited a letter from Pigott to Archbishop Walsh, in which Pigott asserted that he possessed evidence linking Parnell and his supporters to the violent crimes in Ireland. Furthermore, Pigott claimed to
have devised a plan to thwart and ultimately defeat their alleged schemes. Nevertheless, when Russell sought clarification and evidence to corroborate these claims, Pigott failed to provide any meaningful response." "Russell presented a series of letters written by Pigott to Archbishop Walsh, which proved crucial in the investigation. When questioned, Pigott inconsistently acknowledged and denied writing the letters. Russell revealed in court that Pigott, after receiving no response from the Archbishop regarding his evidence against Parnell, begged the Archbishop to consider his information. Pigott claimed his motives were purely patriotic, and he was simply doing his duty. However, if the Archbishop chose not to intervene, Pigott requested permission to pursue the matter with other sources. He also implored the Archbishop to keep his identity and correspondence confidential, professing no prejudice against the Parnellite party, but rather a sense of duty driven by his knowledge of the Phoenix Park murder details." "During the initial cross-examination, Pigott maintained that he had no foreknowledge of the facsimile letter's publication in The Times on March 7, 1887. Nevertheless, his responses were marked by contradictions, as he vacillated between affirming and denying awareness of specific facts. Significantly, Pigott conceded that he was privy to information that could potentially incriminate Parnell and certain Irish members of Parliament, implicating them in a plot to topple English rule through illicit and violent activities." Richard Pigott's downfall was swift and dramatic. After being cornered about his role in falsely implicating Charles Stewart Parnell and 65 Irish MPs in the Phoenix Park murder, Pigott disappeared after just two days of cross-examination. He later sent a confession from Paris, admitting to perjury and detailing how he had executed the forgery. The Parnell Commission evaluated the confession, concluded that the damaging letter was indeed forged, and the Times subsequently withdrew the facsimile letter. As the law closed in, a warrant was issued for Pigott's arrest on perjury charges. When police arrived at his hotel in Madrid to take him into custody, Pigott asked for time to gather his belongings. Instead, he retreated to his room and took his own life.
IN THE COURT BY ANTON CHEKOV In the Court' was first published in 1886. The story relates to Chekhov's experiences from 1884- 86, when he worked as a substitute country doctor in Zvenigorod'.Chekhov saw patients, conducted autopsies, and testified in courts as an expert witness. A lawyer by the name Serpovsky wrote that Chekhov was keenly interested in the court proceedings and was very well acquainted with the judicial procedures.Leo Tolstoy considered this story to be one of the best that Chekhov wrote and called it"a true pearl." The story is a satire on the Russian judiciary. Chekhov, as is true to his style, does not give a realistic portrayal of the court proceedings. His aim through the story is to criticize the incompetencies of the Russian judiciary. A system that fails in all aspects of serving justice. His major tool in doing so is satire. The case is that of a peasant called Nikolay Harlamov, who has been accused of murdering his wife, on the evening of the ninth of June. She was found in the porch with her broken skull lying in a pool of blood and an axe beside her. She had been spotted by her neighbours and when they
Initially Harlamov looked with dull-witted respectfulness at the judges' uniforms, at the weary faces of the jurymen and blinked calmly thinking that he would be given a proper hearing. Later as the hearing proceeded, he was irritated that he was not properly heard. When the trail came to a close and the prisoner was escorted back, it was a painful moment, which was felt by the audience too. Chekhov leaves it to the audience to draw their own conclusion about the case, as he ends the case without the judgement being pronounced. We never get to know what Nikolay Harlamov's relationship with the members of his family was. Was Nikolay guilty or was it his son Prohor, who had escorted him into the courtroom as a guard responsible for the murder? Who was responsible for the crime, is left for the audience/reader to decide. Chekhov's objective is to bring out the boredom and apathy among the court officials that was seen in Russian courts back then. That /a man's life was at stake did not emotionally move them to their job diligently and sincerely. He presents this story in the most satirical way to an audience that includes thinking readers who can very well empathize with the accused and realise the importance of an efficient and accountable judiciary system.
The Five Functions of a Lawyer -Arthur T Vanderbilt
About the Author: Arthur T. Vanderbilt' graduated from Wesleyan University in 1910. He was a student leader at Wesleyan. He then went to complete his L.L.B degree from Columbia Law school in 1913. He practiced law privately from 1913 to 1947 and also took night school classes at New York University as a full time faculty. He served as the dean of the law school. He taught nearly every course in the curriculum, published hundreds of articles in legal periodicals, and originated numerous ideas in legal education that brought research, teaching, practice, and continuing education together. He was American Bar Association leader, a legal and proponent of court modernization, In the autumn of 1947, he became the Chief Justice of the New Jersey3 Supreme Court, until his sudden death in 1957.Here he brought in many reforms and revamped the state court system from the bottom up, tirelessly working towards it, in spite of facing stiff opposition. Another outstanding achievement was Arthur Vanderbilt's effort in the re-origination of the modern law centre as a place where scholars, judges, practicing lawyers, businessmen and labor leaders could collaborate on the great problems of the day. He brought the Law School out of isolation; he recognized its obligation not only to teach law but to aid in the continuing education of the bar and to engage in co-operative projects of reforming and simplifying law. Summary Addressing the delegates in the meeting of the American Law student association, in one of his speeches, Vanderbilt tried to awaken the conscience of young law students, outlining the five essential functions of great lawyers, which included counseling, advocacy, improving the profession (including the courts and the law itself), leadership in gearing public opinion and the unselfish holding of public office. He urged the lawyers not to neglect the three latter functions, in pursuit of the first two for their clients. He also advocated and suggested the means to achieve
judicial reforms. This address was given when he was the Chief Justice of the New Jersey Supreme Court. He believed that no student of law is a born lawyer, it's not a gift of Gods. It is an art that must be learnt at the Law school, where the law school must not only teach 'who' and 'why' but also the 'how' of law. He wants that the shortcomings of the law is discussed openly in the law fraternity so that there is a responsibility on the lawyers to correct the shortcomings also. He bats for raising the standards of legal education through out his country. A shortcoming, he mentions, is the improper administration of justice because of which there are delays in the dispensation of justice. The delays arise because of: (1) Judges arriving late to courts in the mornings (2) Lack of preparation and resources before the actual trial. This includes (a) liberty to assign Judges in courts where they are needed according to their area of expertise; (b) Lack of pre-trial conferences, which if done, will compel the plaintiff and defendant's lawyers as well as the Judge to be aware of the case details before the hearing (3) Judges taking the matter under ‘advisement' and thus delaying their decision on the matter. He offers solutions to the three problems: (1) If lawyers and judges are morally responsible they will arrive to the courts on time like the senators of the State Capitol. (2) If the presiding judges are given the power to assign judges according to the requirement in various courts and the lawyers conduct pre-trial conferences, it will further reduce the delays (3) If judges are made accountable by writing down reports for reasons in delays on decisions in the matters, the need for advisement may not arise at all, unless absolutely necessary for which the reasons will be justified. Vanderbilt also believes that ultimately the public needs to be satisfied with the prevailing system of justice of a state. The public gets annoyed by the decisions based on technicalities of procedures and pleadings. The easiest way to remove this. He says, is to make rules of procedures rather than to have a legislative code. He also advocates giving the trial judge real power for decision making. Most importantly he believes that good judicial administration is only possible when judge's code of conduct is exemplary and that too in the eyes of the public. The judges must take care not to be associated with any political party ideology. Therefore the state must ensure that the judges are selected or elected very carefully, which will only be possible with a strong Bar Association. Honest jurors are needed for an intelligent citizenry, if justice has to be delivered in the courts. If there is an interest and will to show action in the progress of the judiciary, justice will be dispensed in letter and spirit. Whenever there is scope for improvement, lawyers should not shy away from it. Lawyer should be devoted to the betterment of their profession and strive to achieve the most ideal justice system meant for a society. If there is any hesitation in this will towards the devotion to be shown to their profession, an ideal future for building a great Justice system is bleak.
paupers As the left over cotton was sold at retail prices the cottage industry in each house could not afford to buy the raw materials England dumped her finished products at cheap rates in India thereby closing the cottage industries especially the weaving industries In the Punjab martial law cases, Gandhi found that in 99 cases justice was denied to Indians He realized that the whole administration was used for the benefit of the exploiter The middle level administrators were not aware of the plans of the British governments to reduce Indians to nothingness Gandhi was arrested under section 124(a) of the Indian Penal Code He studied the case histories of many Indians charged under this section and considers it a privilege to be ranked along with such patriots He states that he has no personal ill will against any person or the king Yet he considers it a virtue to be disaffected towards a government which in its totality has done more harm to India than any previous systems To have affections in such a systems was a sin and he firmly believed that he has rendered a service to India and England through the path of non- violence and non-cooperation Non-violence according to him implies voluntary submission to the penalty for noncooperation with evil At the end of the statement he requested the judge to either give him the highest penalty if he thought Gandhi was wrong or to resign from his post if he accepted that the British government was harming the Indians and not doing anything good to them.
OF FRIENDSHIP BY FRANCIS BACON In “Of Friendship” Bacon trying to explore the most significant aspect of human life, “Friendship”. In this essay, Bacon is trying to emphasize how genuine a friendship serves as a source of emotional and intellectual support. His work, although centuries old, continues to be relevant and resonates with the readers due to its timeless insight into human nature and relationship. In “Of Friendship,” Bacon attempts to explore the “value and importance” of friendship in a person’s life. He begins the essay by stating that a true “friendship” is one of the greatest sources of joy and it serves as a great counterbalance to the “solitude” that many individuals have to face in life. Further, he argues that friendship will bring a sense of “mutual understanding,” and offer a space for people to share their thoughts, emotions, and experiences freely. Further Bacon goes on to discuss the role of friendship in fostering wisdom and how friends provide a mirror for self- reflection. Moreover, Bacon reflects on the ways friendship can strengthen one’s “reputation and character,” as people who are known for their friendships are often seen in a more “positive light”. He concludes by asserting the delicate nature of friendship, which, when mismanaged, can lead to “envy and discord,” but if cultivated well, it can bring the “highest form of happiness”. Solitude & Companionship It’s hard to pack more truth and falsehood into a single statement than in this: “ Whoever loves solitude is either a wild beast or a god .” The truth is that a natural dislike of a man towards society is comparable to something of the wild beast. But it’s false to say it reflects anything
divine, unless it arises not from pleasure in being alone but from a desire to withdraw for higher, spiritual reasons. This kind of solitude is sometimes falsely claimed by figures like the Greek Epimenides, the Roman Numa, the Sicilian Empedocles, and Apollonius of Tyana, but genuinely seen in the lives of ancient hermits and holy figures of the church. Most people don’t truly understand what solitude is or how far it reaches. A crowd isn’t the same as company, faces are just like a gallery of paintings, and conversation is just noise if there’s no love behind it. The Latin saying “A great city is a great solitude” captures this idea somewhat, because in large towns, friends are often scattered, and the close-knit fellowship of smaller communities is lost. But we can go further and say that lacking true friends is the deepest and saddest kind of solitude. Without real friendship, the world feels like a wilderness. In this sense, anyone who is naturally incapable of friendship is more like a beast than a human being. First fruit of Friendship One of the main fruits of friendship is the relief it brings to the heart, discharge of the burdens and swellings of the heart, when it feels overwhelmed by emotions. Just as blockages in the body can be dangerous, emotional blockages in the mind can be harmful too. You can use remedies like sarza for the liver, steel for the spleen, Sulphur for the lungs, and pastorium for the brain, but only a true friend can ease the heart. A friend is someone you can share your griefs, joys, fears, hopes, doubts, advice, and anything else weighing on you, almost like confessing to them. It’s interesting to see how much value kings and rulers place on this benefit of friendship. They often seek it even at the risk of their power and safety. Because their status sets them apart from their subjects, they can’t experience this kind of friendship unless they elevate someone to be almost their equal. This can sometimes cause problems. In modern languages, such people are called “favorites” or “privates,” focusing on privilege or companionship. But the Romans called them “participes curarum”—“sharers in cares”—which better describes their role. Even the wisest and most skilled rulers, not just the weak or emotional ones, have chosen close companions, calling them friends and allowing others to do the same. These relationships were vital for their well-being and leadership. Sylla and Pompey When Sylla ruled Rome, he elevated Pompey (later called “the Great”) to such a high position that Pompey eventually saw himself as more powerful than Sylla. For instance, when Pompey secured the consulship for one of his allies against Sylla’s wishes, and Sylla expressed his displeasure and began making bold statements, Pompey effectively told him to calm down, reminding him that more people worship the rising sun than the setting sun. Julius Caesar and Brutus With Julius Caesar, Decimus Brutus had such influence that Caesar named him as a secondary heir in his will after his nephew. Brutus even persuaded Caesar to attend the Senate on the day of his assassination, despite warnings and his wife Calphurnia’s ominous dream. Gently lifting Caesar from his chair, Brutus remarked that he hoped Caesar wouldn’t dismiss the Senate just because
Therefore, relying on scattered or fragmented advice often leads to confusion rather than clarity. Trust in the consistent, holistic counsel of a devoted friend for the best results. Final Fruit of Friendship After the two noble fruits of friendship—peace in the emotions and clarity in judgment—comes the final benefit, which is like a pomegranate, full of many seeds: the help and participation of a friend in all aspects of life. The best way to illustrate the wide-ranging value of friendship is to consider how many things a person simply cannot accomplish alone. In this light, the ancient saying that “a friend is another self” feels understated, as a true friend can be far more than that. A person is confined by their physical presence, but friendship allows one’s influence and actions to extend beyond those limits. There are also things a person cannot do for themselves without awkwardness or impropriety—like praising their own virtues, seeking help, or making requests. What might seem embarrassing or unseemly when done for oneself becomes gracious and dignified when done by a friend on one’s behalf. Listing every advantage of this kind would be endless, but the principle is clear: whenever a person cannot suitably perform a task themselves, the role of a friend becomes indispensable. Without a friend, one might as well step off the stage of life.
The Law is Jealous Mistress by Joseph W Plank The proverb 'Law' is a jealous mistress', was popular in the American and English legal circles fu many centuries, It means that law as a subject or a discipline or profession needs absolute dedication and no other interest or hobby can be allowed for a practitioner. The author, Joseph W. Plank feels that such an opinion is out-dated and is a false statement. Hence it needs to be discarded and thrown out of usage. The method used by the author is to quote two different views on one topic and then give his opinion, instead of just stating his personal opinion. At the outset, he quotes Sir William Blackstone, British jurist and the author of Commentaries, who said that the "lady of the Common Law likes to lie alone". John Selden, a 17th Century English jurist and antiquary held the view that, the proverbial assertion that Lady Common Law must lie alone never wrought with me”. Charles Lamb, an eminent English essayist and a registered law practitioner in the Inner Temple, the Bar Association in England, writing under the pen name Elia, used to disprove some popular existing proverbs. The author Joseph W. Plank feels that if only Charles Lamb had taken it up he would have torn it to pieces. This fallacy has become a venerable ghost since it was being heard for many centuries in the English and American legal circles and to be time it is laid to rest. Describing a great lawyer, an English novelist William Makepeace Thackeray (1811-1863), says that he is a great intellect, who in a bid to understand the enormous legend called law, leaves out all fine things in life, all enjoyment, all friendship and shuts out all other subjects. This view tallies with the proverb, but the author considers this a discredit to a great profession and it is not the truth. Law's area is as wide as human life and its culture. Juvenal, a Roman satirist also known as Decimus Junius Juvenalis (60-140 A.D), considers that, whatever man does forms the subject matter of law. On preparation for the Bar, Dean Leon Green, of North Western University Law
School says that, good language skills are extremely important. Thorough and in depth knowledge of social science subjects like politics, history and economics is needed. An understanding of natural sciences, psychology, sociology and anthropology are also important to understand law in its proper perspective. A learned judge Hon. Merril Otis, held the opinion that the epithet, 'learned', should be given only to those who are not only learned in law, but also in history, politics, philosophy, science, economics, literature and jurisprudence. The author Joseph W. Plank admits that law requires a host of bed fellows which, are the other subjects, some of them being very practical. Since law was the first of the social sciences, she remains aloof. The belief that natural law or natural justice would prevail in the world acted as a deterrent to law being looked at as a useful social device. The aim of law is to attain social justice. Many subjects too work towards that goal. For e.g. taxation is not only for collecting taxes, but also of exercising social control. So a lawyer in the modern world needs to be a political scientist, economist and sociologist among other things. Lord Macmillan, addressing the American lawyers in Chicago said, that only those lawyers who possess wide knowledge not only in law, but also in other subjects can be given the epithet 'learned'. If a lawyer and a literary man are friends, they will enrich each other and enrich the society. He too stressed on the importance of good language skills for a lawyer. A lawyer should acquire knowledge not only from books, but from life also. To conclude, the author recalls a scene from Sir Walter Scott's work, 'Guy Mannering'. The client while visiting his lawyer Mr. Pleydell's office is surprised to see portraits by eminent artists and collection of classical literature in his library. Understanding his client's thoughts, Pleydell says that these are his tools. A lawyer without history and literature is a mason, with these he is an architect. So Joseph W. Plank says that it is time to give a decent burial to that hoary proverb.
Advice to a young man interested in going into law by Felix Frankfurter About the Author :( Born in 1882-Died in 1965) One of the most reputed Supreme Court Justices in the history of United States, Felix Frankfurter emigrated to the U.S from Vienna (Austria)with his parents and four siblings in 1894 at the age of 12.They lived in Leopoldstadt, centre of Jewish ghetto. In America, he had to face an undercurrent of hostility and a bleak economic future. When he arrived in Manhattan he could not speak one word of English. But with hard work, he earned his U.G degree from City College in New York, 12 years after his arrival. He joined law and graduated first class from Harvard law school. Felix worked with a private law firm on Wall Street, corporate sector. He was appointed by the government to serve as an assistant to U. S. attorney in the southern district of New York for four years. In'i911, he was appointed as solicitor to the Federal Bureau of Insular Affairs. In 1914, he joined as Professor of Law in the Harvard Law School, his Alma matter. In 1939, he was appointed to the United States Supreme Court as associate justice. He was also the informal advisor to F.D. Roosevelt, the American President. He died on Febrauary22, 1965.
Understanding your target market An important step in powerful advocacy, then, is knowing your target market and gaining knowledge of to empathize together along with your target market's values and evaluations and reports. In order to apprehend your target market, you ought to recognize the human beings you are attempting to persuade -the judges at the courtroom docket earlier than whom your client's enchantment is pending - as wonderful humans entitled to be handled with dignity Advocacy isn't always approximately you: It's approximately appreciating wherein all of us else withinside the process (in particular the human beings you are attempting to persuade) is coming from. It is set choosing up cues, sensing what goes on withinside the gift moment, and feeling the atmospherics withinside the courtroom. Lawyers to enhance the criminal gadget Envision your function withinside the highest, excellent, and maximum noble manner: As an appellate legal professional, you're the inheritor to an historic and honorable career. You communicate for the powerless and the helpless and the disenfranchised. You are a parent of the guideline of thumb of regulation that maintains us free. And you're the direct descendant of Cicero and John Adams, of Lincoln and Gandhi, and of such a lot of different attorneys who've made the arena a higher location. As a legal professional, you've got a sacred obligation to apply you’re the criminal gadget and construct an extra simply society. This is a excessive calling, however talents, now no longer handiest to symbolize your customers zealously, however to try and enhance additionally an honor and a privilege. Avail the possibility, the excellent manner Always take into account, irrespective of if the case is big or small, that while you constitute a person on enchantment, you're regarding yourself in one of the maximum critical reports on your client's existence. Try to technique every case as possibility so one can amplify each your human talents and your competencies as an advocate.
