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Thursday, June 17, 2010

A Griceian Analysis of Cross-Examination: The case of the Mad Hatter and the Stolen Tarts

by JLS
for the GC

""Call the first witness,' said the King; and the White Rabbit blew three blasts on the trumpet, and called out, `First witness!'"

"The first witness was the Mad Hatter."

"He came in with a teacup in one hand and a piece of bread-and-butter in the other."

"`I beg pardon, your Majesty,' he began, `for bringing these in: but I hadn't quite finished my tea when I was sent for.'"

"`You ought to have finished,' said the King. `When did you begin?'"

"The Hatter looked at the March Hare, who had followed him into the court, arm-in-arm with the Dormouse. `Fourteenth of March, I think it was,' he said."

"`Fifteenth,' said the March Hare."

"`Sixteenth,' added the Dormouse."

"`Write that down,' the King said to the jury."

"And the jury eagerly wrote down all three
dates on their slates, and then added them up, and
reduced the answer to shillings and pence."

------

THE PROTOCOL. Goadly notes that when Cromer reports cross-examinations in Egypt he is not expecting Oxford dons. "They dress differently in Egypt and that will trigger paralinguistic gestures", he wrote (to the effect).


"`Take off your hat,' the King said to the Mad Hatter."

"`It isn't mine,' said the Hatter.

----

IMPLICATURE:

"`Stolen!' the King exclaimed, turning to the jury, who instantly made a memorandum of the fact."

----


"[NOT REALLY].

"`I keep them to sell,' the Hatter added as an explanation."

"`I've none of my own. I'm a hatter.'"

----

"Here the Queen put on her spectacles, and began staring at the Hatter, who turned pale and fidgeted."

--- THE EVIDENCE ITSELF.

"`Give your evidence,' said the King; `and don't be nervous, or I'll have you executed on the spot.'"

------ As a study showed, it's the cooperative principle that is the one to carry the lead in cross-examination. The politeness principle, posited by Leech, is notoriously absent.

"This did not seem to encourage the witness at all: he kept
shifting from one foot to the other, looking uneasily at the Queen, and in his confusion he bit a large piece out of his teacup instead of the bread-and-butter."

---

"The Queen never left off staring at the Mad Hatter, and, just as the Dormouse crossed the court, she said to one of the officers of the court."

"`Bring me the list of the singers in the last concert!' on which the wretched Hatter trembled so, that he shook both his shoes off."

-----

"`Give your evidence,' the King repeated angrily, `or I'll have you executed, whether you're nervous or not.'"


"`I'm a poor man, your Majesty,'"

The Mad Hatter began, in a trembling voice,

"--and I hadn't begun my tea -- not above a week or so -- and what with the bread-and-butter getting so thin-- and the twinkling of the tea--'"

"`The twinkling of the what?' asked the King."

"`It began with the tea,' the Hatter replied."

"`Of course twinkling begins with a T!' said the King sharply. `Do you take me for a dunce? Go on!' "`I'm a poor man,' the Hatter repeated,

"`and most things twinkled after that --- only the March Hare said ---'

"`I didn't!' the March Hare interrupted in a great hurry."

"`You did!' said the Mad Hatter."

"`I deny it!' said the March Hare."

"`He denies it,' said the King."

"`Leave out that part.'"

"`Well, at any rate, the Dormouse said--' the Mad Hatter went on, looking anxiously round to see if he would deny it too."

"But the Dormouse denied nothing, being fast asleep."

"`After that,' continued the Mad Hatter, 'I cut some more bread- and-butter--'"

"`But what did the Dormouse say?'

one of the jury asked.

---

"`That I can't remember,' said the Mad Hatter."

"`You MUST remember,' remarked the King, `or I'll have you executed.'"

"The miserable Hatter dropped his teacup and bread-and-butter, and went down on one knee. `I'm a poor man, your Majesty,' he repeated."

"`You're a very poor speaker,' said the King."

---- SUPPRESSION.

"Here one of the guinea-pigs cheered, and was immediately suppressed by the officers of the court."

(As that is rather a hard word, I will just explain to you how it was done. They had a large canvas bag, which tied up at the mouth with strings: into this they slipped the guinea-pig, head first, and then sat upon it.)

"`I'm glad I've seen that done,' thought Alice. `I've so often read in the newspapers, at the end of trials, "There was some attempts at applause, which was immediately suppressed by the officers of the court," and I never understood what it meant till now.'"

----

"`If that's all you know about it, you may stand down,' continued the King."

"`I can't go no lower,' said the Hatter: `I'm on the floor, as it is.' `Then you may SIT down,' the King replied. Here the other guinea-pig cheered, and was suppressed.
`Come, that finished the guinea-pigs!' thought Alice. `Now we shall get on better.'

---

"`I'd rather finish my tea,' said the Mad Hatter, with an anxious look at the Queen, who was reading the list of singers. `You may go,' said the King, and the Hatter hurriedly left the court, without even waiting to put his shoes on. `--and just take his head off outside,' the Queen added to one of the officers: but the Hatter was out of sight before the officer could get to the door.

----

SECOND WITNESS:

"`Call the next witness!' said the King."

"The next witness was the Duchess's cook."

"She carried the pepper-box in her hand, and Alice guessed who it was, even before she got into the court, by the way the people near the door began sneezing all at once."

-----

"`Give your evidence,' said the King."

"`Shan't,' said the cook."

"The King looked anxiously at the White Rabbit, who said in a low voice:

************************************************
`Your Majesty must cross-examine THIS witness.'
*************************************************

"`Well, if I must, I must,'
the King said, with a melancholy air, and, after
folding his arms and

frowning at the cook till his eyes were nearly out of sight,
he said in a deep voice:

------

"`What are tarts made of?'"

"`Pepper, mostly,' said the cook."

"`Treacle,' said a sleepy voice behind her."

"`Collar that Dormouse,' the Queen shrieked out. `Behead that Dormouse! Turn that Dormouse out of court! Suppress him! Pinch him! Off with his whiskers!' For some minutes the whole court was in confusion, getting the Dormouse turned out, and, by the time they had settled down again, the cook had disappeared."

"`Never mind!' said the King, with an air of great relief. `Call the next witness.'"

"And he added in an undertone to the Queen,


`Really, my dear,

*************************************
YOU must cross-examine the next witness.
************************************

************************************
It quite makes my forehead ache!'"
************************************

"Alice watched the White Rabbit as he fumbled over the list, feeling very curious to see what the next witness would be like,

`--for they haven't got much evidence YET,'

she said to herself."

"Imagine her surprise, when the White Rabbit read out, at the top of his shrill little voice, the name `Alice!'

`Here!' cried Alice, quite forgetting in the flurry of the moment how large she had grown in the last few minutes, and she jumped up in such a hurry that she tipped over the jury-box with the edge of her skirt, upsetting all the jurymen on to the heads of the crowd below, and there they lay sprawling about, reminding her very much of a globe of goldfish she had accidentally upset the week before."

`Oh, I BEG your pardon!' she exclaimed in a tone of great dismay, and began picking them up again as quickly as she could, for the accident of the goldfish kept running in her head, and she had a vague sort of idea that they must be collected at once and put back into the jury-box, or they would die."

-----

"`The trial cannot proceed,' said the King in a very grave voice,
`until all the jurymen are back in their proper places-- ALL,' he repeated with great emphasis, looking hard at Alice as he said do."

"Alice looked at the jury-box, and saw that, in her haste, she had put the Lizard in head downwards, and the poor little thing was waving its tail about in a melancholy way, being quite unable to move. She soon got it out again, and put it right; `not that it signifies much,' she said to herself; `I should think it would be QUITE as much use in the trial one way up as the other.'"

"As soon as the jury had a little recovered from the shock of being upset, and their slates and pencils had been found and handed back to them, they set to work very diligently to write out a history of the accident, all except the Lizard, who seemed too much overcome to do anything but sit with its mouth open, gazing up into the roof of the court."

---- ALICE'S EVIDENCE:

"`What do you know about this business?' the King said to Alice."

"`Nothing,' said Alice."

"`Nothing WHATEVER?' persisted the King."

"`Nothing whatever,' said Alice."

"`That's very important,' the King said,
turning to the jury."

"They were just beginning to write this down on their slates, when the White Rabbit interrupted:

"`UNimportant, your Majesty means, of course."

"He said in a very respectful tone, but frowning and making faces at him as he spoke."

"`UNimportant, of course, I meant,' the King hastily said, and went on to himself in an undertone,

"`important -- unimportant -- unimportant -- important--'"

"as if he were trying which word sounded best."

"Some of the jury wrote it down `important,' and some `unimportant.'"

--

"Alice could see this, as she was near enough to look over their slates; `but it doesn't matter a bit,' she thought to herself. At this moment the King, who had been for some time busily writing in his note-book, cackled out `Silence!' and read out from his book, `Rule Forty-two. ALL PERSONS MORE THAN A MILE HIGH TO LEAVE THE COURT.' Everybody looked at Alice. `I'M not a mile high,' said Alice. `You are,' said the King. `Nearly two miles high,' added the Queen. `Well, I shan't go, at any rate,' said Alice: `besides, that's not a regular rule: you invented it just now.'
`It's the oldest rule in the book,' said the King. `Then it ought to be Number One,' said Alice. The King turned pale, and shut his note-book hastily."

---

"`Consider your verdict,' he said to the jury, in a low, trembling voice."

"`There's more evidence to come yet, please your Majesty,'"

Said the White Rabbit, jumping up in a great hurry;

"This paper has just been picked up."

"`What's in it?' said the Queen."

"`I haven't opened it yet,' said the White Rabbit,".

"But it seems to be a letter, written by the prisoner to -- to somebody.'"

"`It must have been that,' said the King, `unless it was written to nobody, which isn't usual, you know.'"

"`Who is it directed to?' said one of the jurymen."

"`It isn't directed at all,' said the White Rabbit."

"`In fact, there's nothing written on the OUTSIDE.' He unfolded the paper as he spoke, and added `It isn't a letter, after all: it's a set of verses.'"

"`Are they in the prisoner's handwriting?'" asked another of they jurymen.

"`No, they're not,' said the White Rabbit, `and that's the queerest thing about it.' (The jury all looked puzzled.)"

----

"`He must have imitated somebody else's hand,' said the King. (The jury all brightened up again.)"

-----

"`Please your Majesty,' said the Knave,

"`I didn't write it, and they can't prove I did: there's no name signed at the end.'"

"`If you didn't sign it,' said the King,

`that only makes the matter worse. You MUST have meant some mischief,

or else you'd have signed your name -- like an honest man.'"


"There was a general clapping of hands at this."

"It was the first really clever thing the King had said that day."

-----

"`That PROVES his guilt,' said the Queen of Hearts."

"`It proves nothing of the sort!' said Alice."

"`Why, you don't even know what the verses are about!'"

---

"`Read them,' said the King."

"The White Rabbit put on his spectacles.

"`Where shall I begin, please your Majesty?' he asked."

"`Begin at the beginning,' the King said gravely, `and go on till you come to the end: then stop.'"

"These were the verses the White Rabbit read:."

----

`They told me you had been to her,
And mentioned me to him:
She gave me a good character,
But said I could not swim.
He sent them word I had not gone
(We know it to be true):
If she should push the matter on,
What would become of you?
I gave her one, they gave him two,
You gave us three or more;
They all returned from him to you,
Though they were mine before.
If I or she should chance to be
Involved in this affair,
He trusts to you to set them free,
Exactly as we were.
My notion was that you had been
(Before she had this fit)
An obstacle that came between
Him, and ourselves, and it.
Don't let him know she liked them best,
For this must ever be
A secret, kept from all the rest,
Between yourself and me.'


----


"`That's the most important piece of evidence we've heard yet,'
said the King, rubbing his hands."

"`So now let the jury--'"

"`If any one of them can explain it,' said Alice, `I'll give him sixpence. I don't believe there's an atom of meaning in it.'"

"The jury all wrote down on their slates:

`She doesn't believe there's an atom of meaning in it,'

-- but none of them attempted to explain the paper.

"`If there's no meaning in it,' said the King, `that saves
a world of trouble, you know, as we needn't try to find any. And
yet I don't know,' he went on, spreading out the verses on his knee, and looking at them with one eye."

"`I seem to see some meaning in them, after all.


"--said i could not swim--"

You can't swim, can you?' he added, turning to the Knave.

"The Knave shook his head sadly.
`Do I look like it?' he said. (Which he certainly did not, being made entirely of cardboard.)"

"`All right, so far,' said the King."

"He went on muttering over the verses to himself:

`"We know it to be true--"

that's the jury, of course--

"I gave her one, they gave him two--"

why, that must be what he did with the tarts, you know--'

`But, it goes on

"They all returned from him to you,"' said Alice.

---

"`Why, there they are!' said the King triumphantly, pointing to the tarts on the table."

"`Nothing can be clearer than that. Then again--

"Before she had this fit--"

you never had fits, my dear, I think?'

he said to the Queen.

`Never!' said the Queen furiously, throwing an inkstand at the Lizard as she spoke. (The unfortunate little Bill had left off writing on his slate with one finger, as he found it made no mark; but he now hastily began again, using the ink, that was trickling down his face, as long as it lasted.) `Then the words don't fit you,' said the King, looking round the court with a smile. There was a dead silence. `It's a pun!' the King added in an offended tone, and everybody laughed.

"`Let the jury consider their verdict,' the King said, for about the twentieth time that day."

"`No, no!' said the Queen. `Sentence first--verdict afterwards.'"

"`Stuff and nonsense!' said Alice loudly. `The idea of having the sentence first!'"

"`Hold your tongue!' said the Queen, turning purple."

"`I won't!' said Alice."

"`Off with her head!' the Queen shouted at the top of her voice. Nobody moved. `Who cares for you?' said Alice, (she had grown to her full size by this time.) `You're nothing but a pack of cards!'"

-----

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