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  • 9 hours ago
First broadcast 7th December 2012.

Stephen Fry

Alan Davies
Brian Cox (as Prof Brian Cox, University of Manchester)
Jason Manford
Rhys Darby

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TV
Transcript
00:01Good evening, good evening, good evening, good evening, good evening, good evening, and welcome to QI for an episode which
00:08is all about justice, members of the jury, the just Brian Cox, the judicious Rhys Darby, the judgmental Jason Manford,
00:31and a jailbird, Alan Davis.
00:40Well, in case I nod off during these proceedings, you all know how to catch my attention, it's with a
00:46buzzer, and Jason goes.
00:49Brian goes.
00:51All rise.
00:53Rhys goes.
00:55Order, order.
00:57And Alan goes.
01:02Excellent.
01:03So let's start laying down the law.
01:06Describe the rules.
01:07Oh, he's free!
01:09Ask apology.
01:10I'll tell you what, being a copper back then when everyone dressed like that was well easy.
01:15I think it might be him, it might be that guy.
01:18I'm going to take this off because the bridge of my nose is rubbing.
01:20Oh, you don't want that.
01:21Oh my God, it's Alan Davis!
01:23I won!
01:24Noel Coward was in a rehearsal when one of the actors was picking his nose.
01:28He thought secretly and Noel shouted, wave when you get to the bridge.
01:34Anyway, describe the rules on a pirate ship.
01:39Rules?
01:41Yeah.
01:41What sort of rules would they have?
01:43Obviously they've got a captain.
01:44Yes.
01:44So he's in charge.
01:45So I imagine he gets most of the gold and whatever they find.
01:49Well, oddly enough, they had two senior officers, the captain and the quartermaster.
01:53And the captain could be vetoed by the quartermaster on all matters except battle.
02:00Okay.
02:00Except rules of engagement when fighting.
02:02And they had strong laws.
02:04And the quartermaster was, he was about, how much did he, divvied out.
02:07Including, he decided how much the captain got.
02:09The captain had no special quarters.
02:11He didn't have a, you know, wonderful room, such as you imagine in movies.
02:15So it's not exactly from hierarchical, it's kind of a rule of two, the quartermaster and the captain.
02:19Otherwise, it was more or less a democracy in a strange sort of way, but with strict rules.
02:23For example, in Captain Bartholomew, Robert's ship, the fortune, there was no gambling.
02:28It was like a boarding school.
02:29No smuggling girls into the dorm.
02:31No playing music on a Sunday.
02:34And lights out at eight o'clock sharp in the evening.
02:36It's rubbish being a pirate.
02:38I know.
02:38It's not quite what you imagine, is it?
02:39It might have the captain.
02:40That's rubbish.
02:41But also...
02:42Where are you going to smuggle these girls from, anyway?
02:45That's true.
02:45Can you rescue one from the sea?
02:47No, no, no, no.
02:47There is a wonderful book, when Vic Reeves was on, he mentioned he was an expert on piracy.
02:51He loves a pirate, Vic Reeves.
02:52He loves piracy.
02:53And it's a book that both he and I had read, called Sodomy and the Piratical Tradition.
02:56And so it is a very well-known book of history.
03:00No, it is.
03:01So we're quite highbrow on the intellectuals.
03:04It is a very serious book of history, and very interesting, which goes into the way these things were run.
03:09But, obviously, with the emphasis on the sodomy.
03:11But there was also, obviously...
03:12And were there rules surrounding that particular pursuit?
03:16Yeah.
03:16There were rules, indeed there were, absolutes.
03:18Very strict rules.
03:19You couldn't just take whomever you pleased.
03:21Whatever.
03:21What are the rules of sodomy?
03:23No, on Sunday.
03:26I...
03:26I...
03:27It's...
03:27Eye-wateringly complex.
03:29Yeah.
03:30You're too young and too innocent to know.
03:33Honestly.
03:34I think for future reference, if I didn't...
03:37Stick to small things like supernovas.
03:40This is really too...
03:41Too explosive.
03:42Eye-wateringly complex.
03:46When it came to women aboard, the articles of Captain George Lowther, who was a famous pirate of his day,
03:51said,
03:51If at any time you meet with a prudent woman, that man that offers to meddle with her, without her
03:57consent, shall suffer present death.
04:00So, meddling with a prudent woman, without her consent, got you death.
04:05So, they really were very strict with each other.
04:07So, meddling was rape, really.
04:09I think, essentially, we're talking about rape, yeah.
04:10That lost its meaning by the time Scooby-Doo came on.
04:12Exactly.
04:18Why do you pesky kid's own medals?
04:22Votorious gang rapists.
04:26That's just terrible.
04:28I'm ashamed of you.
04:30Do they have pirates in New Zealand?
04:32We've been attacked by pirates on occasion.
04:35And you didn't have anyone transported to New Zealand, like Australia?
04:38No, it was a destination of choice, for those seeking adventure.
04:43Yeah.
04:43And death.
04:45Nothing's changed.
04:46Nothing much has changed.
04:47No, exactly.
04:48Why is the pirate voice similar to the farmer's voice?
04:54Why, is there something?
04:56Arrgh!
04:57Get off my land!
04:58It's single.
04:59One man responsible.
05:01Right.
05:01Do you know who it is?
05:02It'll be a film actor.
05:03Yes.
05:04Oh, okay.
05:04Treasure Island?
05:05He played in a great performance of Treasure Island.
05:08In fact, Tony Hancock, the great comedian,
05:10he first started out as an impersonator of this actor.
05:13Lawton?
05:13No, not quite as well-known as Lawton.
05:15In his own day, he was very, very well-known,
05:17but now less well-known.
05:18Anybody?
05:19It was on QI before.
05:20It was on QI before.
05:22It was on QI before.
05:22We've mentioned on QI before.
05:24Oh, wait a minute.
05:24The choices of Alan remembering it are...
05:27Someone is in front of us saying,
05:29you've done this!
05:31Look at this fact!
05:33This was on Dave on Tuesday!
05:36New facts!
05:37New facts!
05:38New facts!
05:40Well, it was Robert Newton, anyway.
05:41Robert Newt!
05:42Thank you, yes.
05:43Robert Newton.
05:44Robert Newton is the right answer.
05:46Yeah, but it doesn't count because we've had it before.
05:48There we are.
05:48David Prowse almost did that, didn't he, to Darth Vader?
05:51He has a West Country action, didn't he?
05:53Yes, he did.
05:53And he famously thought that he was going to be used, didn't he?
05:56Yes.
05:56With his West Country action.
05:57I am your father.
06:01Very upset.
06:03I'm your father, and I'm your brother as well.
06:08Sorry for when I tore there.
06:10Joking!
06:12Well, see?
06:14See?
06:15See, Darth Vader on a big tractor.
06:16Yeah.
06:17Srandling down the corridors of the Death Star, chewing a bit of straw.
06:22Darth.
06:23Darth.
06:26Mr. Darth, to you.
06:27Mr. Darth.
06:28Mr. Darth.
06:31It's...
06:32It's...
06:32Yeah.
06:32Anyway.
06:35Um...
06:35You know the Skull and Crossbone flag?
06:38Yes.
06:38Did they really have that?
06:39Because, I mean, that's really giving it away, isn't it?
06:41Oh, hell, we definitely covered that in the last series.
06:42Oh, really?
06:43I must have missed that.
06:43Alan will tell you all about it.
06:44Go on.
06:46Johnny and Roger.
06:48Yeah, we're in one of those.
06:50What is that in proposition?
06:56Maybe later, Alan.
06:57It's been ten years, Steven, and I've finally come round to it.
07:01All right, Alan.
07:02It's time for a Jolly Roger.
07:05An eye-watering Jolly Roger.
07:08All right, now.
07:09What's the difference between a Californian prison and a medieval dungeon?
07:13Now you can see we've very cunningly placed the Tower of London,
07:17which is a medieval dungeon, or part of it is,
07:19next to Alcatraz, which is, of course, a famous Californian prison.
07:23Is it...
07:23Because...
07:24Is it anything to do with the fact that you can't get out?
07:26Is it Alcatraz is famous, isn't it?
07:29Of being like...
07:30No, not out of prison.
07:31How did you get it out of prison?
07:34If you popped in the dungeon, you're given manacles like you had earlier,
07:38and you're given board and lodging, essentially,
07:40and we go on today about prisoners having to...
07:43It's like a hotel.
07:44Oh, no.
07:44Look how much it cost the government.
07:46Well, in the medieval days...
07:47Oh, they made them work.
07:48But not just made them work, they made them pay.
07:51They had to pay for their manacles.
07:53Wow.
07:54They had to pay for their foot jives.
07:56They had to pay for their everything.
07:57They had to pay for their accommodation.
07:59So they had jobs?
07:59Well, no.
08:00That was the awful thing, isn't it?
08:02A lot of them, pretty obviously, were not very rich.
08:04So what happened was that they usually then ended up in debtor's prison
08:08because they couldn't afford to pay the fee.
08:11Is that a picture of the returns desk?
08:14I don't like it.
08:15These are a nightmare.
08:17It really hurts.
08:17But yes, I mean, when they closed the fleet prison in the 40s,
08:20they discovered somebody had been there for 40 years
08:21for what was a small debt they couldn't have paid.
08:24Anyway, the point is, medieval dungeons, you had to pay your fee.
08:27And in California, at least in Riverside County,
08:31they reintroduced such a system.
08:32It's County Jail now charges inmates $140 a day to be in jail.
08:37Wow.
08:37It's more than like a Premier Inn.
08:39It's more than a Premier Inn.
08:40It's more than Lenny Henry pays to stay in hotels.
08:43So then it's quite a lot of money.
08:45Yes, and County Council...
08:46Then again, there's no table tennis at Premier Inn, so...
08:49Ah, yes, it's true.
08:52Pamela Walls of the council noted it may prove hard to collect reimbursements
08:56because those defendants who are convicted of crimes and incarcerated
08:59typically have limited funds.
09:01What a system.
09:02The supervisor, Geoff Stone, he thinks these are very challenging economic times
09:07and it could be a great source of revenue.
09:08It could return three to five million dollars a year.
09:12But, unlike in Britain, where you still had to pay even if you were innocent,
09:16at least in California, if you turned out not to have been guilty,
09:19you get your money back.
09:20Oh dear.
09:20Yeah.
09:21But, like, where are these people getting their money from?
09:24It's from crime, isn't it?
09:25So all it's doing is encouraging them to rob more stuff.
09:28Yes.
09:29They think, I'm going into prison, right, I better rob a load of stuff,
09:31it's going to cost me a fortune.
09:32They're just about to catch me, I better rush into this shop and take a chill.
09:36It's true.
09:37It's true.
09:37They can work once they're in prison though, can't they?
09:39From, in prison.
09:40Oh, indeed, in most prisons.
09:41Yeah.
09:41But there's work.
09:42You can set up a little lemonade stand or something in the basketball court and, you know.
09:47I had to pay soldiers when I was in prison.
09:49I was in prison when I was in prison.
09:50Like toy ones.
09:51They were little toy soldiers.
09:52Oh, wow.
09:53So it was quite sort of relaxing work.
09:55Then I was put on the polishing the corridor duty, which was not so pleasant.
09:58When were you in prison?
10:00I didn't know you were in prison.
10:00Did you not know?
10:01Oh, I have a chequered past, Brian.
10:03It's a can of worms.
10:04Four years ago now.
10:07We've moved on, Brian.
10:09We've moved on.
10:09Many people believe I should still be.
10:12You've gone through an institute for several years and you've come out in debt.
10:15Yeah, I should say.
10:15I'd rather like being a student.
10:17Yes, exactly.
10:18Very well put.
10:19That is basically what students are doing.
10:21Except you learn probably a lot more in prison than you would.
10:23Yeah.
10:24You learn a trade.
10:25That's all sort.
10:26You get a trade, you come out with a trade.
10:28Useful trade.
10:28Bouncing.
10:29You learn how to be a bouncer.
10:31Don't take this question personally, Alan.
10:32I didn't write this question.
10:34All right.
10:34Okay.
10:35Now, what sort of person would say that Alan has a very small penis?
10:42I'm sorry.
10:44My wife.
10:45My wife.
10:45No!
10:47This is a legal question.
10:49It is very much a legal question, yes.
10:51Oh, okay.
10:51I'll tell you the world we're in.
10:53We're in the world of defamation, all right?
10:56Let's say I was to write a novel about someone who presented a quiz show called KI who was called
11:02Simon Dry and he had a regular sidekick with curly hair who was called Andrew Devons and had a very
11:12small penis.
11:13The idea is that he'll never sue because he'll never say, this is obviously based on me.
11:20Because no one will say, it's obviously based on me because my name's like that and I've got a small...
11:24Oh, hang on.
11:27So that's the idea is that when you want to slander somebody, you put in certain things that they would
11:33never admit to.
11:34They'd be too embarrassed to say that it's like them.
11:36There was a writer who was snubbed by Martin Amis, the great novelist.
11:40That's Martin Amis there.
11:41Peter James was snubbed by him and he got his own back by creating a character called Amis Smallbone whose
11:48manhood is compared to a stubby pencil.
11:51And presumably Martin Amis does not sue.
11:54Was it Martin Amis who wrote about Norman Mailer and put a little sort of to the appendix, you know,
12:00to the index because they knew that Norman would always look.
12:02That was called the dog.
12:03And it said, yeah, hi, Norman.
12:05That's right.
12:07It's a bit like that Jewish joke, isn't it, about the will being read out, you know, and to my
12:11brother-in-law, Louis, who always wanted to be mentioned in my will, hello, Louis.
12:21So how do we get away with that as stand-up comedians when someone, like, someone eccles you and you
12:25have a go back and you say something in front of a room of, you know.
12:28Well, it's a kind of understood contract between an audience and a comedian.
12:33Right.
12:33That someone heckles and you go, if I want any shit from you, I'll squeeze your head or whatever.
12:37You know, some straw.
12:39What's that?
12:46So, what, what, what, what else would you say?
12:50What other things?
12:51Just an example.
12:52Don't give away my best heckle remarks.
12:54Um, but what I mean is, if you made a joke heckle, that's not defamatory.
12:59I think that's the point.
13:00So, tit for tat doesn't stand up in court, does it?
13:03No, I don't think so, exactly.
13:04He started it.
13:05Yeah, exactly.
13:07But there are various defences.
13:09In the, in the case, which is an obviously untrue one of Alan's small penis, for example.
13:13One defence is the truth, does and does have a small penis.
13:18The other is parliamentary privilege.
13:20So, a member of parliament can get up and say, Alan Davis, Mr Speaker, has a small penis.
13:24Another member of parliament get up and say, he's a grower, not a shower.
13:32The point of order.
13:33The point is, you couldn't sue either of them because under parliamentary privilege, there's no action that could be taken.
13:39There's increased privilege in peer-reviewed scientific journals as well.
13:43Oh, that's privileged.
13:44Yes, it is to some extent.
13:46So that if you're quite rude about a fellow scientist.
13:49Yeah, as long as it's in a peer-reviewed journal and it's not malicious, then you're allowed to do it.
13:54In, in the interest of freedom of debate.
13:57I could publish a paper reviewed by my peers about your penis and I would be relatively immune unless I
14:02was being malicious about it.
14:04Right.
14:05Now that's the phrase, of course, they use in American defamatory law is absence of malice.
14:09If you can prove absence of malice, then you can say almost anything.
14:12I like his small penis.
14:16It's very, very tiny, but it's wonderful.
14:19Yes.
14:19Surely at some point, sarcasm must come and...
14:22Well, there's that.
14:23If you can prove that, exactly.
14:24So, the other one is good faith.
14:26I genuinely thought he had a small penis.
14:28I didn't mean it.
14:29As defamatory, it was said in good faith.
14:32That's one thing.
14:32The other is opinion.
14:34Which is, it was just my opinion.
14:35Compared to mine, it's small, okay?
14:37Right.
14:38It's a review.
14:39It's a review.
14:40It's a review, exactly.
14:41One star.
14:42The other is public interest.
14:44The public has a right to know the size of a small penis.
14:49That might be a defense.
14:51The other is consent.
14:52He agreed with me about the size of his penis.
14:55The other one is vulgar abuse.
14:58Surely you didn't believe me when I said you had a small penis.
15:01I was just being rude to you.
15:02I was not defaming you.
15:04It would be like if I called you, you know, one of the unacceptable taboo swear words.
15:09If I called you a motherfucker, you know.
15:11It's not defaming you.
15:12Whereas if I actually wrote down that I believed you actually incestuously did have sex with your mother, that would
15:18be defamatory.
15:19So that's the difference?
15:21Not with a penis that size.
15:26That's just going all over the place.
15:29Can we see the evidence?
15:32It's all about evidence.
15:33Not from there, it's mine.
15:34No, no.
15:35Just let me do.
15:37No, no, no.
15:38Settle this.
15:38The first person at home going, I should never have gone HD.
15:51Rise.
16:00There you go.
16:04There is...
16:07Is this on BBC Three these days?
16:11I'm so sorry.
16:12I'm fine.
16:12I know.
16:13Anyway, that's the point.
16:14Saying a character isn't very well, Han could save you from a libel action.
16:18Which reality TV format was invented by Charlemagne's father?
16:23There's a picture of Charlemagne.
16:25Big Brother?
16:26It's not as well as Big Brother.
16:27I will give you a clue.
16:29Celebrity Big Brother?
16:32On Channel 5?
16:33I'm a king, get me out of here.
16:35Don't cover it.
16:36I can tell you it was presented by Dale Winton.
16:41Supermarket Sweep?
16:42No, I...
16:43What else is he doing?
16:46Ah, you're pretty good.
16:47I know the workings of...
16:49You're good on Dale.
16:51Yeah.
16:51You probably don't know who Dale Winton is, do you?
16:54Ah, chap or lady?
16:57Audience, the head!
17:03He's a very charming gentleman, Mr. Winton.
17:06Well turned out.
17:08Well turned out gentleman.
17:10Very nice man.
17:11Who was his father?
17:12Well, Charlemagne's father is a good question.
17:14Unlikely to have heard of him.
17:15I'd be very impressed if you have heard of him.
17:17He was Count Pepin the Short, unfortunately.
17:20But if you go back to...
17:21This is even pre-medieval.
17:22This is the Dark Ages.
17:23If you go back to that, justice was meted out in all kinds of odd ways.
17:26One of the odd ways, it was a system of testing, which was called an ordeal.
17:31An ordeal.
17:32Ordeal.
17:32Ordeal.
17:33Ordeal.
17:33Ordeal.
17:34Ordeal.
17:34Ordeal.
17:35Ordeal or no ordeal.
17:36Oh no!
17:39If only were...
17:41If only were no lemons we were talking about, then that would do...
17:43Is he a lady or a man?
17:45Is no lemons a lady?
17:48Well, ordeals.
17:49And this particular ordeal involved...
17:53Two people had a quarrel.
17:54They both had to make the shape of a cross.
17:57See?
17:58And...
17:58And stay there.
18:00I don't know what that's about.
18:03Someone said he's got a small penis.
18:07Are you a real doctor?
18:09It was called Judicium Crucis.
18:12The Justice of the Cross in Latin.
18:14And basically, it's a bit like the school punishments where they make you do that.
18:17Have you ever did that?
18:17The one who just dropped his hands first was wrong.
18:20And it happened to the Archbishop of Paris with the Abbot of Saint Denis.
18:25Only they would use champions to do it for them.
18:27So they would say, you on my behalf, stand for as long as you can in the cross.
18:31And in this case, the Archbishop of Paris won.
18:34It's a pity you have to nominate someone.
18:35Because if you didn't, you could just pick on old people.
18:42You could have ordeal by tickling.
18:44They genuinely had all kinds of ordeals.
18:45Ordeals by water.
18:46Ordeals by fire and so on.
18:48But there is a car game.
18:50Is it that one where you have to kick your hand on the car?
18:52Yeah.
18:53And then the last one wins it.
18:54You see?
18:55You do know it.
18:56Dale Winton presented, I think on Channel 5, an endurance game show based on a Japanese
19:01original called Touch the Truck.
19:04Ah.
19:06That's Dale there.
19:07I'd love to watch that.
19:08Just loads of people touching a car and then that's it.
19:10Yeah.
19:11For an hour.
19:12For an hour?
19:1381 hours.
19:15Well, I'd sky plus it and fast forward through it.
19:18It's basically the last one to give up on touching the truck.
19:21But it doesn't do anything.
19:22You just stand there.
19:23No, you have to touch it.
19:24Yeah, it's going 80 mile an hour.
19:28That's a game show.
19:33You were allowed a 10 minute break every 2 hours and 15 minutes every 6 hours.
19:38This is made up, isn't it?
19:39No one would...
19:40If you fell asleep you were disqualified so you had to stay awake.
19:44You couldn't just lie on the car with your hand on it.
19:45You had to be consciously touching it.
19:48And the idea was the last person left touching it won it.
19:52And the winner, you'll probably want to know all about him I expect,
19:54He won the truck, obviously.
19:57And he sold it in order to raise funds to stand as a political...
20:01For arm surgery.
20:03To stand as a political candidate.
20:05He stood to Kingston and Surbiton at the 2001 general election.
20:09There was a turnout of 49,093 people and he secured 54 votes.
20:15Wow.
20:18We do it in New Zealand.
20:19It's a radio show contest.
20:21It quite often happens.
20:22Yeah, we're probably the last country still doing it.
20:25That's the only way you can get your cars back in New Zealand.
20:29Doing it on radio sounds even weirder to me, I have to say.
20:32They're still touching it?
20:33They're still touching it?
20:34Do you have to drop?
20:34Still touching it?
20:35No, they interview the people who are touching the car.
20:38So, I've got John here, how's it going?
20:40Ah, good, I'm still touching it.
20:42You know.
20:43How many hours now?
20:44Seven.
20:44One.
20:45Anyway.
20:47That's it.
20:47That's basically a game show inspired by a dark ages endurance test.
20:52Yeah.
20:53Extraordinary, isn't it?
20:54What sentence would you recommend in Jedward Justice?
21:00Like...
21:00Like...
21:00I feel very sorry, Everace.
21:02We're giving you all kinds of cultural references that can mean nothing to you.
21:05Have you heard of Jedward?
21:06Yeah.
21:06Are they judges?
21:09They look very young.
21:11I believe Irish.
21:12Are they twins?
21:12They're conjoined twin judges.
21:15They're not conjoined.
21:16They've done well, haven't they?
21:22They're not conjoined.
21:26They're twins, yeah.
21:29Did you get a reaction?
21:31No, it looks like they are.
21:34Who has the R in the middle?
21:37They do look a little strange, I have to say, but that's probably because of the wig business.
21:41No, no.
21:42Nothing to do with it.
21:44Okay.
21:45Nothing to do with it.
21:46But anyway, there really is such a thing as Jedward Justice.
21:48It predates these twinsters.
21:50Maybe that's where they got their name from, really.
21:51Oh, I don't think so, really.
21:53This is a town which was originally called Jedward, and then it changed its name to Jedbra.
21:58It still exists.
21:59Jedbra, you may have heard of it.
22:00In the northeast.
22:01It is.
22:01It's on the borders, in fact.
22:03It's a border town, and that's the clue, really.
22:06The borders, as you know, suffered throughout history.
22:09Incursions and raids from England, raiding through Scotland, stealing, and vice versa.
22:15And they were often summarily hanged without a trial, and it was known as Jedward Justice.
22:22And our name for that, where someone is especially killed without a trial, is what word do we use for
22:27that?
22:27Ah, lynchmarble.
22:28Lynch, lynch, lynch.
22:29Now, where does the word lynch, why is it called lynch?
22:32I have absolutely no idea.
22:34Well, there's a claim to the origin of the term lynch, which is a man called James Lynch Fit Stephen,
22:40who was the mayor of Galway in Ireland.
22:42And he hanged his own son from the balcony of his house after convicting him of the murder of a
22:48Spanish visitor in 1493.
22:51Wow.
22:51So that's pretty bold, isn't it?
22:53It's on a bike.
22:54It's extreme.
22:55Don't it's lesson?
22:56He never did it again.
22:59No.
23:00It's a joke.
23:00Did he say, hanged his own son for stealing a bike?
23:03No.
23:04No.
23:05Did he say, what did you think that he said?
23:07Did he get off?
23:07I misheard you, because I'm so hungry.
23:08I don't want to stop.
23:09Killing his, killing his, I can't concentrate when I'm hungry.
23:12Killing his Spaniard?
23:13So killing his Spanish visitor, yes, Spaniard.
23:16He killed me.
23:16Do you not listen to him?
23:17No, he doesn't.
23:18No, I'm starving, hungry.
23:19Are you?
23:20And now I can't concentrate, because I'm having a blood sugar crack.
23:22I never get called up for jury service and you're hungry in the afternoon.
23:27What was it?
23:27Kill the Spaniard or stole a bike?
23:31It's quite an important descent.
23:34Starving.
23:35Can I get an apple?
23:36Yeah.
23:36Where did that come from?
23:37I don't know.
23:38Stole a bike?
23:39I don't know.
23:39I was just drifting off.
23:41I was thinking about pasta.
23:43When his brain sugar drops, I'm afraid all kinds of weird things start to happen.
23:48Well, there's no one got something to eat here, do we not?
23:50Are you bringing Sully down?
23:51There you go, come on.
23:52Thank you very much.
23:53Come on.
23:56Come on.
23:56Come on.
23:57Come on.
23:57Come on.
23:58What's that?
23:59What's that?
24:00I'm having a flapjack.
24:02Oh, flapjack.
24:05Oh, thank you.
24:06Yeah, go on.
24:06Oh, do you have them kids?
24:08Very good.
24:14You got something to eat for Stephen?
24:15No, no, I'm just going to find it.
24:16When was the bicycle invented?
24:18It wasn't invented in 1493, was it?
24:20No.
24:21Don't do anything.
24:23Don't do anything.
24:23Well, in fact, I'm questioning Alan's.
24:27As if Alan's mind works on logical rails.
24:31You'll be found guilty of that.
24:32Stole me bike.
24:33You what?
24:33I don't know.
24:35Don't even know what one is.
24:37Don't know what it is.
24:37It should be just enough sugar to get your mind to tell the difference between somebody murdering a Spaniard and
24:43stealing the bike.
24:44Before the invention of the bike.
24:46Yeah, exactly.
24:47Alright.
24:47Let's just do the question again.
24:49Come on.
24:50You don't get away with it that easily.
24:53Anyway, moving on.
24:54Why should you never leave a judge in a room on his own?
25:00He might sentence himself.
25:04As it were.
25:06As it were.
25:07As it were, yeah.
25:07As it were, yeah.
25:09Well, you're not allowed to.
25:10Well, if you're a barrister, you're not allowed to.
25:12That's right.
25:12I used to work at the Crown Courts in Manchester and, er, er, as a, erm, the accused.
25:18And, er, quite a bit.
25:21No, I used to, my dad and auntie were stenographers, so I used to sort of do, like, over the
25:25summer.
25:25Oh, did they use those machines?
25:26Yeah, that sort of, er, that sort of palaver.
25:28And, erm, if you were, like, the last barrister knocking about, you weren't allowed to leave if the judge was
25:34still in.
25:34Exactly right.
25:35Yeah.
25:35It's called dressing the judge.
25:37You don't actually dress him, it's just known as dressing the judge.
25:40Er, don't they?
25:41Oh, not there, aren't they?
25:43They look very pleased.
25:44One of the backs had a lovely moment.
25:47Oh, yeah.
25:48He really is.
25:50It's a bit of a bliss out, isn't it?
25:51He's really very happy.
25:53But, in fact, in actual terms of dressing a judge, it's a very expensive business.
25:56The High Court judge's attire can amount to £14,920.
26:02That's quite expensive for your work gear.
26:04It includes the cost of two scarlet robes, like this, and a silk one.
26:07The horsehair wig costs £1,295.
26:11They have court britches with buckles at £665.
26:15Stockings, suspenders.
26:16Yeah, well, they do have to wear stockings.
26:18Bras.
26:18When you take silk, you have to wear two pairs of stockings as a barrister.
26:22And the reason for that is that Queen Victoria was very offended by the sight of men's hairs sticking out
26:27from their legs through the silk tights.
26:29That is horrible.
26:30So they had to wear two pairs of tights so their hairs didn't stick out.
26:33And this tradition continues to the day.
26:35Wow.
26:35Isn't that interesting?
26:36Yes, it is, Stephen. Thank you.
26:37Good.
26:39But the wig sort of doubles up now because, I mean, I don't know if it's always been the case,
26:43but in a sort of Superman-type disguise,
26:45like, if you ever see a judge out of his wig and robe, he looks completely different.
26:52So he can sort of have a little wander around Manchester City Centre even though everyone hates him and no
26:56one knows that they hate him.
26:57That is one of the reasons they cling on to this whole business.
27:00They say it does give them a kind of anonymity.
27:03A barrister's are not allowed to shake hands with each other either.
27:05Oh, I didn't know that.
27:06Yeah, yeah, they're not allowed to shake hands with each other.
27:08Well, they're just pumped, are they?
27:11You see?
27:13All right.
27:14Out of court, they don't shake hands with each other.
27:17Interesting.
27:17I think it must be down to just a, well, if he's looking after me, I don't want to see
27:21him...
27:21Yeah, I guess so.
27:22...bratenising with the enemy sort of thing.
27:23But do you know about this one?
27:24You might do it.
27:25If you're not properly dressed as a barrister, if you've not got the right black and white or you're wearing
27:29a colourful tie or something like that,
27:31the judge, as it were, can't see you.
27:34Oh, right.
27:34Yeah, she says, I cannot see you.
27:37Also, I cannot hear you.
27:39If he's not properly dressed, I cannot hear you.
27:41You can shout as loud as you like if he's not properly dressed.
27:45Can't see you.
27:46Can't hear you.
27:49All of that.
27:50So, until they wear the right clothes, they cannot be seen or heard by the judge.
27:54It's a bit of a weird situation.
27:54If you didn't know what item of clothing you had on that was offending him.
27:59Yes.
27:59And you'd be going, is it the bow tie?
28:00And then, like, the second you took it off, he went, hello!
28:05Well, there you are.
28:07Well, there you are.
28:07There you are.
28:09Anyway, now, what happened when the biggest miser in the land forgot his reading glasses?
28:15He made an error in which he gave away his fortune or something happened.
28:18No.
28:19Because he had forgotten his glasses, he wasn't able to sign a document.
28:23Because he couldn't see.
28:24So, he said, I'll take the document and I'll sign it at home.
28:27What might that document be?
28:28His will, maybe?
28:28His will.
28:30Yes.
28:30So, there, he's got his will.
28:33He said, oh, I can't, I'll take it home and sign it at home.
28:36He got home.
28:36Died.
28:37Yes.
28:38Oh.
28:39Now, that case, his name, his name, his name was Jennings and he was very, very rich.
28:46And he had quite a lot of family.
28:48So, there was a case called Jennings v. Jennings, or as a lawyer would say, Jennings and Jennings.
28:53And it started in 1798 when he died and it ended in 1915.
29:01Wow.
29:02Wow.
29:02Why did it end?
29:03The jury all died.
29:05No.
29:06But the Jennings died.
29:07No.
29:07Well, they found his glasses.
29:10Because...
29:19He died for the same reason that the fictional version of this case, that Charles Dickens made
29:25famous in his novel, Bleak House, John Dice v. John Dice, which he based exactly on this
29:29story, for the same reason.
29:31The estate ran out of money.
29:32The lawyers had used up every penny of the estate.
29:37Doesn't that tell you everything you need to know?
29:39And Bleak House, of course, which is one of Dickens' absolute masterpieces, has this court
29:44case running through it, John Dice v. John Dice.
29:46And it's been going for dozens of years in Chancery.
29:49But he wrote that in 1852.
29:51And this Jennings case had been going on for 54 years.
29:56And Dickens was little to know that it was to carry on going till the First World War.
30:00I mean, it's staggering, isn't it?
30:02And all because the man forgot to sign his will.
30:04These people were so desperate, so repatient...
30:06We don't forget that he died.
30:08LAUGHTER
30:11Here they are.
30:12There they are.
30:13It must be very good glasses to help you read that book.
30:16LAUGHTER
30:18Have you done your will?
30:19Have you had that chat?
30:21It's actually depressing.
30:22Well, you had a lady come round to the house, and I sat down with her.
30:25And because she's so used to talking about death...
30:28Yeah.
30:28...she's sort of, like, not bothered about it.
30:30Nonchalant.
30:31Yeah, I'd say so.
30:32And she sat there, and she said,
30:33Right, so if you die, where do you want, you know, your money and house and all that to go
30:36to?
30:37I said, well, the wife and the kids and that.
30:39She said, and what, if you and your wife both die?
30:41I said, er...
30:57See what the hell went on?
30:58Wipes a family of five off the planet!
31:01LAUGHTER
31:01Mine was a bit more circumspect.
31:03They kept finding different words for die, they were...
31:06And even you both...go.
31:09LAUGHTER
31:09Perish.
31:10Part.
31:11You were both gathered to the bosom of Abraham.
31:14LAUGHTER
31:15Well, I suppose that's their job, isn't it?
31:17Basically.
31:18I think I'd better...well, I can't remember.
31:19You can have my collection of Wagner records.
31:22Oh, thank you.
31:23Make him sign it now.
31:25LAUGHTER
31:26He'd be very keen for me not to sign it, I suspect.
31:29Um, no, he was considered the richest commoner in the land,
31:32the richest non-aristocrat,
31:33and he lived in Grosvenor Square,
31:35in a very sumptuous and beautiful house,
31:37except he lived in two tiny little rooms in the cellar,
31:39and he kept the sumptuous rooms
31:41because he charged visitors to be shown around them.
31:43That's how much of a miser he was.
31:45If only three ghosts would have visited him.
31:48That's not where they sorted that.
31:50I'd be the biggest turkey in the window.
31:51Exactly right.
31:53Exactly.
31:53Tiny Tim, master of all.
31:55Anyway,
31:56where would you find a precocious toddler,
31:58a fertile octogenarian,
31:59and a moron in a hurry?
32:01Is that on...?
32:02LAUGHTER
32:04LAUGHTER
32:04Fuck your palace.
32:06Oh!
32:07Like the celebrity big brother.
32:09Are they calling the Evans a moron there?
32:11That seems very tough.
32:12He's a precocious toddler, isn't that?
32:13Oh, is he?
32:15Phew!
32:15Again, this is in law.
32:17A moron in a hurry.
32:19Well, we've all been that.
32:20Yes, we have.
32:22These are sort of fictional types of people.
32:25That they use in law?
32:27That they use in law.
32:28The most famous one is the man on the Clapham...
32:31Omnibus.
32:32Omnibus.
32:33It has to do with advertising.
32:34I.e. what we would call the man...
32:35No, it's not.
32:36It's just the man in the street.
32:37Oh, I see.
32:38English common law is based on the idea of the reasonable man.
32:41What would a reasonable person think, you know?
32:43The man on the Clapham Omnibus is not stupid,
32:45but he's not a professor of astrophysics.
32:48He's not a moron in a hurry.
32:49He's just an ordinary, sensible citizen.
32:53And that is used as a standard by judges.
32:55And a moron in a hurry is used as a standard
32:57for another kind of problem in law that might come up.
33:01It's in the area of passing off.
33:03Do you know what I mean by passing off?
33:04Like logos or something?
33:05Yeah, so, expand.
33:07Almost like false advertising.
33:10Or maybe plagiarism.
33:11That's more like it.
33:12As it were, product plagiarism.
33:13Yes.
33:14Suppose I brought out something called Boca Bola
33:16and it was in a can exactly like,
33:19with the same lettering and the same patterning.
33:21That would be against the law.
33:23A moron in a hurry probably, would he notice that?
33:26If it was green, not red, he would notice.
33:29Even a moron in a hurry would notice.
33:31That would not count as passing off.
33:33But if it was very similar and he thought,
33:36oh, I'm buying a bad can of Coke, that's passing off,
33:38you know, because you don't have to look very hard.
33:40You can just quickly see it seems to be the same thing.
33:42Right.
33:42So that's just used as a sort of type.
33:45I've got to be careful there
33:45because you've also got people who are not very observant.
33:49Well, there is that.
33:50You know, I mean, that's me.
33:52Are you not an observant person?
33:53Well, yes, when I was in the army
33:55there was an observation trail we had to do
33:57and you had to walk through the bush
33:59and they put all these things that you had to go through
34:01and have a look
34:02and then when you came out the other end of the bush
34:04the sergeant would ask you,
34:06what sort of things did you see?
34:08And I told him I saw three things
34:10including the cone which marked the exit.
34:14So there was really just two things I saw
34:17and there were 17 things in the bush
34:20and one of those was a tank.
34:27But, you know, my excuse was a lot of it was camouflaged.
34:31Yeah.
34:32That's good.
34:33I'm not a moron in a hurry.
34:35No.
34:35Because I took a long time.
34:37A casual moron.
34:38Three times the length of time.
34:40A casual moron, yes.
34:42So you'd be a fertile octogenarian then?
34:45Yes.
34:46Well, the fertile octogenarian is a fictitious character
34:48who presumes that anyone, even an octogenarian,
34:51can parent a child.
34:52So they're these kind of archetypes.
34:54What's a kid? Why is she in a mood?
34:55Because she's a toddler.
34:57Like a fertile octogenarian at the other end of the scale.
35:00Oh, okay.
35:00To be fair, she's not a toddler.
35:02She's a bit older than that.
35:03She is. She looks jolly cross, doesn't she?
35:05Jolly cross.
35:06Anyway, not in the realm of fiction and certainly not legal,
35:09can you explain this?
35:11Two people claim to have had sex on the moon.
35:16Who are they?
35:17How do they do it?
35:19Well, they're clearly under the moon.
35:21Yes.
35:22That's amazing.
35:23Yes, they are rather, aren't they?
35:25Ricky Brothers, it's not Armstrong and Aldrin.
35:28Well, they're all not.
35:30It's not the astronauts.
35:31There's no one that's actually been there.
35:32Not on the moon itself.
35:34But are there any bits of the moon on Earth?
35:36Yeah, moon rock.
35:37Yes.
35:37In the spring of 2002, an intern at NASA at the Johnson Space Center in Houston,
35:42three interns, stole the whole safe full of rock samples there.
35:48The ringleader, Thad Roberts, and his accomplice with the wonderful name of Tiffany Fowler,
35:54apparently spread the rocks on a bed and did it on the rocks.
36:00That doesn't sound, it's horrible.
36:01They got the rocks off on the rocks.
36:03I don't know how you'd say it.
36:04It does sound uncomfortable.
36:05It does sound terrible.
36:06But it's certainly unique.
36:07I don't think there's any other couple on Earth can claim to have shagged on the moon,
36:11or at least on bits of the moon.
36:12I think I own a bit of the moon.
36:14You own a bit of the moon?
36:14Yeah, someone got it at me once for my birthday.
36:16Oh, it's like having a star name.
36:18I don't know how legitimate it is.
36:19I'm just waiting for Branson to sort it out.
36:22Yes.
36:22Then I'll have a little look.
36:24You'll probably know more about this than I do, but Virgin Galactic is not the only company
36:28that's seeking to offer at least a journey out of the atmosphere.
36:32Yeah.
36:32But it'll be quite a short time out of the atmosphere, won't you?
36:35Yeah, you'll be there for a few minutes.
36:37It'll cost a lot, but would you consider doing it?
36:41I would.
36:42You'd love to see it.
36:43Yeah, yeah, yeah.
36:44It's more of a thrill ride, isn't it?
36:46About two and a half minutes, and then you come down.
36:48Like the vomit comet, which is the way you plug...
36:50I did that.
36:50Have you done that with the...
36:51Oh, yes, you did on your show.
36:53Yeah.
36:53So you did, yes, absolutely.
36:54And that's...
36:55Remarkable.
36:56I have to say, I watched it and I admired it.
36:58You did very well.
36:59But I was really admiring the cameraman.
37:02Spinning around.
37:03Managing to keep you in shot.
37:05Yeah, that's right.
37:05It can't have been easy.
37:06But there will be bits of the moon other than the bits
37:09that were brought back on the surface of the Earth.
37:11There's quite a lot of moon and Mars, because you get meteorites...
37:14...that enter the Earth's atmosphere.
37:17And it may be apocryphal, but the story of a piece of Mars
37:21hitting a dog in Egypt...
37:23Really?
37:23...and killing the dog, yeah.
37:25What are the chances of the unlucky dog?
37:27But it's one of the Martian meteorites,
37:29the famous Martian meteorites.
37:30Presumably ended his life.
37:31Yes.
37:32Coming in at quite a speed, quite a...
37:33Yeah, and go...
37:35There's also...
37:36We'd better be caught it.
37:38Yeah.
37:39There's also a story of a woman whose leg was broken by a meteorite.
37:42It was in bed, and one came through her roof and broke her leg.
37:46Brian, is the moon the same all the way through, or is the surface different from the rest of it?
37:52It's not got an iron core, because it's thought to have been blasted off the edge of the Earth
37:58by a collision early on in the formation of the solar system.
38:01Did they go down very far, the Apollo astronauts, when they were collecting samples?
38:05No.
38:06They just scooped it off the surface.
38:07It just sacked and off they went.
38:09Yeah.
38:09Is that some of the evidence that tells you that the moon was blasted off the Earth at some point
38:14in the past?
38:14Because the composition of the rock is very similar.
38:17Anyway, I should point out that this story that Thad Roberts tells of shagging on the moon,
38:21not everybody believes him.
38:22Some people think he's just a big old show-off, and it's not true.
38:26But he certainly claims it, and so on.
38:28Who knows?
38:28And finally, why would I encourage a psychopath to eyeball my crotch?
38:35Look at that picture.
38:39Wow.
38:40This is one of those that I don't think we want to know the real answer.
38:43No.
38:44Nice idea.
38:45Would it release the tension?
38:47Well, I'm afraid we're back in the weird world of the 1960s,
38:51and we're in the world of theoretical psychiatry.
38:55And it won't surprise you to learn that it was in California,
38:59there was a psychologist called Paul Bindrim, who pioneered nude psychotherapy.
39:04In 1967, at a nudist resort, and he devised discomforting exercises,
39:10one of which was called crotch eyeballing,
39:12in which participants were instructed to look at each other's genitals,
39:17and disclose the sexual experiences they felt most guilty about,
39:22while lying naked in a circle with their legs in the air.
39:26I'm afraid there was a doctor at Oak Ridge Hospital for the Criminally Insane,
39:31a Canadian psychiatrist called Elliot Barker,
39:33who did the marathon nude psychotherapy session for criminal psychopaths.
39:37These raw, naked, LSD-fueled sessions lasted 11 days.
39:42Wow.
39:4311 days, you give a psychopath LSD, take their clothes off, and...
39:50But, you see, I believe in evidence-based medicine,
39:53so if that can be shown to work, it should be available on the NHS.
39:56I agree.
39:58It doesn't matter how ridiculous it is.
40:00Yes, so right.
40:01I, too, an empiricist like you, you'll be pleased to know
40:04that the average rate of recidivism amongst psychopaths is 60%.
40:11Amongst those who did that programme, it was 80%.
40:14There we are.
40:16Therefore, with a strong pass.
40:17That's a bad idea.
40:19Recidivism...
40:19Oh, I see, I see, yeah.
40:20Recidivism is when you do it decline again.
40:22Yes, yeah.
40:22But why don't we try it?
40:24Let's get up.
40:25Let's all get up and show each other our genitals.
40:28I, I, I...
40:29Come on.
40:30Come on.
40:31Come on.
40:32Come on.
40:33Come on.
40:36There's a lot of people getting cameras out.
40:38Oh, no.
40:40We're in social networking.
40:41He's got a very long telephoto lens as well.
40:44It's insulting.
40:45You won't see mine from there.
40:46Yeah, yeah.
40:47There you go.
40:53Maybe the audience could take their clothes off as well.
40:56You feel good about that?
40:58Yeah, I feel more comfortable.
40:59OK.
41:00I hope the BBC lets us show this moment.
41:03So, one, two, three...
41:04Browsers on.
41:05Oh, dear.
41:06We, um, seem to have a technical problem.
41:09We're working to fix that as soon as we can.
41:12And, good, it's fixed now.
41:13So, let's get straight back to QI.
41:15Hopefully, we haven't missed anything quite interesting.
41:18That was very good.
41:19That went well.
41:20I thought that was...
41:21Very, very good.
41:22That was very interesting.
41:24Very interesting.
41:28Um...
41:29And, uh...
41:30Good one.
41:31I can see why they call you Brian Cox now.
41:35Absolutely.
41:36Because he had a blue one.
41:37Yeah, no, all right.
41:39Anyway, we've learnt a lot about each other and about the audience.
41:42Thank you for participating as well, all of you.
41:46Um...
41:47It was very interesting.
41:49It was very revealing.
41:50And, talking of revealing, there is something, after all, to be said for crotch eyeballing.
41:54There's a lot more to be said for score eyeballing.
41:58And, my goodness me, do we have some scores for you today.
42:02It's hard to believe that a man of such intellect should be in last place.
42:05But, I'm sorry to say, on minus seven, it's Brian Cox.
42:08What?
42:13It's an honour.
42:14And, uh...
42:16On minus two, Janus-
42:18In second place.
42:28With a magnificent plus score of three, is Rhys Darby.
42:31Oh, well thank you.
42:36And can you believe it, there's the element with a towering five inches, I mean, sorry,
42:41a towering five points, Alan Davis.
42:53It only remains to me to thank Rhys, Jason, Brian and Alan and may God have mercy on yourselves.
42:59Good night.
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