Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-07-01
From tie Neao York. american.
TIE RIGHTS OF WITNESSES

LIZ hiUHIS OF WITNESSES.
we publish communication today on
the abuse OF the practice of cross-examina,ion
winch may,we trust, attract attention. Our
correspondent may possibly exaggerate some
oil the wrongs done to witnesses, and certain
~ ne does so in respect of the higher prac-
titoners OF the law who are quite incapable
OF so insulting age and sex, and ingenious
youth, as is imputed to be the course in some
Courts. But after all deductions and allow
ances, 1t is quite certain that the rights of
witnesses are too often grievously trampled
on, and that In the effort to serve their eli
ent, lawyers often forget what they owe to
the feelings of persons not volunteers in the
cause-but compelled by all the power of
the law to be there present to undergo torture
at the discretion of the opposing counsel.
For THE n. York AMERICAN.
Notice OF an article in the Westminster
Review for January, 1871, by one of the Ed
itors OF the Eclectic Review:
"Petuons were addressed to Parliament
setting forth the evils resulting from the IL
cense OF counsel as now understood. The
bishop OF London, when presenting one Of
these petitions, challenged the conformity of
the practice with Christian precepts. The
most prominent topic of animadversion is
the treatment of Witnesses. Such is the re-
| luctance of di.lident and sensitive minds TO
encounter the cross examination, that the adj
| mlnlstration OF justice is impeded.''
Although have been for many years
regular reader of the city papers, do not
| remember that the attention of the public has
ever been called through them from general
considerations to the subject of the above ex-
tract. 1t IS, nevertheless, one which appeals
strongly and directly TO the feelings of every
maH--io his sense of right and to his manly
PRIDE. ii is one which is intimately blended
with the ends of justice, and on this account
| alone ought to excite our interest. Although
the abuses daily occurring in the examina
ton oil witnesses III this country may not as
yet nave aroused The public sensiblity so ex-
tensively as they appear to have done i'm Enp-
land, no one need latter hiuself,hat they are
less gross or offensive. LAWYERS, like men
OF other professions and pursuits, are to an G.
quail II not greater extent what circumstan-
ces make them. But the boundless SWAY
which they have enjoyed for many wears over
the public judgment and feeling in the Uni
ted States, has, in my opinion, planted more
deeply certain obnoxious practices which
have grown up and hourished with luxur-
ance proportioned to the richness of the soil.
But my design in this communication is
not TO make the American the vehicle of an
nvective on the profession of the law. Far
rom It--ior among this profession number
my oldest and truest friends, men whom am
bound TO admire for their moral, intellectual
and social qualities. L will however confess
that have been for many years deeply excl
ted, from Witnessing the injuries inflicted on
the cause of justice and the rights of men in
The cross-eXamination of witnesses, The
remark which | recently encountered in the
above quotation awakened my feelings anew
ana induced me, more particularly with the
authority had obtained, to attempt to infusc
INTO The minds OF other men some small share
OF the feeling on this subject which had
cherished IN my own. I'm truth it is hardly
possible to believe, that in country where
the public intelligence is so active, and the
power OF the people constitutionaly so LARGE,
"a grievance so sore as this is should 10. have
| been ielt IN all its bitterness, and that some
effort should not have been made to remedy
II, or retaiiate upon its authors. If, indeed,
1t should seem strange to any one that an at
tempt has not been made, in an organized
| form, to overthrow practice so pregnant
with iniquity and wrong, let him reflect upon
the overwhelming influence which has been
welded by the profession, upon their ability.
upon their political and legislative control,
and he Will cease 10 wonder at it. The
knowledge of the laws themselves affords an
eminent advantage to the lawyer over the
rest OF the community ; the discipline of in
tellect that he acquires in the study is a sio-
nal aid. Consider in what manner this state
was legally and politically organized and
mere VIII be seen another and essential reason
Tor the Influence OF the profession.
| upon this point have no time TO dwell.
even II had the requisite ability to explain
1t fully. None but lawyer can do this.
and as have no right to enrol myself amonG
THIS or any other profession, will leave the
duty to be performed by one whose studies.
as well as enlarged zeal prompts him to un-
eei'aNe u. lie most prominent topic of an
imadverslon, says the reviewer, is the treat
inent OF witnesses. John Bull has become
testy, 1t seems, under the dragooninr of law
yers, and has undertaken to right himself
| what rcproach is this to our own country
GroanIng as the Englishman is under the i
! ron bondage OF hereditary aristocracV. and
taxed from the cradle to the grave. il anneare
strange that he should have spirit left TO lirt
his voice against this oppression. But in
republican America--ln this free land. where
no wrong can be perpetrated against the
voice OF the people, where no established
privileges are tolerated, where the will of the
people is IN truth as free as the course Of our
rivers ana the breezes of our mountains
we may wonder even under any explanation.
mat an ou'-cry has not been raised from one
end OF the land to the other against this in.
tolerabie outrage. Cross examinations are
unquesilonably essential to the cause of ms.
nee. The object Of them, take is to obtain
the facts more precisely, in order to compare
! 'Hem wlih those obiaiaed from other wines