New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-30

exposed him. A stony hearted cross-examiner
has long claws like the furred law-cats OF ia
belais, with feline eyes looking far down into
the darkness of the past, and with treiess
persistence compelling witness TO rehearse
his reluctant autobiography. The sharp attor-
new NAV begin by asking if the great-great-
Grandfather of the sufferer was hung for MUIR
der. md he may end by limiting that the
nrescnt representative Of the family deserves
n similar exit. The stream OF testimony III an
ordinary trial, animated only by hunger for
money damages, runs with hardly rpp'o
upon its surface, and the worst imputatioh I'd
which q witness is exposed may be that oil an
untrustworthy memory. But when cliques ana
lotteries are by the ears, when the appear -
from the tca-tables to more serious tribunals,
when tho givers of evidence were themselves
n part of the res geStG. the fire Is not only
incessant, but, as our soldiers used 10 say IL
il all along the line. "Open the windows"
said an eminent Boston lawyer upon certain
OCCASION" the deposition smells" ana there
are cases in which all concerned carry some
thing of this dubious fragrance upon their gar
ments.
Those who are disposed to censure the pro-
lixity of law proceedings should in common
Justice remember that when the value OF most
of the testimony is in its animus, CELEBRITY Oh
progress in dispOsing of it is hardly possible
Witnesses albeit sworn to tell the Whoie
TRUTH may have personal reasons Tor what
they may regard as an innocent SUPPRESSION
especiully when q disclosure OF the facts IN
all their minutig may be incOnyenient mortl-
fyng. or damaging to themselves. As rule,
they are extremely ignorant of the nature and
limitations of testimony, and arc constantly
anxious to make good personal appearance
to tell what they should not tell, ana TO
keep to themselves matters OF which 1t wouid
be most agreeable to them to say nothing.
Their own opinions, prejudces and prefer
ences, ther own relations to the parties ana
connection with the events, their fears, their
hopes, and their wishes color their words,
modify their phrases, make them cautious OF
admission, and, however swiftly they may
have begun, render them slow and hestating,
so that before the end their sclf-posSession
may be quite exhausted. 1t is great mis-
fortune when long row of people are found
standing at the bar pleading to in
formal indictments, and in peril OF
social verdicts which may affect their
reputation for virtue or for vcracity
It gives a great shock to private confidence,
and materially lessons the importance which
we attach to advice to find 80 many betrayIng
the one and laundering in the other. AT the
same time we may admit that very often the
witnesses whose testimony is the most sus-
pcious have really tried to be candid, open,
and veracious. If they HAD opinions, they
could not help bringing them into court. II
they were governed to some extent by their
prciudices, their friendships, their affections,
and their associations, strict impartiality was
the last thing to be expected. Not so much
! this man, not so much that woman is on trial,
as the moral and social habits of section of
the community. Our Montagus and our Capu-
! lets do not bite their thumbs at each other in
! the street, and so fall TO fencing; but the
I fierceness of faction Is now as it ever las
been. and the moral vendettas of society are
of no age nor cline.