The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1876-05-06
A sOandalOus Practice.

under oath What would you say to
that?" And the witness replied very
pleasantly, II should say you lied"
Il is not often that the tables are thus
turned on brow-beating and insolent at
torney, for unfortunately the latter always
has the advantage, and too often Is dispos-
ed to press it unfairly. There are instances
of this almost every day in our courts. A
modest, quiet business man, unused to
standing before great audience, is placed
in the witnessbox. He unluckily knows
some important facts about case on trial
before an intalligentjury He states these
facts truthfully and without malice. They
are, though not with any conniyauce on
his part, fatal to the other side. The only
remedy, therefore, is to destroy his evi.
dence. Consequently an important little
fellow, with bristling hair and pompout
tone, prepares to extinguish him. Lean.
ing back in his chair and glaring at the
modest man, the attorney opens snow, sir
what is your name ?" OF course he knows
it, the jury knows it, the court knows IT,
but the attorney asks it again, as If it were
of the greatest Importance, and the witness
might deny his name on second thought
So he says, "Now, sir, what is your name p
Thomas Brown" responds the modest
man.
"What?" screams the lawyer. "Speak
up, cant you? You are not ashamed Of
your name, arc you?
"No, sir, replies Brown.
"Very we'll Then speak up, so the
jury can hear you. Now, sir, what is your
interest in this case p with significant
look at the jury.
II have no interest in it," replies the
witness.
The attorney looks Mortified at the total
depravity of the witness. He glances at
the jury again; as much as to say: "Gen-
tlemen, did you ever behold such tsrpi-
tude?' and then goes on speaking deliber-
ately and emphasizing every word with a
beck Of his fore-6nger, "Do you swear,
sir, before this jury, and in the presence
of this court, and on your solemn oath,
that you have no interest in this case ?"
"Yes, sir, says Brown, blushing.
"Yes, you have, or yes you have not ?''
"I have not"
Haven't you confessed within the past
week to three different parties that you
have an interest p
mo, sir" replies Brown, trembling,
and trying to think if he has uttered a
word that could be tortured into such an
admission.
"Ycu swear before this jury" says the
attorney, "that you never talked about
this matter ?"
81 did not say I had not talked" repli-
ed the witness.
"Ah, ha Then you have talked" ex-
claims the attorney. II thought l could
refresh your recollection"
~ only said"-continues the witness,
desiring to explain; but he is stopped alb
ruptly.
"Never mind what you said, sir. When
l want to know what you said l will in
quire Of you. | understand you now to
admit that you have talked about the
matter. Is that right ?"
II simply talked
"Will you please answer my question ?"
thunders the attorney. "Have you talked,
or have you not? Yes or no?"
eyes, but
"That will do; you need not 90 on, sir.
That is ample. At last you admit that
you, q witness, an important witness, in
this case, have been around the town dis
cussing the matter! Do you think that
is the proper thing, sir, for witness to do?"
The witness, abashed and humiliated,
remains silent.
"Will you answer, sir ?" continues the
lawyer, threateningly. ado you come be-
fore this jury, expecting to be believed,
while admitting that you have made this
case the subject of hope and fear, and dis
cussed it on the street?"
The witness tries to explain, but is told
to stand down" and leaves the box, feel.
ing that in some way he has been made
to appear like rascally perjurer, when he
is as absolutely free from bias or prejudice
as the most disinterested spectator in the
room. Any one who is at all familiar
with our courts will see that the above Is
very faint picture OF the "badgering" TO
which witnesses are subjected. Indeed,
man giving his testimony might think
be had escaped very easily if he met with
nothing worse than this, and yet the i'm
putations contained in the above would be
resented with blow in any other place
han the courts. Such attacks are COW
lrdly aud disgraceful, and still they are
permitted and winked at by our judges.
We call upon the latter to begin the cor
rection of this scandalous imposition. It
S as much their duty to protect witnesses
rom gratuitous insult as 1t is to protect
innocent men from unmerited punishment.
3.s
The Month Of May.
May, the fifth month in the Gregorian
Calendar, consists Of 81 days. The name