Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1876-12-21
Vol. XXI. Whole No.ll42. No. 81.
How Witnesses are Confused.

When an attorney intends to badger a
witness, he says, severely
| Now, sir, what is your namer or
course, he knows it, the jury knows it, but
the attorney asks 1t again, as If it we're of
the greatest Importance, aud the witness
might deny his name on second thought.
So he says, Now, sir, what Is your name >
Thomas Brown, SIR replies the modest
| man.
'Whatr screams the lawyer; speak up.
can't you? you are not ashamed of your
name, are your
No. sir, replies Brown.
Very well! Then speak up so the jury
can hear you. Now, sir, what is your in
terest in this caseg with significant look
at the jury.
Il have no interest in it, replies the wit
ness.
The attorney looks Mortified at the total
deprayity of the witness. He glances at
| the jury again, as much as to say: Gen
tlemen, did you ever behold such turpi-
tude: and then goes on speaking deliber-
| ately, and emphasizing every word with a
beck OF his fore finger. 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 caseT
Yes, SIR says Brown, blushng.
AtS, rVu ha'Sp Vi fSSs yOu nave HoIf
Il have not
Haven't you confessed within the past
week to three different parties that you
have an interest?'
No, sir replies Brown, trembling, and
trying TO think If he has ever uttered i
word that could be tortured into such an
admission.
You swear before this jury says the
attorney, that you have never talked
about this matter?'
Il did not say had not talked replied
the witness.
'Ah, ha. Then you have talked!' ex-
claimed the attorney. Il thought | could
refresh your recollection
Il only saId'-continues the witness, de-
string to explain; but he is stopped alb
ruptly.
Never mind what you said, sir. When
| want to know what you have said will
inquire of you | understand you now to
admit that you have talked about the mat
ter. Is that right?'
i simply talked
viii you please answer my question"
thunders the attorney. Have you talked
or have you not? Yes or no?'
Yes, but
That will do; you need not go on, sir.
That is ample. At last you admit that,
y W., q "tshNosf an aiiL "llitsS lil
this case, have been around the town dis
cussing this matter. Do you think that
is proper thing, sir, for a witness to
dog
The witness, abashed, humiliated, re-
mains silent.
'Will yon answer, sir?' continues the
lawyer, threateningly. DO you come be-
tore the jury expecting to be believed,
while admitting that you have made this
case the subject of fear and hope, and dis
cussed 1t on the street?
The witness tries to explain, but is told
to stand down and leaves the box feeling
that in some way he has been made to ap-
pear like rasca4iy perjurer. when he is
as absolutely free from bias or preju dice
a the most dsinterested spectator IN the
room. Any one who is all familiar with
our courts will see that the above is q very
faint picture of the 'badgering' TO which
witnesses are subjected. Indeed. a man
giving his testimony might think he had
escaped very easily il he met with nothing
more than this, and yet the imputations
contained In the above would be resented
with a blow in any other place than the
courts. Snch attacks are Cowardly and
disgraCeful, and still they are permitted
and winked at by our judges. The latter
should begin in the correction Of this scan
dalous imposition.