Smyrna times., 1876-02-16
ASoandalous Practice.

"Suppose, sir, should tell you that
could bring dozen of your own neighbors
who would swear they would not believe
you under oathl What would you say to
that?" And the witness replied very pleas
antly, " 1 should say you lied"
1t is-not often that the tables are thus
turned on a brow-beating and insolent
attorney, for unfortunately the latter al
ways has the advantage, and too often is
disposed to press it unfairly. There are
instances of this almost every day in our
courts. A modest, quiet business man un-
used to standing before great audience, is
placed in the witness-box. He unluckily
knows some important facts about a. case
on trial before an intelligent jury. He
states these facts truthfully and without
malice. They are, though not with any
connivance on his part, fatal to the other
side. The only remedy, therefore, is to
destroy his evidence. Consequently an
important little fellow, with bristling hair
and pompous tone, prepares to extinguish
him. Leaning back in his chair and
glaring at the modest man, the attorney
opens: Now, sir, what is your name p"
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 impor-
tance and the witness might deny his name
on second thought. So he says, "Now,
: sir, what is your name?"
"Thomas Brown" responds the modest
man.
"What?" screams the lawyer. :" Speak
up, can't you? You are not ashamed of
your name, are you?"
No, sir" replies Brown.
"Very well Then speak up, so the
l jury can hear you. Now, sir, what is your
F; interest in this case ?" with significant
look at the jury.
; ~ have no interest in it," replies the
I witness.
The attorney looks Mortified at the totaI
depravity of the witness. He glances al
the jury again, as much as to say "Gen
= tleman, didyou ever behold such turpitude?
and then goes on speaking deliberately
. and emphasizing every word with beck o
. his fore-fnger, Do you swear, sir, befor,
!, this jury, and in presence of this court, ant
: on your solemn oath, that you have no in
: terest in this case ~
! eyes, sir" says Brown, blushing.
: &c Yes, you have, or yes, you have not !?
!, 81 have not"
Haven't you confessed within the pas
= week to three different parties that yo
have an interest ~
= "No, sir" replies Brown, trembling, an
- trying to think if he has ever uttered
word that could be tortured into such a
y admission.
"You swear before this jury" says tn
:. attorney, that you never talked abou
= this matter?'
- ~ did not say had not talked, reptile
the witness.
10 "Ah, hal Then you have talkedr' e1
= claims the attorney. az thought l coul
!" ~ refresh your recollection"
en- 81 only said "-continues the witnes
he desiring to explain; but he is stopped al
fe ruptly.
of "Never mind what you say, sir. Whe
,r. | want to know what you said / will il
fl. quire of you. Understand you now
w. admit that you have talked about Il
Ill matter. Is that right?'
ch " l simply talked "
va :" Will you please answer my question
We. thunders the attorney. "Have you talke
n or have you not? Yes or no2'
90 "Yes. butt
,vs "That will do; you need not go on, s.
es That is ample. At least you admit tn
civ you, witness, an important witness,
hot this case, have been around the tov
,er discussing the matter Do you think tn
is the proper thing, sir, for witness
er: do?p
ler- The witness, abashed and humiliated,
col mains silent.
Die, "Will you answer, sif?" continues t
, to lawyer, threateningly. "Do you COZ
ave before this jury, expecting to be believe
xed while admitting that you have made Il
see case the subject of hope and fear, and d
yP cussed it on the street?'
ald The witness tries to explain, but is tC
ute to "stand down, and leaves the box, fe
lde ing that in some way no has been made
'om appear like rascally perjurer, when he
ant. as absolutely free from bias or prejudice
yen- the most disinterested spectator in
rled room. Any one who is at all familiar W
can our courts will see that the. above is "
ung faint picture of the badgering to VIII
who witnesses are subjected. Indeed, m
on giving his testimony might think he
lave escaped very easily if he met with nothi
in worse than this, and yet the imputatit
the contained in the above would be resen
lard with a blow in any other place than
own courts. Such attacks are cowarclly q
, we disgraceful, and still they are permit
ong, and winked at by our judges. We {
sing upon the latter TO begin the correction
Ierly this scandalous imposition. 1t is as mi
and their duty to protect witnesses from gra
len /" tous insult as it is to protect innocent n
IN to from unmerited punishment. The Law