New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1879-10-15
WHOLE NUMBER "a.
How the Poor witness Fares.

intelligent listener, beyond expression.
The great purpose of the average Grim
inal lawyer, for instance, is to draw
from the witness all the facts in his
possession except the facts touching
the case under consideration.
A countryman, chopping down .
tree, stops his work, and buries his AZ
up to the eye in the brain of his BROTH
er-in.law. The witness who saw the
whole bloody transaction is brought in
to court, and his examination runs
about this way:
"You say that the prisoner was
chopping tree down. Now. will you
please tell the Court and jury where he
bought the ax!''
You don't know; very well, sir,
We'll see about that
/" Now, sir, look at the jury-don't
stare in that helpless manner at me-
now, sir, do you say, upon your oath,
that you don't know that the defend
ant stole that AK before he left Padu-
cah?''
''You do say 50. ali! Well, now
mark me, sir. How many feet was it
from the tree the defendant was chop
ping to the nearest grist-mill? You
can't say
"Was it ten feet?''
Certainly, great deal more.'
.'Well, then, was it = thousand
miles?''
80 certainly not.''
THE Court and jury will please OBJ
serve the stubbornness of this witness.
1t is manifestly his purpose to keep
from the jury the facts they ought TO
know"
"Now, sir, who owned that millP''
The witness innocently inquiries.
"What mill?" but soon repents it.
"The jury will please observe the
exasperating contumaciousness of this
witness, his evasion, and his manifest
purpose to confuse your minds as to
the facts involved in this terrible MUIR
der!''
"Now, sir, look me in the face. You
have solemnly sworn that the man was
chopping near mill. Will you now
dare say-look at the jury, sir-that
there was no mill within one thousand
miles of the tree the defendant was fell
ing"
II don't say anything of the kind"
"The jury will please note that an
swer.''
CHOW, see here, my friend-we've
had about enough of this. You first
declared that there was no mill, and
now you brazenly avow there was q
mill near the wood-chopper-"
II said there was no mill within ten
fec"
Never do you mind what you said
II know what you said, and the jury
knows; and now, sir, you listen to me-"
"Who made your boots?''
"You don't know! Is there anything
under the heavens that you do knowf
There, there! Look at the jury-not at
me. And now perhaps you can tell
the jury what your name isp'
The witness tells his name.
"Now, sir-look at the jury!-how
long did you live therep"
The witness timidly asks, LIVED
where?" when the attorney springs to
his feet:
"May it please the Court and jury:
| find this witness utterly incorrigible-
stubborn, mulish and bent upon keep
ing back the very facts the jury must
have. He has clearly been tempered
with, and comes here with the manifest
intention of browbeating and worrying
both the jury and the bar. l have
temporized with him, l have led him
gently from point to point, in the hope
of beguiling him into q true recital of
the facts connected with this dreadful
murder; and what is my reward for
this considerable kindness and forbear-
ance! Speaking under the sanctity of
an oath, he tells this Court and Jury
that he doesn't know where he lives,
and has asked me to tell him! Great
heavens! can such things be, and not
overcome US like a-like-and not
overcome us? I ask your Honor that
this witness be sent to jail for contu-
macy, to remain there until he ex.
presses q willingness to tell what he
knows about this dreadful MURDER
The Court then admonishes the wit
ness that further trifling will not be
permitted; that he must answer the
gentleman's questions, or he'll GER
tainly feel called upon to commit him
to prison.
The witness by this time is bewil-
dered, scared, dazed; and INDUCES in
contradictions and absurdities as fast
and as often as the attorney requires
him to; and, finally leaving the stand,
it is quarter of an hour at least be-
fore he can recall his own name or fix
his own identity. The attorney then
gets upon his feet, tears the wretched
witness terribly contradictory and
foolish rigmarole all totatters, and asks
jury as false and nonsensical.
And that is one OF the ways many Of
our average criminal lawyers adopt
"to draw out the facts in great murder
cases "--Cdiro (Il.) Bsl1tin.