The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-07-05
How tho Poor witness Fares.

| From the Cairo Bulletin.l &c.,
The manner in whicn attorneys question
witnesses Is exasperating to the intelligent
listener, beyond expression. The great pur-
pose OF the average criminal lawyer, for in.
stance, is to draw from the witness all the
facts in his possession, excepting the facts
touching the case under consideration.
A countryman, chopping down a tree,
stops his work, and buries his axe up to the
eye in the brain Of his brother-in-law. The
witness who saw the whole bloody transac.
tion is brought into court, and his exami-
nation runs about thus:
'sYou say that the prisoner was chopping
tree down. Now, will you please tell the
Court and jury where be bought the axe 7"
."You don't know; very well, sir, We'll
see about that
"Now, sir, look at the iury-don't stare
in that helpless manner at me-now, sir, do
you say, upon your oath, that you don't
know that the defendant stole that axe be-
7ore!he left Paducah?"
"You do say so, ali? Well, now mark
me, sir. How many feet was it from the
tree the defendant was chopping to the
nearest grist-mil? You cau't say"
"Was it ten ieet?"
Certainly, good deal more"
"Well, then, was it thousand miles?"
go, certainly not"
"The Court and the jury will please OBJ
serve the stubborness OF this witness. 1t
is manifestIy his purpose to keep from the
jury the facts they ought to know"
"Now, sir, who owned that mill?"
The witness innocently inquiries, "What
mill ?" but soon repentS it.
"The jury will please observe the cNas-
peratlng contumaciousness OF this witness;
fn
confuse your minds as to the facts involved
in this terrible murder!"
"Now, sir, look me in the face. You
have solemny sworn that the man was
chopping near mill. Will you now dare
say--look ut the Jury, sir-that there was
no mill within 1000 miles Of the tree the
defendant was felllngf"
"I don't say anything of the kind"
"The Jury will please note that answer"
"Now, see here, my friend, we've had
about enough Of this. You first declared
that there was no mill, and now you bra
zenly avow there WAS mill near the wood
chopper"
~ said there was no mill within ten
fee"
"Never do you mind what you said-I
know what you said, and the Jury knows;
and now, sir, listen to me-"
"Who made your boots? ?v
"1 don't know .u.
"You don't know! Is there anything
under Gods heavens that you do know?
There, there! Look at the iury-not at me.
And now, perhaps, you can tell the Jury
what your name is!"
The witness tells his name. e.
NOW, sir-look at the jury !-how long
did you live there ?"
The witness timidly asks, "Liyed
where?" when the attorney springs to bis
feet:
"May it please the Court and jury, I find
this witness utterly incorrigible- stubborn,
mulish, and bent upon keeping back the
very facts the jury must have. He has
clearly been tan,pered with, and comes
here with the manifest intention Of brow
beating and worrying both the jury and
the bar. I have temporZed with him,
have led him gently from point to point, in
the hope OF beguiling him into true re-
cital OF the facts connected with this dread
ful murder: and what is my reward for this
consjderate kindness aud forbearance ?
Speaking under the sanctity OF an oath, be
tells, this Court and jury that he doesn't
know where he lives, and has asked me to
tell him! Great God! can such things be,
and not overcome lis like a-like-and not
| overcome us ? ask, your Honor: that this
witness be sent to Jail for contumacy, 70 re-
main there until he expresses willingness
to tell what he knows about this dreadful
murder" ---
The Court then admonshes the witness
that further trifling will not be permitted; !;
that be must answer the gentleman's ques-
tions, or he'll certainly feel called upon to-
| commit him to prison.
The witness by this time is bewildered,
scared, dazed, and indulges In contradc-
tions 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 before he can recall his own name or
fix his own identity. The attorney then gets
upon bis feet, tares the wretched witnesses
contradictory and foolish rigamole all to
tatters, and asks the Court that it be ex-
cIuded from the Jury as false and nonsenst.
cal.
And that is one of the ways many OF our
average criminal lawyers adopt "to draw
out the facts - in great murder cases.