The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-07-15
TnE uNFoRTuNArE WIrXEss.
An Unexaggerated Picture Of What is
Done In Our Courts.

SSNV ." SeA SVttN4t
Prom tho Cairo tlll.) BullStIn.
The manner in which attorneys ques.
ton witnesses Is exasperating to the intel.
ligent listener beyond expression. The
great purpose Of the average criminal
lawyer, for instance, is TO draw from the
witness all the facts in his possession, ex.
cept the facts touching the case under
consideration.
A countryman, chopping down tree,
stops his work and buries his ak up to the
eye in the brain Of his brother.in.law.
The witness who saw the whole bloody
transaction is brought into court, and his
examination runs about thus
"You say that the prisoner was chop.
ping a 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 defendant stole that az be.
fore he left PaduCha?"
"Y GU do say so, Ell? Well, now mark
me sir. How many feet was it from the
tree the defendant was chopping 10 The
nearest grst-mill? You cant say.h
WAS it ten feet?"
Certainly, a good deal more"
We'll, then. was it q thousand miles?"
"Oh, certainly not"
THE court and the Jury will please oh.
serve the stubbonness Of this witness. It
is manitestly his purpose to keep from the
jury the facts they ought to know"
Now, sir, who owned that millY'
Inc witness innocently inquiries, "What
mlllY but soon repentsit.
THE jury will please observe the exas-
perating contumaciousness of this witness,
his evasion and his manifest purpose to
confuse your minds as to the facts inyoly-
ed in this terrible murder" .7G
Now, sir, look me inthe face, You have
solemnly sworn that the man was chop
ping near mill. Will you now dare saw
look at the jury, sir-that there was no
mill within 1000 miles OF the tree the de-
PENDANT was fellingP" 81
81 don't say anything of the kind"
THE jury will please note that answer"
Now, see here, my friend-we'ye had
about enough otthis. You first declared
that there was no mill, and now YOU bra.
zenly avow there was mill near the wood
chopper"
a 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?"
You don't knowl Is there ANYTHING
under Gods heavens that you do know?
There, there! Look at the jury-not at
me. And now, perhaps, you can tell the
jury what your name ISL"
The witness tells his name.
"Now. sir-look at the jury!-how long
did you live there?"
The witness timidly asks, "Liyed
whereYs when the attorney springs TO his
feet.- 41s " - 8 : ~ =
MAY it please the court and iury, l
find this witness utterly inCorrigible, stub
born, mulish and bent upon keeping back
the very facts the jury must have. lie has
ca Early been tempered with and comes
here " 9Th the manifest intention Of brow.
beating ana worrying both the Jury and
the bar. / have temporized with him,
have led him gently from point TO point
in the, hope Of beguiling him into a true
recital OF the facts connected with this
dreadful murder, and what is my reward
for this considerate kindness and iorbear.
ance? Speaking under the sanctity Of an
oSth, he tells this court and Jury that he
doesn't know where he lives, and has ask
ed me 20 tell him! Great God! can such
things be, and not overcome US like a.
like and not, overcome ,us2 i ask, yonl
honor, that this witness be sent to jail for
contumacy, to reuain there until he ex-
presses willingness to tell what he knows
about the dreadful murder"
The court then admonishes the witness
that further tritling will not be permitted
that he must answer the gentleman,sques
tons, or he'll certainly feel called upon e
commit him to prison. .
The witness by this time is bewildered
scared, dazed, and INDUCES in contradic
tons and absurdities as fast and as often a!
the attorney requires him to; and, finally
leaving the stand, it is aquarter Of an houi
at least before he can recall his own namt
or fix his own identity. The attorney ther
gets upon his feet, tears the wretched wit
ness contradictory and foolish rigmarolt
all to tatters, and asks the court that it b
excluded from the jury as false and non
Aensical.