The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1879-09-13
TRnATmENT on W1rNrssrs.

HA u ME;NE OF WITNESSES.
The manner In which 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 tho
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 10 the eye in the
brain of his brother-in-low. A witness
WHO saw the whole bloody transaction is
brought into court, and his examination
runs about thus
"You say that the prisoner was choppius
tree down, Now, will you please tell the
court and jury where he bought the axe
You don't know. Very we'll, sir, ws'll sec
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 axe before he left MilpitasP You say
SO, ah2 Well, now, mark me, sir. How
many feet was it from the tree TIE defend
ant was ehotping to the nearest grisl-mill7
you can't say2 Was it ten feetP
certainly. A good deal more"
"Well, then, was it thousand mile ?"
ooh certainly not"
"The court and tile jury will please OBJ
serve the stubbornness of this witness. Ills
manifestly his purpose to keep from the jury
the facts they ought to Khown."
"Now, sir, who owned that mill 2"
The witness innocently inquiries:
"What mill?" but soon repents it.
"The jury Will please observe the exas.
perating cohtumaciousness of this witness,
his evasiveness; and his manifest purpose to
confuse your minds as to the facts involved
in this terrible murder"
"Now, sir, look me in the face You have
solemnly sworn that the man was choppine
near mill. Will you how dare say-look
at the jury, sirl-that there was no mill
within one thousand miles of the tree the
defendant was fellihg?"
"l don't say anything OF Tie kihdp"
"The Jury will please note that answer:
Now see here; my friend, we've had about
enough of thsl You first declared that
there vas no mill, and now you brazenly
avow shat there was mill near the wood.
chopper"
al said there was no mill within ten
feet"
"Never do you mind what you 6aid-I
know what you saidj and the jury knows.
And now, sir, listen TO me! Who made
your boots? You don't know Is there
anything under Gods heavens that you do
kGowH Thefe there look at the jury
not at me. And now perhaps you can tell
the jury what you name is?'
The witness tells his name.
"Now, sir, look at the jury! How long
did yot live there?"
The witness tmidly asks:
"Lived whereof" and the attorney springs
10 his feet.
"Moy it please the court and jury, find
this witness utterly incorrigibe, stubborn,
mulish, and bent upon keeping back the
very facts the jury must have. He has
clearly been tampered with, and comes hero
with the manifest intention of brow beating
and worrying both the jury and the bar. l
have temporized with him, have led him
gently from Loint to point, in the hope
of beguiling him into true recital of the
facts connected with this dreadful murder.
Aud what is iiiy reward for this consulate
kindness and forbearance? Speaking under
the sanetity of an oath he tells this court
and jury that he doesn't know where he
lives, and has asked me TO tell himl Can
such hings be, and not overcome us like a
-like-and not overcome us? | ask, your
Honor, that this witness be sent TO Jail for
contumacy, to rerrain there until he ex-
presses a willingness to tell what he knows
about this dreadful murder"
The Court then admonishes the witness
that further trifing will not be permitted;
that he MIDST answer the gentleman's ques-
tions, or he will certainly feel called upon
to commit him to prison. The witness by
this time is bewildered, scared, dazed, and
indulges in contradictions and absurdities
as fast and as Otter as the attorney reqAires
him to; and finally leaving the stand, lis a
quarter of ar! hour, at least, before he can
recall hia own name or fix his own identity.
The attorney Their gets upon his feet, tears
TIE wretched and amazed witness contradic.
tory and foolish rigmarole all to tatters, and
asks the court that it be excluded from the
jury as false and nonsensical. And that is
one Of the ways many of our avsrage crimi-
nal lawyers adopt to "draw out the facts" in
great murder cases.