The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-06-18
The Evansville Journal SAYS:
How the Poor Witness Fares.
ICairo Bulletin.I

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 the
facts in his possession, excepting 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 trausac-
ton Is brought into court, and his examina-
ton runs about thus:
you say that the prisoner was choppinga
tree down. Now will you please tell the
court and jury where he bought the a1?'
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 ak before he
left Paducah?n
You do say so, Ell? Well, now mark me,
sir. How many feet was it from the tree the
defendant was chopping to the nearest grist-
mill2 You can't say"
WAS it 10 feet?'
Certainly, great deal MORE
well, then, was it 1000 miles?"
80, certainly not"
The court and jury will please observe the
stubbornness of this witness. tits manifestly
his purpose to keep from the jury the facts
they ought to know"
NOW, sir, who owned that mill?"
The witness lnnocently inquiries, What
mill?" but soon repents it.
The jury will please observe the exasper-
ating contumaciousness of this witness, his
ovation. 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 chopping
near mill. Will you now dare say-leok
NJ fbo civ bof fhoro uroc mill MI n.
in 900 miles of the tree the defendant was
felling?'
81 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 declare
avow there was mill near the wood-chop-
per"
81 said there was no mill within 10 fee"
"Never do you mind what you said-I
know what you said, and the jury knows;
and now, sir, you listen to me-"
'Who made your boots?"
aYou don't know Is there anything IN
der Gods heavens that you do know? There,
therel Look at the jury-not at me. And
now perhaps you can tell the jury what
| your name is?''
The witness tells his name.
NOW, sir-look at the jury-how long did
| you live there?"
The witness timidly asks, Lived where?"
| when the attorney springs to bis feet:
May it please the court and jury: I find
this witness utterly gible-stubborn,
mullsh, and bent upon keeping 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. have
temporized with him, 1 have led him gently
| from point to point. IN the hope of beguiling
him into true recital of the facts connected
with this dreadful murder; and what is my
reward for this considerate kindness and
forbearance? Speaking under the sanctity OF
an oath, he tells this court and jury that he
dosen't know where he lives, and has asked
me to tell him. Great Godi can such things
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 re-
main there until he expresses 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 must answer the gentleman's questions,
or he'll certainly feel called upon to commit
| him to prison.
The witness by this time is bewildered
scared, dazed; and induigesin contradictions
and a5surdities as fast and as often as the
attorney requires him to; and, finally leav-
ing the stand, il is quarter of an hour al
his own identity. The attorney then get:
upon his feet, tears the wretched witness
terrible contradictory and foolish rigmarole
all to tatters, and asks the court that it bs
excluded from the jury as false and nom
sensical.
And that is one of the ways many of oul
average criminal lawyers adopt Ito draw GU
the facts in great murder cases.