Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1879-07-24
DRAWING OUT THE FACTS.
The Experience of a Truthful Wit
ness Under an Able Lawyer.

u ntF. Calr0 DuHetln- 9sifl7
The manner in which attor
neys question witnesses is ex-
asperating to the intelligen
listener. b ey ond expression
The great purpose ofthe averag,
criminal lawyer, for instance, is
to draw from the witness all the
t. facts in his possession, except
ing the facts touching the case
under consideration. A coun-
ltryman chopping down a tree,
stops his work, and buries bis
lax up to the eye in the brain of
his brother-in-Iaw. The witness
who saw the whole bloody
transaction is brought into
court, and his examination runs
about thus: "Y on say that the
prisoner was ehopping a tree
Idown. 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 the defendant stole the AK
before he left Paducah? You do
say so, ah? Well, now mark
me, sir. How many feet was 1t
from the tree the defendant was
chopping to the nearest grist-
mill? You can't say? Was it
ten feet?" "Certainly, a good
deal more" "Well then, was
it thousand miles?" 80, GER
tainly not"
"The court and jury viii
please observe the stubbornness
of this witness. 1t is manifestly
his purpose to keep from the
jury the facts that they ought
to know"
"Now, sir, who owned that
mill?"
The witness very innocently
inquiries,
"What mill?" but soon re-
pents it.
"The jury will please observe
the exasperating contumaclous-
ness of this witness, his eva
sion, and his maifest 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 chop
ping near a mill. Will you
now dare say-look at the jury,
since that there was no mill !
within one thousand miles of |
the tree the defendant was fell |
ing?" ......-@i
aI don't say anything of the
kind"
'The jury will please note
that answer"
Snow, 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 that there was a
mill near the woodchopper-"
81 said there was no mill
within ten fee"
"Ncver do you mind what
you said; / know what you
said, 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
know. There, there! 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 wherc?" when the at
torney springs to his feet.
"May it please the court and
jury, l find this witness utterly
incorrigible-stubborn, mule
ish and bent upon keeping back
the very facts the jury must
have. He has clearly been tam
percd with, and comes here
with the manifest intention of
browbeating and worrying both
the jury and the bar. 1 have
temporized with him, / have led
him gently from point to point,
in the hope of beguiling,him in
to true recital of the facts
connected with this dreadful
murder; and what is my reward
for this considerate kindness
and forbearance? Speaking un-
der the sanctity of an oath, he
tells this court and jury he
doesn't know where he lives,
and has asked me to tell him!
Great Godl can such things be,
and not overcome us2 / ask,
your honor, that this witness be
sent to Jail for comtumacy, to
remain there until he expresses
a willingness 10 tell what he
knows about this dreadful muir
der" -h .-sIgs ,4ss.la13 |
The court then admonishes
the witness that further trifling
will not be permitted; that he
must answer the gentleman's