Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-07-09
DRAWING OUT THE FACTS.
The Experience Of a Truthful Witness
Under an Able Lawyer.

Cairo Duilstm.l
The manner in which attorneys
question witnesses is exasperating to
the intelligent, beyond expression.
The great purpose of the average
criminal lawyer, for instance, is to
draw from the witness all the facts in
his possession, excepting the facts
touching the case under consideration.
A eountryman cutting down a 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
chOpping a tree down. Now, will you
please tell the court and jury where
he bought the ak /"
You don't know very we'll, 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 defend
amt stole that AK before he left Padu-
cah2'
You do say so, an? Well now
mark me, sir, How many feet was it
from the tree the defendant was chop
ping to the nearest grist-mill? You
can't say?"
Was it ten feet !?
Certainly, a good deal more
Well, then, was it a thousand
miles?'
20, certainly not"
The court and the jury will please.
observe the stubbOrneSs of this wit
ness. 1t is manifestly 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
oxasperating contumaciOusness of this
witness, his evasion, and 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 a mill. Win
you now dare say-look at the jury,
sir-that there was no mill within
1000 miles nf the tree the defendant
was telling p
Il dop't say anything of the kind
The jury will please note and an
swer."
Now, see here, my friend, we've
had about enough of this. You first
declared that there was no mill, aud
now you brazenly avow there was a
mill near the wood chopper
e" said there was nc 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 know Is there any
thing under Gods heavens hat you
do knew There, there Look at
the jury-not at me. And now, per-
haps, YOU can tell the jury what your
name is y"
The witness tells his name.
Now, sir-lpOk at the jury-how
long did you live thereg'
The witness timidly asks, Lived
where2' when the attorney springs to
his feet.
May it please the court and jury.
| End this witness utterly incorrigible
stubborn, mulish, and bent upon
keeping back the very facts the jury
must have. He has clearly been tam.
pered with, and comes here with the
manifest intention of brQBbeating and
worrying both the jury and the bar,
have tempOrized with him, | have
led him gently from point to point, in
the hope Of hsgRilipg him into a true
recital of the facts connected with this
dreadful murder and what is my re-
ward for this considerate kindness and
forbearance? Speaking under the
%sapctity Of an oath, he tells this court
and july tkat ba dgesDt know where
he lives, and has asked NE to tell him.
Great God 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 eOntu-
macy, to remain there until he ex.
presses a willingness 10 tell what he
knows sIegi tkjs dreadful murder
The court then admouishes the
witness that further triaing will not be
permitted that he must answer the
gentleman questions, or he'll certain
u feel called upon to commit him to
pTison.
The witness By this tine l. beyil-
geTed, scared, dazea, aad INDUCES in
contradictions and absurdities as fast
and as often as the attorney requires
him to; and, finally, leaving the
stand, it is a quarter of an hour at
least before he eau recall bis own name
or fix his own identity. The attorney
then gets upon his feet, tares the
UTetched witness contradictory aud
foolish rigmasG,e FL TO tatters, and
asks the court that u te excluded
from the jury as false and n~oBsensical.
And that is one Of the ways may Of
OF. >.a.ege criminal lawyers adopt Ia
draw out tbs AtE + treat murder
cases.
A Cantaia in Texas.
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