The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-02-25
ABUSE OF WITNESSES.

Mr.. J. Silver, in q characteristic
communication to the HERALD,
among other things, refers somewhat
tartly to the practice that prevails in
the local courts, and in courts gen
orally, we believe, of abusing wit
nesses. Here it is INDUCED in to a
shameful extent. The lawyers, or
some of them, at least, assume that
they are privileged TO act as meanly
as they know how to the persons who
are so unfortunate as to come before
them as witnesses. They take ad-
vantage of their position and the pro-
lection afforded by tue court, to talk
to unofending and scared witnesses
in All insulting apd abusive manner.
It is a noticeable truth that the at
torneys most given to this disgraceful
pIactice are the last 10 treat their
physical equals with disrespeci out.
side the court room. Their
knowledge of human nature,
aud their bump of cautiousness,
tell them that It would not
do to abuse men when the latter
had the opportunity to protect them
selves. or retaiste.
In ST. Louis TIE o:her day, one of
these abusive lawyers received we'll
merited rebuke. In tie trial Of g
case be sneeringly referred TO q
Johnny Bull Witness" and was
promptly interrupted by one of the
jurymen, who eaid "he was an Eng
lishmaL and did not see why a
Johnny Bull witness was not entitled
to as much consideration as a man of
any other nationality" The crowd
Kissed the ato:ney-who had Eeen
disrespectlul to witnesses all through
the tr'a,-and the judge had the good
sense not TO interfere in behalf of the
lawyer, bus let him understand that
the count did net justify his conduct.
In Massachusetts 9 new rule has
been adopted which is said to have
for one of its chief objects the better
protection of witnesses. The attor-
ney is compelled to stand while
examining a witness. The fatigue
which the lawyer is thus obliged to
endure materially shortens the exam
nations and saves many impudent /
and foolish questions by which the
legal gentlemen befuddle and annoy
witnessee- Here the lawyer may sit
at his ease, and proceed with his
personal assaults until he destroys
the patience Of the jurors and wit
nesseF, and by getting the latter mad
frequently obtains a statement that {
he can twist and distort into meaning
something else than was intended.
thereby casting doubt upon the wit :
ness whole testimony. With sensi- a
bic jurors abuse of witnesses by At f
tOrneys never improves a case. They e
scoa become disguised, and their :
sympathies usually are excited for the T
assaulted and against the assailant.
Bot jurors are net always endowed !
with clearness Of judgment or an +,
abundance of wisdom. They not in
frequently regard the conduct of the "
attorney as legal cunning, and ap-
smile upon his ungentle.
manly treatment of witnesses.
Our courts would command grester n
aspect from all parties il they would 81
Ompel lawyers who are guilty of this y,
eprehensible practice to treat wit ID
esses with common ciYility. Attor. til
eys who indulge in this practice u
1ly lower the dignity of the court, a.
I'D show their own brutal instincts w
: exercising q questionable skill in
lllying and abusing persons whose 20
lly crime is that they are compelled nri
the law to go upon the witness
and to be bounded by brutes. &c