Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-01
WITNESSES.


The shooting on Saturday last in San
Francisco OF Mr.. Murphy. an attorney
engaged 10 q case on trial in the Police
Court Of that city, by q witness in the
same case. although q most deplorable
occurrence, was not o complete surprise
to those persons who have read the
rsnor,s OF the Dollivsr case during its
allow progress. While all ~law.sbidins
citizens cannot but condemn in the
s,ropess, terms possible the act Of Mr..
Moronsy, persons who have seen tho
bads.rips and the insults to which Wit.
n.sses arc frequently subjected in courts
by . class Of lawyers whose whole stock
of legal lore seems to consist Of know.
ing how to confuse simpls-mindsd wit
n~essss-those persons can understand
how an sxcitabls and passionate man
may become SO greatly sIssperatsd, per
haps temporarily crazsd, a. to assault OF
even attempt to kill his tortursr.
It appears tina. In order to cast dis
credit upon the testimony Of Moronsy'
who was the principal witness for the
prosecution. Mr.. Murphy had tortured
him in that subtle and eIaspsratins
manner SO frequently employed BY q
certain class Of lawyers who imagine
tina, i~mpudsncs will pass for knowledge.
and had spoken abusivsly Of him in
open court when he was not on the wit
meas stand. This treatment had been
persisted in by Mr.. Murphy until at last
Mr.. Moronsy could endure Il no longer
and, driven to desperation. II not to
madness. he attempted to murder the
abusive attorney.
II there are cases in which insulting
language used CON justify On assault In
return, there can be no question thai
the bullying tone and manner frequently
employed by over.smart lawyers to wit
nsssss Is one OF them. While all lssiti-
mate means employed by lawyers to
bring out the truth in u courts should
be permitted, there should be moro pro-
lection afforded to witnesses than courts
always give. Instead OF compelling
witness to answer ''yes" or mo-" and
nothing mere. without explanation. to
the question whether lie was ever in .
State Prison. as is often done, the wit
ness should be permitted to state thu
circumstances under which he went to I
prison, IL he was ever in one. He may
have gone only as a visitor. yet. II com
PEELED to answer Eyes" without s1plana
ton, he is at oncs placed in q false posi-
ton, and has good cause for getting an
CRY with the hectoring questioner WHIT
cowaidly asks questions under the pro
lection Of the court that ho would no
dare to ask elsewhere.
When one sees an honest though dull
witness badsered by q psttiiogging law
yer until driven nearly crazy. he feel
that he would like to see the fsllsw On
counter q witness like Mrs. jerks o
New Orleans, who so bothered Genera
Butler when she xas before the Pottei
Congressional Committee in Washington
in 1878. Mrs. jerks appeared to know
as much about the rules OF evidence NJ
did Butler or McMahen. and she KEEP
those gentlemen within tho bounds o.
propristy.
With regard to the lesson that SHOULD
DO drawn from this occurrence, the Er
change Of San Francisco. in an article
upon the matter. expresses so fully
the sentiments Of the people generally
that the NEws quotes from 1t. The
Exchange says:
Now that public excitement over the
event has abatsd, it may DO well to ash
IL IL is not time for courts to place some
limit to tho license heretofore enjoyed
by attorneys in their badgsriug OF wit.
nsssss and abuse Of compliments. Nc
one will for q moment defend the das'
tardly oct Of Moronsy. yet, IL must BE-
admitted from the published reports Of
the proceedings 10 the Deliver case. that
Mr.. Murphy's treatment OF ths police
man. both on the stand and oil It,, wa
peculiarly eIasperatinG. IL the result
OF this thing shall be that lawyers IN
court will henceiorth be more cautious
in their conduct and language. and less
free to attribute corrupt motives to any,
body and everybody who may DO arraysd
against their clients. the lesson OF Sat
urday's event will not have been II
vain.