The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1885-09-04
ABOUT LAWYERS.
How Testimony is Elected by
Cross-Examination.
The Art of Examining Witnesses Described
Why it is sometimes Dangerous to
Press Them too ClOsely-AnecdOtes
About Attorneys and Witnesses.

About Attorneys and Witnesses.
Lawyers are generally keen observers
of mems motives and actions, because
they are in the habit of dealing with
them all the time and of noting the
strange parallelisms prevailing thew.
Lawyers, by their experience and the
force of habit, often see intuitively into
a case, and undertake it with faith
in its justice that often makes them fear
less ana enthusiastic. They will at the
same time take case in which they
have no such faith, but which they see
can be contested and perhaps won by
:skillful treatment. taking advantage of
points of law. or of the mistakes of OPP
posing lawyers. or by reason of confus-
ing witnesses on the other side by cross
examination. making them contradict
themselves, tell too much. and thus
weaken or discredit their testimony.
When a lawyer undertakes case of any
importance, his first move is to get at
all the facts and statements connected
with it, for and against his client. From
these he culls the vital things which
can be made to give him a
strong case, at the same time
making due allowance for all that
can be proved on the other side. thus
anticipating the line of defense against
his attack. so TO speak. He learns who
is counsel for the other side, and. know
ing the capacity of the gentleman or
gentlemen. as the case may be-all law
yers having their estimates of one an
others ability-so completes his case as
to make success reasonably certain. He
has facts in his possession which he
may endeavor to prove by his own wit
neSses, or to prove which he may have
to depend upon what he can elicit from
the witnesses for the defense by cross
examination. He learns all he can in
regard to the witnesses called by the
other side. what Is their standing in So
ciety. their general character. their con-
nec,ion with or interest in the case I'M
der investigation or on trial. If it be a
Jury trial. he mnst be on the alert that
no one would be likely 10 be prejudiced
against this client shall be put upon it:
and, these matters being properly look
ed after. rs well as the law and rulings
n analogous cases, he is ready to pro-
,eed. A good lawyer can generally
tell if he has a strong case. though be-
fore he can feel sure of his ground he
will have to measure the strength of the
facts and the testimony of the witnesses
which his opponent has at his command.
Then follows the trial. The lawyer for
the prosecution makes his charge. and
calls his witnesses to sustain his allega-
tons. He examines them in a way to
best sustain the charges he has made.
and is very careful not to put questions
which may provoke replies that would
be unfavorable to his case-in other
words. is careful that his witnesses will
not prove too much. His opponent
cross-eXamines the witnesses, with a
view to make them discredit themselves
in their direct testimony, or elicit from
them statements that would put diff
ferent complexion upon the same. The
same process of examination and cross
examination is gone over with the wit
nesses on the other side, and then the
evidence is reviewed by counsel on both
sides, and arguments based on the same
made. The judge sums up the evidence
in the case, and gives the law relating
to the points in controversy to the jury.
and directs to bring in verdict accord
ing to the law and evidence as given in
the case to the court, which they usually
do to the best of their judgment.
1t is in dealing with witnesses that
lawyers often show their skill and abil-
ity as much as in any part of their con-
duct of a case. Some lawyers have a
faculty of making witnesses tell what
they know of the case in point, and of
leading them on until the whole story is
told. This is not an easy task 20 accom-
pli3h by cross however, if
the witness is not honest in his testimony
and is yet smart enough to not contra
dict himself in the direct evidence given
by him. 1t is difficult, also, in the case
of the witness who is led by interest or
prejudice to testify falsely, or not an
swer questions directly or properly.
When the counsel for the other side has
facts in his possession which can only be
testified to by witnesses whom he cross
examines, but who are not willing to
testify. or who evade the question by
articles of various kinds, he has hard
task on his hands. Very often his per-
sistence in plying witness with ques-
ions is Disconstrued by those who can
not see what he is driving at, and begin
to think he is brow-beating the witness
for no other purpose than to display his
own ..smartness." But no lawyer of
ability will coudescend to such course
for mere buncombe. He usually has
an object in view which may or may
not be apparent, but which it might
not be prudent for him to reveal. He
is thrs forced to continue his cross
examination in order to gain his point,
and the court usually allows him full lat
itude, because by his persistence he may
obtain testimony that is vital to his
case. The judicious practitioner never
cross-eNamines, however, unless he feels
that he will thereby certainly not weak
en-, and may possibly strengthen, his
case. One great difficulty with wit
nesses is to get them to separate mat
tiers of fact from matters of opinion or
of belief. Ask witness on crOss-exam-