Thomas County cat. [volume] (Colby, Kan.) 1885-1891, 1889-04-18
BULLYING LAWYERS.

in St Louis Post-Dispatch.
BULLYING LAWYERS.
How They Harass and Nonplus Witnesses
in Cross Examination.
There are many standard tricks Of
cross-examination that will discomfort
most witnesses. One of these Is the
plan of making q witness fix time
when he has declared that he can not
recollect The examiner begins: WAS
it hundred years? Fifty years?
Forty years? Was it more than a
day? More than a month";" and so
on, narrowing the time SO that the
average witness will not know how to
protect himself. This always amuses
the audience.
Another torture of witnesses is to be
compelled to repeat conversations; t.
give the exact words; to say it over
and over again. If there is any dis
crepancy the examiner gloats in tri-
umph. If there is no discrepancy
then the examiner hints that the story
has been learned by heart and reclted.
Most witnesses get restless under
persistent cross-examination as to
their previous history, particularly if
there happens to be any thing un-
savory about the events referred to.
Sometimes counsel will ask line of
most offensive questions of women that
give food for the gossips But, as a
rule. counsel are rather tender with
women, and fearful of arousing the
prejudices or sympathy of jury for
the softer Sex.
Once in awhile an eminent cross-ex-
aminer meets his match. This hap
pened to Henry L. Clinton in the Van
derbilt will case. Among the wit
nesses who testified to the queer class
of people who used to go to the Com
modore's Office was Miss Susan King,
wealthy and highly-respectable lady
of this city. a sharp business woman
of mature years. who has travelled
around the world. AMI yet happened to
be unknown to Mr.. Clinton or any of
the sharp detectives employed by
William H Vanderbilt to trace the
witnesses of the other side. Mr. Gin.
ton was, therefore. not we'll equipped
when he tackled Miss King, and he
went at her rather roughly, and this
is what happened:
Q.-How did you come to be at the Commo-
An,n q M IN h,,v TN
New York Central railroad.
Q.-Oh, Indeedi How were you to pay for IT.
A-With money.
Q-Ah. How much did you propose to buyi
thousand dollars worth.
Ola, ha! And where did you expect 70
got $4,000? Al had the money IN my pocket
Q.--So you 70 around with CSC, 100 in your
pocket: How did you get this money! Al
made it IN real-estate tram actions.
Q.-And how did you make it in real-estate
transactions! Al bou hit real estate when
no ,ody wanted it and sold it when every
body wanted 1t
1t is not only in exposing rogues
and spiking false swearers that cross
examination is effective. By it's In
geni0us use the most honest witnesses
are often harassed and nonplussed,
and made to appear in ridiculous
light Few witnesses have the pres
ence of mind to defend themselves
against the insidious or sudden at
tacks to which skil.ful cross-examiaa-
ton may subject anybody.
Jay Gould has stood about as severe
as anybody. and it
is rarely that lawyer can corner him.
He testifies in q clear. distinct and per-
fectly responsive way, and seems to
make it a study to answer quickly, 20
as to keep the lawyer hard at work
and gain time for himself. He gen
orally has his side of the case well In
hand, and doesn't allow himself to get
excited. and never makes the mistake
Of trying to get in testimony which is
not responsive.
There Is not generally 50 much |
bullying Of witnesses as there used to
be. The courts will generally protect
. witness against insult or badgering.
But the field of c-oss-examination Is |
so wide that it affords ample oppor-
tunity for the annoyance of most wit
nesses and the amusement of the audi |
tors, who don't care . rap 20 long a. |
gets hard knockA-N. Y.
Sun.
Ham Toast-Fry some thin sip. |
pets Of bread. either rounds or diamond |
shape, and spread the toasts with . |
little ham chopped fpa Mako n |