The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1889-05-31
BULLYING LAWYERS.
How They Harass and NonpIus Witness
in ation.


in Cross-Examina tion.
There are many standard tricks of
cross-examinatiOn that will disconcert
most witnesses. One of these Is the
plan of making a witness fix q time
when ne has declared that he can not
recOllect The examiner begins: Nv as
it a 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; to
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 recIted.
Most witnesses get restless under
persistent cross-examination as to
their previous history, particularly il
there happens TO be any thing un-
savOry about the events referred to
Sometimes counsel will ask a 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 a 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 viii 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.
a wealthy and highly-respectable lady
OF this city, a sharp business woman
of mature years. who has travelled
around the world, and 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.. Clin-
ton was, therefore. not well 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-
dore's once: Al went 10 buy stock In the
New York Central railroad.
Q--Oh, indesdi How were you to pay for it'
A--with money.
Q.-Ah. How much did you propose 10 buy!
A.-Thirty thousand dollars worth.
Ola, Ia! And where did you expect 70
get SSnOOOr Al had the money IN my pocket
Q--So you go around with $780, eco in your
pocketf How did you get this money! Al
made il N real-estate transactions.
Q--And how did you make 1t in real-estate
transactionsf Al bought real estate when
nobody wanted il, and l sold IL when every
body wanted IL.
- nF nrRlrr IN
and spiking false swearers that cross
examination is effective By its in
genious use the most honest witnesses
are often harassed and nonplussed,
and made to appear in a ridiculous
light Few witnesses have the pres
ence of mind to defend themselves
against the insidious or sudden at
tacks to which skillful cross-examiaa-
ton may subject anybody
jay Gould has stood about as severe
cross-examinationa as anybody, and it
is rarely that a lawyer can corner him.
He testifies in a clear, distinct and per-
fectly responsive way, and seems to
make it a study to answer quickly, so
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
oftrying to get in testimony which is
not responsive.
There is not generally so much
bullying of witnesses as there used to
be. The courts will generally protect
a witness against insult or badgering.
But the field of cross-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 a rap so long as
somebody gets hard knocks-N Y.