Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1892-01-27
Protect the Witness.

Protect the Witness
England is just now giving a good
deal of attention to those DULLES of
the bar who, shielded by what have
long been accepted as privileges of
the profession, worry, abuse and in
suit Il witness whose testimony is not
to their liking. There is a decided
opinion that the privilege ofattorneys,
in discrimination and the summing
up of testimony, should at least be
restricted to the limitations of common
decency. That they are not so con-
fined, either in that country or this, is
q matter Of common notoriety.
Where an unworthy witness is upon
the stand and has n motive for the
commission of perjury, it is not only
the right but the duty of an opposing
lawyer to subject him to the closest
and most severe ross-eXamination.
His character and record. can be gone
into as bearing upon the credibility
of his testimony. His interested mo-
tives can be exposed, and to the ex-
tent that his biased statements are ac-
ceptcd us true, the ends Of justice are
jeopardized
But il is through no sympathy for
such witnesses that the reformatory
movement has been organized. Per-
jury is without proper endorsement
and has no defenders except among
those capable of its commission. The
abuse occurs when an honest, we'll
meaning witness Of unimpeachable
character is attached. His good name
should be held sacred as a choice and
inviolable possession. Yet such per-
sons arc the victims Of cowardly and
uniustifiable assaults at the hands of
of INSCRIPTIONS attorneys. Every
effort is made to blacken their reputa-
tons and make their efforts at truth
appear as the designed presentation
of lalsehood. Woman's virtue is at
tackled and mans honor is held as
nothing. 1t is such facts that have
led to the summary punishment of Of
Tending lawyers and created the gen
eral public sentiment that denounces
them.
1t is not an evil to be met by statu-
tory remedy, but by the judges who
are absolute in the courts where they
are privileged to sit. Their increas-
ed severity must supply the lack of
honorable methods and self respect on
the part of attorneys. The profession
al bully is not so numerous as he once
was, but he still has an existence and
should be extinguished. Public senti-
ment will in time find expression
through the courts, and then the up
right witness will receive that protec-
ton to which he is entitled. The
movement in England is one that will
receive the strongest sympathetic in
dorsement in America.
The Supreme Court of Michigan,
in recent case, set aside the verdict
Of the court below and ordered new
trial, on the ground that the Prosecut-
ing Attorney had improperly conduct
ed the cross.examinatIon of witness.
The action in this case, which was
in line with other decisions of the
court, has been the subject of approx
ing press comment. The court has
also reversed judgments in cases where
in counsel have abused their privilege
es in opening. This does justice to
the litigant who has suffered but the
witness who is badgered and wanton-
ly assailed has now no redress. 1t
should be the duty Of the trial court
to protect the witness, who often has
no more interest in the case than the
Judge who presides and has as much
right to claim exemption from insult
as has the occupant of the bench.
Yet trial judges who will blaze if an
attorney in any way reflects upon
them apparently think nothing of it
when witness is attacked without
good cause. The wrong should be
rcmedied Free Press.
FNI- ~