Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1894-06-21


| is charged to have committed. no mat
ter how sincerely you, Or the public. be-
| lleye him guilty. He is also entitled to
| be tried in due and regular course of
legal procedure. Failing either regu-
| larity of procedure, or sufficient COM
petent evidence, q conviction is unjust
| both in law and morals, and is a men
ace to the safety of every innocent
| citizen, who is SO unfortunate as to be
suspected, because of some unfavor-
able circumstances of having commit
! ted a criminal offense The stronger
the feeling against him, the more
frlendleSS and deSpiSed he is. the great
er the necessity that he be properly de-
tended on his trial, for the danger of
an unjust conviction is greater than it
might otherwise be. Such a case fur
nishes the best possible field FOR the
exercise of true professional cOura ge
and independence.
Judge Lyon next dwelt upon the i'm
portance of lawyers in trial actions
clearly stating their case to the jury
; and then he urged the framing Of
clear questions in the examination of
witnesses. Some courts compel the OBJ
serVance OF a decent courtesy to wit
neSseS. All courts should do so, en-
phatlcally declared Judge Lyon There
was never anything gained by badger
ing and abusing a witness. On the
contrary much may be lost by that
practice. Some of the jurors may
think the witness is testifying hon
eStly, and if counsel treats him rough
ly their indignation will naturally be
excited, the tendency Of which is, or
may be, to create an unconscious pre-
judice in their mind against the case
of the party whose attorney has thus
offended.
Another error to be avoided is the
over cross examination of witnesses.
1t were better to err in the opposite
direction. If the witness has evidently
testified truly, and has omitted no ma
terial fact of which he is supposed
to be cognizant, no cross examinat ton
is required.
Judge Lyon expressed some most
positive convictions relative to the eX-
animation on the witness stand of a
woman. The obligation Of her oath to
tell the whole truth, said he, means
more to her than to the average mas
culine witness, for she is much more
truthful and conscientious BY nature
and in practice than he is. The
chances largely are that i'll her direct
testimony she will testify to all she
! knows and remembers of the case,
fully and accurately. But if there is
! reason to believe that, although she
has testified honestly, she has failed
in accuracy of statement, or has omit
ted to state some material fact of
! which she is cognizant, it viii prob
ably be your duty to cross examine
her. TO perform that duty to the ben
eft of your client is a difficult and
delicate process. The witness may
never before have been in a court.
She may have come to the ordeal of
giving her testimony with dread and
fear With the most reaSSuring treat
ment by friendly counsel she may
have been agitated and embarrassed
to the very verge of endurance, in
giving her testimony in chief, and you
may think that little
severity in her cross ex-
animation will demoralize her and des-
troy OF weaken the force Of her testi-
mony. Il hasten to warn you," said
the speaker, chat if you act on that
idea, you will make one Of the great
mistakes of your life
The witness expects that you will
! be severe with her, that you will
badger and examine her unfairly, and
frightened as she is, you will find her
prepared for the onslaught. She will
adhere to her original story and make
it stronger against you. You Will be
utterly routed, and her testimony will
become an absolute verify in the
minds Of the jury. Before you can
make any progress with the witness
you must disabuse her mind Of the
idea that you are her enemy, seeking
to destroy her credibility with the
Jury. 1t has been said that you must
| never cross examine woman until
/ means, of course, that by courteous,
! cOnSiderate treatment you must salts
| fy her that you are not desiring to an
! nov or embarrass her, but only to aid
/ her in recOllecting the facts Of the case
as they actually occurred. Then you
will have no difficulty in leading her
to review her recollection of the facts,
and in satisfying her of any inaccu-
racies or omissions in her statement
of them, if any such exist.
! Judge Lyon advised lawyers to take
the most scrupulOus care Of clients
money in their possession; told them
never under any circumstances to at
! tempt to mislead court as to the law
in a case; recommended oral argu-
! ments in the supreme court on legal
questions of importance and the avoid
ance of minute and prolix statements
! in such arguments, the proper place
for these being in the printed briefs;
asked that practitioners be not dis
quoted by questions put by the
court. which are always intended
mere to obtain information, and sug-
geste, that lawyers should say little
Of their defeats.
Judge Lyon saw no objection to law
yers becoming pubic officers, especl-
ally in the line Of their calling
and he deemed legislative experience
by a lawyer valuable to himself and adj
vantageous to the public. In my opin-
fon," said the speaker, "a lawyer who
is struggling to reach the highest at