The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-27
THREE GOOD LAWYERS.
And How They Came TO the Front in
Critical Conditions.

70 a Jury's SympathleS-An 1ncloenE
of the Famous Borden Trial.
From the New York Tribune.
Law. like all the other learned profess
stous has its many departments. The
LAWYER who is most convincing to juries is
often least convincing to courts. The
lawyer that knows the most law is often
the least skillfuI in applying it. The law
yer whose advice is best is often the least
caUsble of defining the principles from
which his judgments are drawn. The
LAWYER who can make discreet, logical,
.lnouent speech is often the least tactful
and intelligent in examining witnesses.
And the lawyer who is supremacy great
must combine all these capacities in such
n MEASURE as to be ready for every emer-
gen-v. TO be dismayed by no surprise and
r.. he sure of himself whether his case is
strong or weak, and the atmosphere of
the court room sympathetic or hostile.
Behind all his knowledge, which must
ta vast. there must reside keen and
oI,i~k perception of human nature; and
1lnIess his intellectual forces entitle him
- he called a genius, he must have that
earnest and sincere purpose that proceeds
frnrn sterling character. 1t is in the art
of cross examination that lawyers
l,nowledge of humanity most often dis
covers itself to his advantage. certain
case of damages for false Imprisonment
furnishes an illustration of this point.
The nlaiptiff was an extremely attractive
a+Tng woman. She had been a sales
I%ToTnau in a large drygoods establishment.
Slrspecting her of theft, her employers
nroeured a search-warrant and went
with a policeman to her apartments,
rrOO1c haV halieUp6 che
had stolen, and arrested her. ON the
criminal trial, however, they were unable
nositiyely to identify these goods, no pri-
yate mark being upon them; and with the
result that the woman was acquitted.
Tbereupon she brought suit for $4,000
damages for false Imprisonment.
The defendants advocate was Judge
Barrett. now of the supreme court in this
city. He fully realized the hopeless char
artrr of his case Against him was a
beautiful woman, in herself a powerful
apueal to the jury's sympathles. linen
there was the Judgment of the criminal
court, determining her Innocence OF the
charge, and while that was not absolutely
conclusive, as emitting her TO verdict
for damages, it tended strongly in that
direction. Her arrest was only warrant
able in law in case IL could be made out
thai there was reasonable ground to sus-
peet her: but how to make that ground
appear the lawyer was wholly unable to
see.
The woman took the witness stand and
told her pitiful story. IL was a story OF
great indignity how her privacy had
been rudely intruded upon, how she had
been falsely accused and committed to
jail. and confined there for three months
with all sorts of vile people. Then Judge
Barrett arose to cross-eXamine her. He
said to himself, as he got upon his feet,
"lf this woman is intellectually honest,
she will beat me. But if her integrity is
not IN integrity of mind ! shall catch her
somehow"
Madam, he said, quietly, and with
great respect of manner, Il shall have
but few questions to ask you. And l de-
sire to warn you that they will go directly
to the heart Of the case, and ! beg that
Your answers will be full and strictly
truthful"
The trial Judge looked over his eye
glasses and gruffly remarked, "0h, ask
your questions, ask YOUR questions.
Don't make speeches" 1t was plain that
Judge and jury were both on the side of
the woman.
You say" said the lawyer, "that your
accusers brushed past you as you opened
the door and began to search your roomsf"
es, sir" was the reply.
And that in bureau they found ar
ticles which they claimed to be theirs,
and which they accused you of having
stolen2n
Yes, sir" s-.
Suddenly the lawyers manner grew in
tensely earnest and dramatic, "Then,
madam. of course, on the instant of that
accusation, at the very second when they
said that you, an honest woman, were a
thief, you Indignantly denied the
charge, and boldly asserted your limo
cencei you did, that, surely, didn't you"
The woman hesitated. The way the
question had been asked implied that the
lawyer desired, for his own purposes, an
Affirmative reply. She glanced from him
IN an uncertain tone said: No, don't
think did,
"What3 You didn't7 Why notl"
81 scOrned to answer them"
He had caught her That's ALL" he
said
The plaintiffs attorney called another
witness, but Mr.. Barrett interrupted and
sand to the court: rs it necessary, sir,
for this case to proceed2 This woman
says that although she was innocent she
made no denial of this terrible charge
when, with the goods exposed before her,
she was accused of having stolen them.
Did not that furnish a reasonable ground
OF suspiciOn2 | move that your honor
dismiss the ease I"
a SuIllI cry arose IIOLu bu0 EudlF III
which the plaintiff sat. "He's tricked
me. He's tricked mel 1 did deny itr'
she almost screamed.
Let her go back on the stand" said
her lawyer. Let's have the whole story
But the court said no. The woman ad-
mtted perjury and her testimony must
stand. The case was dismissed, and a
signal illustration of shrewd Judgment of
human nature on the part of perceptive
lawyer had been displayed.
Inc instinct that enables the lawyer to
Judge iuriesvis not less important than
thaJ which enables him to see the weak
spots in a witness character. A case
was tried lately involving the tremendous
fortune of S6000,O00, and it is literally
Grue TO say that although four days were
occupied in the examination of witnesses.
II was really won within five minutes
aIier the jury was sworn. Joseph H.
Choate opened the case for the plaintiff
n ABOUT these words: Gentlemen of the
Jury, YOU are here to determine which of
Two men is the rightful owner of certain
SIX millions of dollars. There is no oppor-
UNITY here for AN appeal to your sym
pathies. II is not the case of rich against
poor, OF capital against labor, of power
AGAINST weakness. All of US here are
reasonably well-to-do.
II you will permit me gentlemen, will
present to Won fine nartips IN tins cOTttyo-