New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-20
THREE GOOD LAWYERS.
AND HOW THEY CAME TO THE FRONT IN
CRITICAL CONDITIONS.
JUDGE BARRErTs GUESS AT HUMAN NATURE
MR. cHoArE's sAGAC1oUs APPEAL TO
JURYs sYMPATHIEs-AN INCIDENT OF
TILE EAMnIra BORDEN TRIAL.

THE FAMOUS BORDEN TRIAL.
Law like all the other learned professions. has
its many departments The lawyer who is most
convincing TO juries is often least convincing 10
courts The lawyer that knows the most law Is
often the least skful in applying 1t. The lawyer
whose advice is best is often the least capable
Of defining the principles from which his judg-
ments are drawn The lawyer who can make
discreet logical eloquent speech is often the least
tactful and intelligent in examining witnesses
And the lawyer who Is supremey great must
combine all these capacities In such measure
as 10 be ready for every emergency, TO De as
MAYED by no surprise and to be sure or hlfnsei
whether his case Is strong or weak, and the
atmosphere OF the courtroom sympathetic or
hostile.
Behind all his knowledge. which must be vast
there must reside a keen and quick perception Oh
human nature and unless his intellectual iorces
.rt,,,a him 10 be called genius. he must have
that earnest and sincere purpose that proceeds
from a sterling character. 1t Is In the art ol
cross-examination that a lawyers kno"leuse Vi
humanity most often discovers Itself 10 MS au-
vantage certain case OF damages lot iA'e
,rrnr,sonment furnishes an illustration OF this
point The plaintiff was an extremely a'"aeN'e
young woman She had been a saleswoman IN
,hef, her employers procured search-warraht
and went with policeman to her apartments
found there the goods they believed she hao
49,, ord arrested her On the criminal trial.
however. they were unable positively 10 idehuiy
,haso ooods no private mark being upon theni'
ra NTH The result that the woman was ac-
outt,aa Thereupon she brought SUIT TOT 'ooVoV
damages for false imprisonment
Tho attendants advocate was Judge Barrel,
rouv NJ the Supreme Court In this CITY ne i"'i'
realized the hopeless character or MS case.
Aooinst him was a beautiful woman III lie, SCH
q powerful appeal 10 the Jurys sSi'pa'.'e'
Then there was the Judgment OF the u ,
court determining her innocence Oh '"e 'e
MI chat was not absolutely conclusive
..,.,,,o her 10 a verdict for damages IL
80, strongly In that direction. Her arrest
,cos only warrantable in law In case IL cou'u NC
,. or, that there was reasonable ground 10
susnect her; but how TO make that srou"' "p
reor the lawyer was wholly unable 10 see'
rho woman took the witness stand ana 'o'u
bor nItitul story. II was story vi go
dignity: how he- privacy had peen ruue'y -"
+ruded upon how she had oeeh la''e'' -.
w., oornrr,,ted 10 TAIL and confined there TOT
three months with all sorr OF vie IIa
T,1oo barrett arose to cross-examine hei' n
. h,msa,r "a he got upon his feet' Al
49,, ,,o,,o, "a intellectually honest. she WIN
49,. mo Rut ~ her integrity is not an ih'esi'''
800. sh,ll catch her somehow.
.n,aaar," no said, quietly. and with great
=, ., manner. IT shall have bur rev aue',
,,o,s ~ ask YOU And desire 10 warn you ~
.ho,, will 90 directly TO the heart OF Tue CO.
49,, hog that your answers Will pc iui' a'N
strictly truthful ,,,as.ss and
r,.a ,-,,, fudge looked over his eyeglasses anu
,my remarked. "Oh. ask your ques.io,s' c.
your questions Don't make speeches. Ia.
Main that Judge and jury were oo'" Va
OF the woman ..... ,,our ac-
", cav" said the lawyer. that your "0
ous.rs brushed past you as you opeheu '"o 00O'
on1 began to search your roomsT
YES SIR" the reply ..,
And that in bureau they rouno So 49,,
(which they claimed 10 be theirs anu
accused yon Of having stoien'
yes sir" ,.o,saiv
Suddenly the lawyers manner grew '"
,..nos, and dramatic Then madam. OF COURSE
on the instant OF that accusa'ion' ~ ~
,d wbcn they said that you an hohes'
'e0O'. ,.ore q thief YOU Indignantly denied the
CHARGE and boldly asserted your INNOCENCE wv
d,d that. surely didn't you? .,
r,,. ,voman hestated The way the question:
nod
-. h,s own purposes. an affirmative reply enc
80, IRON, him at the jury, then at her law
yer and in an uncertain 'o'e' ~
don't think did"
'What? You didn't? why not'
"I scorned TO answer them
=, oa,gh, nor That's ALL" he said.
Tho plaintiffs attorney called another witness
$50, Mr. Rarrett interrupted and said 10 the
cunt. ia 4, necessary sir for this case to pro-
ao This woman says that although she was
,,rocsnt she made no denial OF this terrible
charse when. with the goods exposed before her'
abe was accused OF having stolen them. DID not
that fur,,isl a reasonable ground OF suspicion!
7 move tina, your Honor dismiss the case.
4 sbriu cry arose from the chair In which the
,,o,r,,r sat Hes triclSed mel He's tricked
me, did deny IT, she almost screamed.
Let her 60 back on the stand" said her law
YER lets have the whole story"
Rut the Court said no. The woman admitted
nerilrv and her testimony must stand. The
case was dismissed. and a signal illustration OF
ehrevd Judgment OF human nature on the part
OF perceptive lawyer had been displayed.
The instinct that enables the lawyer 70 Judge
iuri,,s is not less important than that which en-
ables him TO the weak spots In witnesses
character case was tried lately involving the
tremendous fortune OF $6,OOOOOO, and II Is 1T
orally true to say that although four days were
occupied In the examination of witnesses. 1t was
really won within FIVE minutes after the jury
was sworn. Joseph II. Choate opened the case
for the plaintiff in about these words Gentle
men Of the jury. you are here to determine which
OF two men is the rightful owner OF a certain six
millions Of dollars. There is no opportunity here
for an appeal TO your sympathies. 1t Is not the
case Of Nch against poor. OF capital against labor.
of power against weakness All Of us here are
reasonably well-to-do
"If YOU will permit me- gentlemen I will