Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-03-26

three onths is the general rule. Some
time since a well-known representative in
Congress, in trying to square himself with
his constituents, who had charged him
with neglecting their interests, attempted
to disprove the charge by proving that he
not only attended to the matter, but had
actually telegraphed few days after he
had received the request to attend to their
BUSINESSMAN application for an increase of
the appropriation for public building
that he had the matter well in hand and
would probably succeed if any public build
ing appropriation bills got through. 1t was
denied that he had made any such an an
swer He thought he had q perfect de-
tense, and said he would not only produce
his telegram but the receipt of the person
whom it was sent to. OF course, he was
considerably surprised when he looked into
the matter, which had occurred over
year before, TO find that as he had dead
head pass on the telegraph company they
did not feei compelled to violate their rule
In his case and had destroyed all record
of it. That fact defeated the denomination
of the congressman. He found, as many
others have found, that all that glitters is
not gold Had he paid for his telegram the
telegraph company would have preserved
it,
Il have observed ons thing very fire.
quently in my long connection with the
courts remarked an old court bailiH to a
Star reporter, land that is that lawyers who
in conducting C; denominations of wit
the courts than those who are ignorant of,
or who do not observe them. Now take the
ordinary crosS-examinatiOn. 1t is not al
ways the effort of a lawyer to bring out
more facts than were brought out in the di-
Iect examination and to see that the addi-
tional facts are in favor of his client. In
many instances the purpose of cross-ex-
am1na ton Is to muddle and befuddle a wit
ness SO al 10 counteract the effect of his di-
rect testimony before a jury; to show the
JIry that h. is not reliable or that his rec
objection of he facts Is not good as it
should be. The ordinary witness has not
as much intelligence as the ordinary law
YER and certainly has not as much knowl-
edge in presenting his evidence, as the
skilled cross-eXaminer has in making him
appear mixed up, uncertain and evasive.
Advantage is taken of the witness in every
way. His surroundings are unusual, and
he is, except in rare instances, excited to
a greater or less degree. This excitement
operates against thu Witness who while
outside OF a court room he might be clear
enough in expression or description is just
the opposite the moment he enters the
witness chair. The psychological study
the magnetic relation-involved is the po-
sition the witness and the cross-examiner
bear TO each other. The witness IS in all
cases seated. while the successful cross-eX-
amne- never takes seat, but conducts
his examination standing. 1t Is wonderful
what influence a man Stdn0lnS mas over
one who is sitting, though in the greater
number of ms tances tina witness is entirely
unconscious of 1t. Should the same witness
who is being badly nagged by d cross-e&-
aminer stand UP he can defend himself
much better and appear at a less disad-
vantage. The same thing is illustrated If
our churches every day and night. What
preacher or lecturer or public speaker OF
our day, or any day, could influence con-
gregation or audience SO that they would
practically hang on his words if the con-
d,tions were changed; that is, if the
audience or congregation stood up and the
speaker, lecturer or preacher was seated.
There Is probably not one man in the coun-
try VINO would effectually make public
utterance under such circumstances But
having the psychological conditions his way,
he standing. the listeners seated he has in
calcuable advantages. / have seen the best
kind of business men knocked endwiSe by
d second-clas5 cross-examiner, who was
skilled enough in advance to assume an
air of superiority in an intellectual way,
and then to stand up while he piled the
sitting witness with questions. If botn
" ere sitting, and were considering a busl-
resS or legal matter business propo-
sition, the business man, il he had any
al ility at all, would get the best of the
argument Or transa tion.' My idea should
rot be carried as far the judge. how
ever. He is sitting, of course. while the
advocate before him is standing But the
judge has the psychological principle In his
favor. He starts in with an assumption of
superiority, maintains it. and gives evil
dence of 1t, by occupying chair on an
elevated platform"