The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-21
HELD COURT OVER WIRE.
Counsellor j. L. Durham Tells of the
First Case Tried by Telephone.


Special Correspondence of the Standard
Gallatin, Tenn, May 16.-The first
case ever tried by telephone has Just
been heard and decided here in a man.
ner SO smooth and satisfactory that the
innovation Will be repeated, whenever
circumstances call for hearing after
this fashion. l was engaged as lawyer
for the defense in a suit that involved
the honesty of a horse trade, and as l
was very busy and the place of trial
was several miles from my Office l
sought and obtained permission from
the presiding judge to have the suit
tried by telephone. l won the case for
my client-but that is going a little
ahead of my story
When the morning of the trial arrived
l met the witnesses that l proposed to
call in my office and the opposing law
yer ranged his witnesses in the court
room IL miles away. A megaphone was
affixed to the telephone receiver at both
ends, and with the aid of this instru-
ment it was possible for those in the
room to hear all that was said
Inc witnesses were duly sworn by the
clerk of the court, who had them re-
peat after him the usual formula and
the case then proceeded The lawyer on
the opposing side made his opening
speech, which was heard distinctly in
Interruption Then he called his wit
| nesses and the cross-eXamination pro-
ceeded without a hitch, the questions
and answers being easily heard and the
various parties falling into line in the
| novel proceeding as easily as though
| there had been nothing unusual going
on. When l asked all the questions l
| wished to / called my witnesses and
| gave the other side chance to cross
| examine
The questions asked We're heard clear
ly in the room with the assistance of
the megaphone attachment, and there
was no difficulty in carrying on the case
in the usual way. 1t bothered me lit
tie not to see the face of the witnesses,
| for, as any advocate will bear witness,
| it is extremely helpful in cross-exam-
| lining to watch the face of the man tes-
| tifying. In fact, this is SO important a
part of the art of cross-eNamination
| that it would not be possible to conduct
| case INVOLVING life and death in this
way, but in a minor case, both parties
| being under the same disadvantage, it
/ is very unimportant handicap.
The queerest part of the experiment
| was the making of speeches by counsel.
| 1t comes natural to cross examine
man over the telephone, for question
and answer are the usual method of
| telephone communication, and it seems
| no more remarkable to be questioning
| witness in this way than to be question
| ing a tradesman as to why he did not
send the provisions ordered for dinner.
But to make long set speech into the
unresponsive ear of telephone is
rather trying proceeding. l had fore
| seen this difficulty and had rehearsed
my speech the night before, talking en-
ergetically into the receiver in the Sc
clusiOn of my office, a proceeding that
would probably have convinced any one
coming in Unexpectedly and catching
me doing the frenZied orator act into
phone that l had taken leave of my
senses. My rehearsal proved to be a
great help to me, for I proceeded with
my speech without any hesitation and
those who were at the court room end
of the wire say that With their eyes shut
to the peculiar nature of the proceed
ngs it was scarcely possible to tell that
the orator was not addressing the court
in their presence. Ny gestures We're
lost upon the court, and there my OPP
ponent had little the better of me. but
my arguments were delivered with the
same fervor and regard for the effect
of an argument as though I had been
| addressing the supreme court,
Then came the summing up by the
! magistrate, and the crowd with me lis
tened eagerly to the judicial words that
| came clearly and distinctly over the
wire and cut the air of my office in
| particularly CHEEKY manner, for the
summing up showed that my eloquence
| over the 'rhOne had had its effect on
| the judges mind. | won my first tele-
| phOnicaliy tried case and as | had been
| saved tiresome journey of II miles, rs
| also had my client and his witnesses,
| we had cause for All-around congratula-
| ton and passed vote of thanks to the
judge whose liberality had made the
| innovation possible
]. r. DURHAI, Attorney -at-Law.