New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-20
RIGHT AND WRONG METHODS OF CROSS EXAMINATION
THE SUBJECT EXEMPLIFIED md ILLUSTRATED
SOME FAMOUS INSTANCES.

Did you hear my question: said Russell IN
low voice.
I did, said Sampson.
did you understand it?' asked Russell. in stili
lower voice.
I did" said Sampson.
Then said Russell. raising his voice to the
highest pitch and looking as If he would spring
from his place and seize the witness by the throat
why have you not answered It? Tell the jury why
you have not answered it. A thrill of excitement
ran through the courtroom. Sampson was over
whemed and he never pulled together again.
The silent mode of cross-examination Is often
times effective. because of its theatrical effect.
If the witness happens to be a woman. and at
the close OF her testimony In chief 1t seems that
she will be more than a. match for the cross-ex-
aminer, It often works like charm with a jury
to practise upon her what may be styled the silent
cross-examination Rise suddenly as IL you In
tended to cross-examine The witness viii turn a
determined face toward you. Look her over good
naturally and sit down.
false STEP however. on the part OF the lawyer
playing such part may prove disastrous. John
Philip Curran," says Mr.. Wellman. "once INDUCED
himself In this silent mode of cross-examination.
but made the mistake OF speaking his thoughts
aloud before he sat down.
" There's asking you questions, for see
the villain in your face.
DO you. sir replied the witness, with smile
knew before that my face looking
glass !"
Sometimes when lawyer control his temper
and yet make the witness lose his he viii be able TO
score considerable victory in the minds OF the
jury. "In a recent Metropolitan Street Railway
case" says Mr.. Wellman. "a witness who had been
badgered rather persstently cross-examination.
finally Strengthened himself up in the witness chair
and said pertly:
81 have not come here asking you to play with
me. Do you take me Tor Anna Held?' CThis occur
renee was the time when the actress was singing
her popular stage song, Won't You Come and Play
With Me?O
u was not thinking Of Anna Held replied the
counsel quietly. Suppose you try Anna-nias?
THE witness was enraged. the jury laughed and
the lawyer. who had really made nothing out OF
the witness up to this time sat down.
A lawyer, however, rGust be careful with wit
ness who shows himself ready at rePartee. for he is
likely to get an answer which will prove BOOM
erang. When a lawyer uses the roaring method,
such turn Of the tables is most likely TO prove
fatal to counsel AS example, Mr.. Wellman
quotes from "Curiosties Of Law and Lawyers" in
telling OF a trial the Worcester Assizes. in Eng
land. when a clergyman had been put on the stand
to testify concerning the soundness Of a horse.
"a clustering counsel the other side after many
attempts to get at the facts upon cross-examina-
ton. blurted out:
Pray. sir, do you know the difference between
a horse and a cow? "
az acknowledge my ignorance replied the
clergyman. hardly know the difference between
a horse and a COW. or between bull and q bully
bowling respectfully to the counsel luckily for me
has none"
acter correctly, will often tell by the actions OF
witness whether he is telling the truth or false
Wellman. have a certain vacant stare, and they
twist about nervously in the witness chair when
to defend itself against false step that 1T fails
to govern certain muscles OF the hands and feet.