New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-16
CROSS-EYAMINATION.
Mr.. WeUman's analysis of the Sci
ence at It's Best.

TIE ART OF DISCRIMINATION. BY Fran
els "a WeIinnan, Svo, pp. 2S. The Macmillan
Company.
No one appreciates better than Mr.. wellman
the fact that skill in the use CT the lawyers
most useful as well as most dangerous weapon,
the cross-examnation OF opposing witnesses. is
not 20 be learned from a book He manifestly
did not write this work with any such purpose
or idea Indeed. he begins by placing what
might seem almost undue emphasis upon the
value OF experience" as the only school in
which the young lawyer can attain proficiency
in the use Of the cross-examiner's opportunities
There is 40 slort cut" he says In his IN
troductoTy chapter. no royal road to prof.
cheney IN the art OF advocacy. It Is experience
and one might almost say experience alone
that brings success. am not speaking OF that
small minority OF men in al walks or life VINO
have been touched by the magic wand OF
genius but OF men OF average endowments and
even special aptitude for the calling OF aoVo-
cacy; with them il is race Of experience Inc
experienced advocate can look back upon those
less advanced in years or experience ana rest
content IN the thought that they are Just so
many cases behind him; that if he keeps on,
with equal opportunities in court, they can
never overtake him. Some day the public will
recognize this fact" Accepting as correct this
view of Mr.. Wellmans. it by no means follows
that such a book as his cannot be made a use
full adjunct and help IN the preparatory work
OF the young lawyer who is ambitious TO attain
success as an advocate in the trial Of jury
causes
The authors own career IS itself proof that
Il Is experience. preceded by or combined with
the study OF the work Of the greatest advocates
IN the practice of their art, whether narrated
IN their own writings or IN the reports OF the
ha
necessary training in the making Of the great
cross-exaniner. II Is said that Mr.. wellman,
while still Undergraduate at Harvard was en-
gagged in just such preparatory study and IN
familiarizing himself with the methods used by
the masters Of the art Of cross-examination in all
the most celebrated trials IN England and Amert-
ca During the twenty-five years or more that
he has been trying cases IN our courts first as
Assistant Corporation Counsel, then as Assist
ant District Attorney. and later as general adj
vOcate. he has had experience in abundance; It
Is quite within bounds TO say that he has, in
that period. examined and cross-examined
much larger number of witnesses than any
ether lawyer living and practising at the
New-York bar. He himself estimates the num-
Der upward OF fifteen thousand AS a re-
suit, find him, stin a comparatively young
man, IN the front rank OF the successful
examiners Of court witnesses for the same
period. In fact since the deaths Of VIII
fam n Fullerton and Colonel Edward c. James,
and since Joseph H. Choate became the United
States Ambassador to England, there have been
scarcely half A dozen lawyers in this State who,
in the opinion OF those who have had the best
opportunity TO judge. could successfully chal-
lenge his right 10 first place as q cross-exan-
liner. That number would certainly include
john +. Parsons. among the older advocates.
and John 3. Stanchheld, Of Elmira, among the
younger; but the other four would be more diff
cult TO name.
II is doubtful IL Mr.. Wellman himself realizes
how faithfully he has analysed in this book his
Own methods-his own mental operations in the
ever changing exigencies Of an important trial
and his manner OF dealing with such emer-
genoies. We think # likely that some of his
legal opponents would find advantage in read
ing these pages before their next forensic en-
counter with him in important case. It is
not easy TO quote short passages that viii fully
explain his power. but few extracts will illus
trate some salient points. For instance. Mr..
Wellman discusses the case Of a particular wit
ness who is trying 10 give an honest description
Of the occurrences TO which he has testified, but
has fallen into n serious mistake, through lg-
norance, blunder CT what not. which must be
exposed TO the minds Of the jury. Asking the
question: How shall we go about ftp the
author answers II in this way:
This brings us at once TO the first important
factor in discussion, the manner of the
cross-examiDer II is absurd to suppose that
any witness who has sworn positively to a Ger
tain set Of facts. even II ne Has inadvertently
stretched the truth IS going TO be readily IN
duced by lawyer TO alter them and acknOwl-
edge his mistake People a rule do not re-
feet upon their meagre opportunities for OBJ
serving facts, and rarely suspect the frailty Of
their own powers Of observation. They come TO
court. when summoned as Witnesses prepared
20 iell what they -Aink they know, and in the
beginning they resent an attack upon their
story as they would one upon their integrity
II the Cross-eEau.iUcr allows the witness 10
see. by his manner toward him at the start that
he distrusts his integrity. he viii straighteN
himself in the witness chair and mentally defy
him at once. r. on the other hand, the counsel's
manner is courteous and couciliatory, the wit
Of the cross-examincr, and can almost imper-
Oeptibly be induced to enter into discussion
OF his testimony IN q fair minded spirit, which
II the CrOss-eXaIniner s clever, VIII soon dis
close the weak points in the testimony. The
sympa thies Of the jury are invariably on the
side Of the witness, and they are quick TO re-
sent any discourtesy toward him. They are
willing admit his mistakes II you make
them apparent. but are slow to believe him
guilty II perjury. Alas. how often this is lost
sight of in our daily court experiences one is
constantly brought face TO face with lawyers