New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-20

Many are the ways in which the cross-examiner
breaks down witness and dscredits his testimony
AS the average citizen who has served as juror or
has taken the witness stand knows. no two lawyers
conduct cases In the way; yet the layman
finds II difficult to distinguish between the methods
of different ones. He watches the battle. but he
does not always comprehend the subtle means by
which 1t is won or lost.
In his book, THE Art of Cross Examination.
Francis L. WeIlman reveals so many secrets of the
legal profession that at first one might think he had
deprived the cross examiner OF many of his most
potent weapons. Mr.. Wellman tells of the many
different ways in which lawyers succeed or fail IN
examining witnesses and what in his own opinion
are the right and wrong methods to pursue. He
draws not only on his own experience, which in
cludes apprenticeships In the District Attorneys
and the Corporation Counsers offices, in addition to
long private practice but also from the careers OF
such attorneys Lincoln. Butler Rufus Choate.
Russell Curran and Mason. Mr. Wellman Is par
ticulary well qualified to speak on the subject for
he estimates that IN his practice he has examined
some fifteen thousand witnesses.
An attorney will often win lose his case Mr..
Wellman says simply by his manner. After he
has sized UP his witness has watched every
preston of his face. especially his mouth, even
every movement of his hands, his manner Of ex-
pressing himself his whole bearing, to see whether
the witness is mistaken to his facts. or telling
preconceived lie. then he should begin the cross
examination without antagonizing his subject.
As illustration, Mr.. Welman quotes the case
of New-York commission merchant who had sued
the Metropolitan Street Railroad for damages sus-
tanned he alleged, by fall from moving
The family doctor the stand who. in add
ton the damages sued for by the plaintiff, want
ed $3.50 for his professional services
what medical name. doctor would you give to
the plaintiffs present ailment?" asked the lawyer
pleasantly.
He has what is known Traumatic NECROSIS
THAT means. does it not, the habit disease.
as you call It, of making much of ailments that
ordinary healthy would pass by as of no ac-
count?"
That is right, SIR
Here the counsel smiled still more pleasantly, and
asked:
81 hope you haven't that disease. doctor. Have
you?"
Not that am aware of, sir"
Then we ought to be able to get a very fair
statement from you OF this mans trouble. ought
we not?'
81 hope so. sir"
THE opening had been found" adds Mr.. Well
man, in his mention Of the case ''The witness
was already fattered into agreeing with all sug
gestions and warned against exaggeration.' He
then quotes more questions and answers to show
how friendly witness and lawyer were becoming,
and then recalls this question Of the attorney
And you said that $500 would be a fair and
reasonable charge for your services. 1t is three
years since Mr.. - was injured Have you sent
him no bill?'
Yes, sir; have"
What was the amount of it,"
lone thousand dollars"
Here the lawyer dropped his smile and shouted
savagely: "Why do you charge the railroad COM
pany two and a half times as much the patient
HIMSELF"
The doctor was embarrassed.
'Iow much have you been paid on your bills?''