New-York tribune., 1904-10-22
CELEBRATED CASES.
Lessons for Laryers, Mostly from
Modern Instances.

MOdeTn instances.
THE ART OF cRoss-EXAMINATIoN. BY Fran
els L. Welman. New and enlarged eoluOH
svo pp. 40i. The Macmillan Company.
In the new edition Of Mr. wellman's enter
tanning and instructive book the original work
has been thoroughly revised and five new chap
ters have been added. The most important Of
these are the chapters on "Cross-EXamination to
the FaIIacies of Testimony" and on "Cross-EX-
animation to Probabilities" while that on cross
Examination OF Experts has been rearranged'
with many new examples added and the as
cussion much extended. The three other ne"
chapters contain the cross-examination by Jo-
seph II Choate OF Miss MARTINEZ in the cele-
brated breach Of promise case or MaFuhez vs.
Del Vale. the cross-examination Of Guiteau by
John X Porter and for Mr.. Choate's cross
examination Of Russell Sage in the third trial
Of Laidlaw vs.. Sage the author has substituted
the cross-examination that took place in the
second trial as being at once more instructive
and more amusing Much that was merely
amusing in the first edition, or. If instructive,
somewhat obscure, has been omitted, so that
not only is at least one-naR 0f the present
volume entirely new matter, but the work takes
on a more serious purpose for the advocate
without in any degree losing Its power to d.
vert the laynlan.
In the new chapter on "Faliacies OF Testi-
mony." Mr.. WelIInan goes into the psychology
of the subject in an effort to trace the causes
Of the unconscious mistakes Of witnesses. 1t
is, Of course, important for the cross-eXaminer
10 be able not only to detect the error in the
testimony OF a witness but, If possible, to dis
cover Its source; whether the memory has been
warped by desire or imagination, whether
the error was one of original perception. and,
if So whence it arose. whether from lack Of
attention or from wrong association Of personal
experience" Habit may also strongly infiu-
ence memory, especially in moments of intense
excitement a striking incident of such fall
lacy. occurring in the trial Of man named
TwicheIl. who was justly convicted in Phila-
delphia some years ago, although on erroneous
testimony, is related by the author:
In order TO obtain possession Of some OF his wfe's
clothing TwIchell, in great need OF funds muir
slungshot. He then took her body to the yard Of
me me mouse - IA WGH G+b 5hfy M Sfs b6o6 9e so R9f #
would be accepted as the instrument that inflicted
the blow, and having unbolted the gate leading to
the street left it ajar and went to bed. in the
morning when the servant arose, she stumbled over
the dead body of her mistress and IN great terror
she rushed through the gate, into the street and
- e',toIeI me Polec ,ti ne ~ % al 5t @ tb " rei 81 tbi,l
each morning, and she the trial that she
murder There was no other way the house could
be entered from without excepting through this
some one from within the house and Twichell was
vction Twicheil confessed his guilt TO his lawyer
pun back tie bolt and leave the gate ajar for the
very purpose of diverting suspicion from himself.
The servant, in her excitement. had failed to
either notice that tie bolt was drawn or that the
later she rad allowed her usual daily experience
and habit Of pulling back the bolt to become incor
tdrnEg It was this piece Of failaeioas testimony
that really convicted the prisoner
Partisanship also tends strongly to faliacies
OF testimony. and Mr.. Wellman points out that
IN almost every case of a collision at sea the
crew on one ship will be found testifying in
unison against the crew OF the other. the testi-
mony each side being corroborated by any
passengers who may happen TO be on board the
respective vessels.
As. theoretically at least the probable truth
IS the goal of al litigation. the effort to develop
the probabilities in any given case makes the
greatest demand on the imagination, skill and
knowledge Of the cross-eXaminer. and, the
author remarks. IT is often hazardous occupa-
ton for the inexperienced.
At no end Of long but unsuccessful cross-ex-
;ai iaHye4 once fe:arsed rather testify We
M Whittenore, You have & contrived TO manage
replied the witness with a twinkle in his eye per
laEs might return the compliment If I were not
Il is a pity that admirable book should
be marred by piece OF carelessness in editing.
Ia beginning his famous examples OF cross-ex-
animation with the new chapter the Mar
tinez Del Vale case. the author has very prop
erly used the same twenty-four lines Of gem
eral introduction with which In the first edi-
tion he opened the chapter containing the cross
examination of Richard Pigot before the Par
nell Commission; but he has unfortunately al
lowed the lines 10 stand in their original posi-
tion well