New-York tribune., 1910-02-26
n LAWYERS BOOK.
Mr. Wellman's anecdotes, Err
periences and Conclusions.

DAY IN COURT: OR, THE SUBTLE
ARTS OF GREAT ADVOCATES. By
Francis l.. Wellman. Svo. PIP. 257. The
Macmillan Company
Mr.. Wellman gives to what he has TO
say added importance and point by fe
licitously forcible and clear way of say
ing it 1t was this simple. seemingly
spontaneous literary quality that gave a
more than merely professional interest
to his earlier book, 1.-The Art of Cross
Examination: it will carry this new vol
ume of his into the hands of many q
layman, not only for the sake of its
anecdotes and of its service to every
potential juror or witness but also be
cause. In the struggle which life is the
qualities which make a good trial lawyer
will also make a good business man.
For the author insists upon it that above
all other gifts and requirements the
study and understanding Of human nat
ure form the greatest and most neces-
sary equipment of the advocate.
The obvious thing to say about Day
In Court" is that it Is an excellent book
for young advocates, and older ones as
well, but that would be missing the
point It's real professional service be-
gins far earlier-the book should be
found In the room of every college Junior
intending to make the law his profess
sion. OF course, the trial lawyer is born,
not made; nature must equip him with
certain mental qualities if be would sue
ceed OF these Mr.. Wellman places first
intuitive perception. keenneSs of obser-
yation clearness and quickness of COM
prehension, sound and prompt judgment
and preparedness for the unexpected.
Imagination. too, he prizes highly, ana
the faculty of sincere emotion. which is,
after all, largely question of magma
tive power. But after the trial lawyer is
born he must begin to train his gifts
Mr.. WeIlman tells him how to do this
and also how to make the most of them
A trial at law has been compared with
a duel, a game of chess, prizetlsht
even, but after reading this book one
feels inclined to discard the last named
comparison, with it's suggestlon oi
..syu,gine" Never slug your oppo-
nent or his witnesses, counsels Mr
teach you the Importance OF sooo liai-
ners And thus he enters upon uls-
ouisitfon Of what may be called the
strategy and tactics of the courtroom.
The poor. down-trodden juryman' treat
ed as a prisoner by his legal guard
ians- during the term of his service, will
nroud,v lift his head after learning from
,bis successful advocate how immensely
;,nnortant he is, how he is picked,
watched and studied and gently Appeared
to and led and Influenced. The witness,
too. will learn, perhaps With surprise
after a strenuous experience at Tue
hands of a clumsy lawyer, that the great
secret of succeeding with him as Wen Is
gentle considerate treatment AS mas
I,.+ heen said. success in court is most
1v a question of a knowledge OF human
nature-of psychology. There is the
strpid witness. and the ignorant VII
ness. and the prejudiced witness the m
accurate, the stubborn, the enthusiastic
,,d the unwilling witness, the last two
equally dangerous. MI Weiiman' py
the way, informs US that direct exami-
nation is contrary to the lay nehel'
much more important and difficult than
cross-examination. Beware of cross-ex-
animation. unless it be absolutely neces-
sarv. he warns his reader, and never
cross-exanine policeman; he usually
is prepared for you.
What did you say when You arrested
tho nrisoner?" asked a young Engl1sh At
torney, eager for the dlSpIaN OF iiS dpi''S
eYarnjpatiG0
on said the shrewd officer. L quite
forgot that my lord" Cie always taxes
!.nny lord" into his contidence) Il beg
voiir lordship's pardon. | said, NOW. see
ere. Sykes. when you come out from
doing the last seven years you tod me you