The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-02-23
LEGAL WITNESSES
HAVE MANY RIGHTS
Not Bound to Answer Yes or
No When Questioned
by Attorneys

1t is mistaken notion that a witness
is bound to answer yes or no. 1t is
surprising that such should have been
the received belief. The theory as to a
categorical reply was completely eX-
ploded by the man who propounded
the question, Are you going to stop
beating your wife," and demanded a
categorical answer If the lawyer at
tempts to tell You that you must
answer yes or no you have the right
tc say that the question is not suscep-
tible of a categorical answer This
should floor counsel for the moment.
Like SteVenson's child, as a rule the
witness should speak only when he is
spoken to. says the Green Bag. He
should not volunteer ANYTHING except
that when he is asked a question which
with apparent innocence could readily
be answered yes or no. he has right
to qualify plain yes or no.
This of course happens most often
in the case OF experts. The Yes, but
! viii explain, and NO, but | will
explain" of one of the distinguished
expert witnesses for the commonwealth
in the case of the commonwealth
against Quay. which was tried before
Judge Biddle in the court of quarter
sessions OF Philadelphia county several
years ago, still linger in the writer's
memory.
Occasionally witness comes to the
stand who insists upon qualifying
every answer by some phrase, ito
the best OF my knowledge" I once
heard judge say that be was of
opinion that a witness that did that
habitually and constantly was throw
ing a sop to his conscience and was
unworthy of implicit belief While
this may have been an extreme criti-
cism not fairly applicable even in a
majority of cases. still a witness by
using this form of expression may af-
feet the weight of his testimony
While witness, believing as he does
in the truth of his own testimony, must
if the fact testified to is the very
foundation of the case therefore be-
lieye in the rights themselves of that
cause, yet he should be careful not
to identify himself with that cause IL
he is not in fact a party This is more
apt to occur if he is an employe of
or directly connected with one of the
parties.
1 remember very effective use being
made of the slip of a witness, an en-
ploye of the defendants attorney, as
my lawyer" If his story was be-
lieved there should have been a verdict
for the defendant, yet the verdict was
for the plaintiff 1t was argued TO
the jury that he had so completely
identified himself with the defendants
case that he was of necessity some
what biased
Do not repeat the question as it is
asked you by counsel If you do not
understand the words of the question
ask to have IL repeated. Some wit
nesses have an annoying habit of re-
peating every question. This. of course,
results in loss of time and is likely
TO cause irritation on the part of the
Judge and is fairly open to the criti-
cism that the witness is shutting or
evading instead of meeting the uues-
ton fairly and frankly as it is put
OF course, here is the underlying diff
Guilty of human testimony A mans
manner may inspire confidence, either
because of his actually telling the
truth or because he is a good actor
and mans manner may be so unfor-
tunate as to throw a cloud upon his
testimony when in fact he is the soul
OF truth and honor. These, however,
are the exceptions
No FEWER than 1900 towns and vii
lagos in Germany still own, and have
owned, down from the middle ages, SO
much common land that their inhab-
itantS paw neither rates nor taxes