Omaha daily bee., 1912-05-25
CRITICAL Times IN COURT
Psychological Effect of the Unex.
pected in Trial Cases.
PITFALLS IN cR0ss-ExAMINATIoN
Dramatic Episodes Engineered by
Clever Lawyers In De.per-
ate Cases-Takins Big
Chances.

ate Cases-Takins Big
ohanees'
Those who have read a Tale Of Two
Cities" will easily remember the episode
OF Sydney Carton tossing across the
table 20 his co-counsel. Stryver. who wes
, eross-examining the crowns witness a
slip OF paper on which Carton suggested
the similarity between himself and the
man on trial. Charles Barney. 1t was so
marked that the crowns witness became
confused, and finally admitted that ne
might be mistaken as to the identity to
which he had previously sworn In sucn
positive language. The resemblance be-
tween Carton, the dissolute lawyer, and
oarneyr husband of the heroine produces
tie, great dramatic event near the close
of the book. 1t was the dissolute law
yers discovery at a critical stage of the
game that saved the defendant from be-
ing CHARTERED for treason. the prescrip-
ton provided for so many by the physi-
clan Of the Old Bailey at that period.
The man who has won 9 reputation
as criminal lawyer knows the psyche
logical effect Of the critical moment, and
prepares for It with as much care as
general marshaling his forces for battle.
Then he has to Try 1t out on the jury,
hit or miss He knows that II he falls
fiat It will place In jeopardy the liberty
or the life OF his client but he must take
the risk. The law books contain no guide
for playing the critical moment" All is
left to the discretion Of the lawyer.
Convicted Himself.
There was a man on trial for murder
in second district court In Missouri.
He had armed himself with q double
barreled shotgun. walked some distance
to a neighbor's field and emptied both
charges in his enemys body. The slayer
surrendered himself and at the trial
pleaded the unwritten law and that
he had acted In the heat OF passion. As
his daughter was involved In the case the
defendant took the stand, told Of the be-
travail and how angry II made him: said
he seized his old shotgun and hurYing
to the field where his victim was Ut
work. shot him. The man fell TO the
ground, faised himself up on his arm
and the defendant shot again.
On cross-examlnstion the states attor-
ney let him repeat MS story in detail,
and then quietly asked:
mfr. -. why did you fire the second
shotg'
The defendant nervonsly passed his
hands over each other coughed and
made this helpless reply: Mr.. B., n
don't know ....
He was convicted on that answer The
states attorney had worked until long
after midnight figuring out a way by
which such an answer would come as a
natural sequence Of his line Of question:
ing. and when he got what he wanted
he Immediately excused the defendant
from the stand.
.. Is Working the Jury.
Somewhat more elaborate was tho
CRITICAL moment arranged by j. II.
whiteeot.on. an attorney, who was In
charge of the defense OF a man who was
indicted for the killing Of prominent
ara highly respected citizen OF Shelby
county. In the course Of the trial the de-
fendants mother-n'iaw was brought
into the court room on q cot. She was
white as snow. and the features bore
that unmistakable writing that means
death. Mr.. whitecotton lowered about
her, gently placing the cot where the
Jury and stenographers might hear the
feeble words Of the invalid. II was a sad
scene and affected all as II they were In
the presence OF death, as in the truth
they were. But the dying woman felt
that all the trouble used in taking her
from her comfortable home in Shelby |
county to the trial indicated the gravity |
OF her son-in-law's situation, and she |
gave her testimony under the inspiration
Of stern duty. Some said that what she
told was not very material. but perhaps
they did not understand the matter as
well as Mr.. Whtecotton did. In his
closing argument for the defense Mr.. |
Whitecotton spoke as follows:
"Ah. gentlemen. ! may be wrong In my
figures and my deductions from this
evidence. may have made mistakes. for
which I trust you will pardon me. But
there is one person who testified here
and who must be believed II anything on |
earth is true. You saw her as she was
carried in here In the arms of her hus-
band. Today. gentlemen. she lies upon
her deathbed. The angel OF heaven
fluttering across the great vaults above
are preparing to receive her. Her mother
long since gone--wtth yours and mine !
is there with arms outstretched for. poor
Mrs. Swift You wondered how she was
able to reach the court room from her
home far off In the country. Why didn't
she die? What great unseen power
famed the ebbing tide Of life in her
bosom until this session came ou7 Ahli
] will tell you what kept the dying spark
alive 1t was because the Great Father
Of the universe who always stands by
poor, unfortunate humanity decrsed
otherwise and issued the flat that she
should live to save her boy--to save her
boy. Thanks be TO the mercifui God Of
heaven for II! Take her now from her
misery; take her away to her heavenly
home for she has said before jury Of
her countrymen: Ny boy was assaulted
there, and what he did was In the law
ful defense OF his life!'"
The speech wrought d greater effect
than did the appearance Of the dying
woman on the day before. The court
room was crowded, many women being
present. and they wept so bitterly that
the atmosphere Of grief was communi- /
Gated to the jury. and eight held out
so stubbornly for the defendant that 4
mistrial occurred. II was a surprising
circumstance considering the nature OF
the case, and was almost entirely due to
the portions Of the trial given. Not long
afterward the case was retired. and the