The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1914-04-30
BRUTALITY TOWARD wirrsssss

room for improvement and Il does
not appear that change is likely ever
20 come. except by the initiative of
the judges. This is the badgerlng
a. witnesses by lawyers. Local ex.
I perience does not indicate that the
/ judges tl-~..~>lyes ever haress wit
uesses. but II seems that IN all tho
courts lawyers are sometimes allow
ed 20 do so numerically.
This Is not criticism ~ individuals,
but OF what seems an injurious and
needless deep.s Gated custom. The
method OF attempting to reduce 20 re-
duce witnesses q a state ~ panic
| has become 20 prevalent that no law
yer p rhaps. would feel that he could
AFFORD 20 abandon n. unless there
were q general movement 10 that
end Sarcasm. rdicule and contempt
/ % frequently In general court pro
cednrp. are freely poured upon the
/ devoted head u the witness He Is
iu'imidatcd hy hristllng behigerency
and stentorlan voice, until he is
made TO feel that he has unwlttingiy
[ become the bone IN dog fght. and.
FAR from being in state 20 give
/ careful consideration 10 his answers.
which he should he scarcely knows
whether ne Is telling the truth or
not. and only wishes - escape from
his predicamont
II b. little wonder that some people
dread their appearance In court as
Z witness. and that the LAWYERS often
Ind much dlficuliy In convincing a
prospective witness that he knows
enough about n ease 20 be- 81 service.
I Hardly would anything but a rom
pellinr sense ~ duty prompt anyone
90 volunteer Information that would
bring him into court as a witness
For this the lawyers are them
selves 90 blame. aud u seems that
enc Of .the things which they should
seriously consider for the credit 81
the ,-lurts. to which one can not
doubt they are honestly devoted. Ia
more considerable treatment ~ Wit
nesses
Those who are frequently In court
know taat the persecution n wit
ness sometimes reaches a point which
fairly heseeches the Judge 20 Inter
fere. yet Il does not appear 10 be in
accord with present court procedure
that the judge shall do much 20 amel-
iorate the misery of witness IL
seems. however. that the Judge. as
the controlling power In court. H.
the source from which improved Gus
toms Of procedure are 20 be- expect.
ed. And there IL another case close
" allied 20 tho marrying Of witness.
-. IN which n seems there H. op-
ppriunity for Improvement IN court
procedure This h the custom 81
holding witnesses 10 an exact form
OF answer. more binding than the
rules Of evidence reQuife For er-
APPLE lawyer asks.
WAS Il raining on ne day in
question:"
The witness Well IL Vas not er.
actiy raining. bot
The Lawyer. Il did not ask II
Il was exactly raining or eXssily
showing or exactly doing anything
else Was Il. or was L not, aining7"
The witness Well. you see"
The Lawyer = don't see anytnins.
Can't you answer yes. or no.
The Opposing Lawyer tsasagely):
"He is trying 10 answer" Whereup-
on the lawyers lock horns" and the
witness gets chance 10 blurt out:
1T vas misting" And this answer
being satisfactory 10 all sides the
case proceeds with a loss OF only Eve
minutes or 20 u time
Such childs play as this would Re
indeed laughabiy absurd anywhere ex-
cept IN court room, but no one
can deny that il happens only too
often there. u sometimes seems
sat Informal Inquiries. such as those
conducted 1y committees and COM
missions. are distinctly more efficient.
a. tines are certainly vastly more
comfortable Tor Witnesses than those
which are bnsed en- the immense cN-
fcsionce Of the courts. Il Is often
more rapid. al well as more aeon
rate and enlishienius far witness
10 give an answer with the modih-
cations that occur 20 him. Yes" or
no. Tor an answer b supposed 20
be- extremely precise 1ni Fatisfacto-
~. bat is based ON theory A. err
r,neons ~ that figures aud photo
graphs cannot he.