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قراءة كتاب The Art of Cross-Examination With the Cross-Examinations of Important Witnesses in Some Celebrated Cases
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The Art of Cross-Examination With the Cross-Examinations of Important Witnesses in Some Celebrated Cases
THE ART OF CROSS-EXAMINATION
THE ART OF
CROSS-EXAMINATION
BY
FRANCIS L. WELLMAN
OF THE NEW YORK BAR
WITH THE CROSS-EXAMINATIONS OF IMPORTANT
WITNESSES IN SOME CELEBRATED CASES
New York
THE MACMILLAN COMPANY
LONDON: MACMILLAN & CO., LTD.
1904
All rights reserved
Copyright, 1903,
By THE MACMILLAN COMPANY.
Set up, electrotyped, and published December, 1903. Reprinted January, twice, February, 1904.
Norwood Press
J. S. Cushing & Co.—Berwick & Smith Co.
Norwood, Mass., U.S.A.
To my Sons
RODERIC and ALLEN
WHO HAVE EXPRESSED THEIR INTENTION
TO ENTER THE LEGAL PROFESSION
THIS BOOK
IS AFFECTIONATELY DEDICATED
"Cross-examination,—the rarest, the most useful, and the most difficult to be acquired of all the accomplishments of the advocate.... It has always been deemed the surest test of truth and a better security than the oath."—Cox.
PREFACE
In offering this book to the legal profession I do not intend to arrogate to myself any superior knowledge upon the subject, excepting in so far as it may have been gleaned from actual experience. Nor have I attempted to treat the subject in any scientific, elaborate, or exhaustive way; but merely to make some suggestions upon the art of cross-examination, which have been gathered as a result of twenty-five years' court practice, during which time I have examined and cross-examined about fifteen thousand witnesses, drawn from all classes of the community.
If what is here written affords anything of instruction to the younger members of my profession, or of interest or entertainment to the public, it will amply justify the time taken from my summer vacation to put in readable form some points from my experience upon this most difficult subject.
September 1, 1903.
CONTENTS
| CHAPTER | PAGE | |
| I. | INTRODUCTORY | 13 |
| II. | THE MANNER OF CROSS-EXAMINATION | 23 |
| III. | THE MATTER OF CROSS-EXAMINATION | 39 |
| IV. | CROSS-EXAMINATION OF THE PERJURED WITNESS | 57 |
| V. | CROSS-EXAMINATION OF EXPERTS | 81 |
| VI. | THE SEQUENCE OF CROSS-EXAMINATION | 103 |
| VII. | SILENT CROSS-EXAMINATION | 113 |
| VIII. | CROSS-EXAMINATION TO CREDIT, AND ITS ABUSES | 121 |
| IX. | GOLDEN RULES FOR EXAMINATION OF WITNESSES | 135 |
| X. | SOME FAMOUS CROSS-EXAMINERS AND THEIR METHODS | 145 |
| XI. | THE CROSS-EXAMINATION OF RICHARD PIGOTT BEFORE THE PARNELL COMMISSION | 175 |
| XII. | THE CROSS-EXAMINATION OF DR. —— IN THE CARLYLE W. HARRIS CASE | 197 |
| XIII. | THE CROSS-EXAMINATION OF THOMAS J. MINNOCK IN THE BELLEVUE HOSPITAL CASE | 215 |
| XIV. | THE CROSS-EXAMINATION OF JEREMIAH SMITH IN THE WILLIAM PALMER CASE | 249 |
| XV. | THE CROSS-EXAMINATION OF RUSSELL SAGE IN THE LAIDLAW-SAGE CASE | 269 |
CHAPTER I
INTRODUCTORY
"The issue of a cause rarely depends upon a speech and is but seldom even affected by it. But there is never a cause contested, the result of which is not mainly dependent upon the skill with which the advocate conducts his cross-examination."
This is the conclusion arrived at by one of England's greatest advocates at the close of a long and eventful career