5
1
Overview
CONTENTS
CHAPTER PAGE
I. INTRODUCTORY 11
II. THE MANNER OF CROSS-EXAMINATION 21
III. THE MATTER OF CROSS-EXAMINATION 37
IV. CROSS-EXAMINATION OF THE PERJURED WITNESS 55
V. CROSS-EXAMINATION OF EXPERTS 79
VI. THE SEQUENCE OF CROSS-EXAMINATION 101
VII. SILENT CROSS-EXAMINATION 111
VIII. CROSS-EXAMINATION TO CREDIT, AND ITS ABUSES 119
IX. GOLDEN RULES FOR EXAMINATION OF WITNESSES 133
X. SOME FAMOUS CROSS-EXAMINERS AND THEIR METHODS 143
XI. THE CROSS-EXAMINATION OF RICHARD PIGOTT
BEFORE THE PARNELL COMMISSION 173
XII. THE CROSS-EXAMINATION OF DR. ---- IN THE
CARLYLE W. HARRIS CASE 195
XIII. THE CROSS-EXAMINATION OF THOMAS J. MINNOCK
IN THE BELLEVUE HOSPITAL CASE 213
XIV. THE CROSS-EXAMINATION OF JEREMIAH SMITH
IN THE WILLIAM PALMER CASE 247
XV. THE CROSS-EXAMINATION OF RUSSELL SAGE IN
THE LAIDLAW-SAGE CASE 267
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 at the Bar. It was written
some fifty years ago and at a time when oratory in public trials was at
its height. It is even more true at the present time, when what was once
commonly reputed a "great speech" is seldom heard in our
courts,--because the modern methods of practising our profession have
had a tendency to discourage court oratory and the development of
orators. The old-fashioned orators who were wont to "grasp the
thunderbolt" are now less in favor than formerly. With our modern
jurymen the arts of oratory,--"law-papers on fire," as Lord Brougham's
speeches used to be called,--though still enjoyed as impassioned
literary efforts, have become almost useless as persuasive arguments or
as a "summing up" as they are now called.
Modern juries, especially in large cities, are composed of practical
business men accustomed to think for themselves, experienced in the ways
of life, capable of forming estimates and making nice distinctions,
unmoved by the passions and prejudices to which court oratory is nearly
always directed. Nowadays, jurymen, as a rule, are wont to bestow upon
testimony the most intelligent and painstaking attention, and have a
keen scent for truth. It is not intended to maintain that juries are no
longer human, or that in certain cases they do not still go widely
astray, led on by their prejudices if not by their passions.
Nevertheless, in the vast majority of trials, the modern juryman, and
especially the modern city juryman,--it is in our large cities that the
greatest number of litigated cases is tried,--comes as near being the
model arbiter of fact as the most optimistic champion of the institution
of trial by jury could desire.
I am aware that many members of my profession still sneer at trial by
jury. Such men, however,--when not among the unsuccessful and
disgruntled,--will, with but few exceptions, be found to have had but
little practice themselves in court, or else to belong to that ever
growing class in our profession who have relinquished their court
practice and are building up fortunes such as were never dreamed of in
the legal profession a decade ago, by becoming what may be styled
business lawyers--men who are learned in the law as a profession, but
who through opportunity, combined with rare commercial ability, have
come to apply their learning--especially their knowledge of corporate
law--to great commercial enterprises, combinations, organizations, and
reorganizations, and have thus come to practise law as a business.
CHAPTER PAGE
I. INTRODUCTORY 11
II. THE MANNER OF CROSS-EXAMINATION 21
III. THE MATTER OF CROSS-EXAMINATION 37
IV. CROSS-EXAMINATION OF THE PERJURED WITNESS 55
V. CROSS-EXAMINATION OF EXPERTS 79
VI. THE SEQUENCE OF CROSS-EXAMINATION 101
VII. SILENT CROSS-EXAMINATION 111
VIII. CROSS-EXAMINATION TO CREDIT, AND ITS ABUSES 119
IX. GOLDEN RULES FOR EXAMINATION OF WITNESSES 133
X. SOME FAMOUS CROSS-EXAMINERS AND THEIR METHODS 143
XI. THE CROSS-EXAMINATION OF RICHARD PIGOTT
BEFORE THE PARNELL COMMISSION 173
XII. THE CROSS-EXAMINATION OF DR. ---- IN THE
CARLYLE W. HARRIS CASE 195
XIII. THE CROSS-EXAMINATION OF THOMAS J. MINNOCK
IN THE BELLEVUE HOSPITAL CASE 213
XIV. THE CROSS-EXAMINATION OF JEREMIAH SMITH
IN THE WILLIAM PALMER CASE 247
XV. THE CROSS-EXAMINATION OF RUSSELL SAGE IN
THE LAIDLAW-SAGE CASE 267
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 at the Bar. It was written
some fifty years ago and at a time when oratory in public trials was at
its height. It is even more true at the present time, when what was once
commonly reputed a "great speech" is seldom heard in our
courts,--because the modern methods of practising our profession have
had a tendency to discourage court oratory and the development of
orators. The old-fashioned orators who were wont to "grasp the
thunderbolt" are now less in favor than formerly. With our modern
jurymen the arts of oratory,--"law-papers on fire," as Lord Brougham's
speeches used to be called,--though still enjoyed as impassioned
literary efforts, have become almost useless as persuasive arguments or
as a "summing up" as they are now called.
Modern juries, especially in large cities, are composed of practical
business men accustomed to think for themselves, experienced in the ways
of life, capable of forming estimates and making nice distinctions,
unmoved by the passions and prejudices to which court oratory is nearly
always directed. Nowadays, jurymen, as a rule, are wont to bestow upon
testimony the most intelligent and painstaking attention, and have a
keen scent for truth. It is not intended to maintain that juries are no
longer human, or that in certain cases they do not still go widely
astray, led on by their prejudices if not by their passions.
Nevertheless, in the vast majority of trials, the modern juryman, and
especially the modern city juryman,--it is in our large cities that the
greatest number of litigated cases is tried,--comes as near being the
model arbiter of fact as the most optimistic champion of the institution
of trial by jury could desire.
I am aware that many members of my profession still sneer at trial by
jury. Such men, however,--when not among the unsuccessful and
disgruntled,--will, with but few exceptions, be found to have had but
little practice themselves in court, or else to belong to that ever
growing class in our profession who have relinquished their court
practice and are building up fortunes such as were never dreamed of in
the legal profession a decade ago, by becoming what may be styled
business lawyers--men who are learned in the law as a profession, but
who through opportunity, combined with rare commercial ability, have
come to apply their learning--especially their knowledge of corporate
law--to great commercial enterprises, combinations, organizations, and
reorganizations, and have thus come to practise law as a business.
Product Details
| BN ID: | 2940015708875 |
|---|---|
| Publisher: | SAP |
| Publication date: | 09/18/2012 |
| Sold by: | Barnes & Noble |
| Format: | eBook |
| Sales rank: | 224,484 |
| File size: | 146 KB |
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