The Art of Cross-Examination

All rights reserved

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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.

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To my Sons

RODERIC and ALLEN

WHO HAVE EXPRESSED THEIR INTENTION

TO ENTER THE LEGAL PROFESSION

THIS BOOK

IS AFFECTIONATELY DEDICATED

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"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.

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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.

Bar Harbor, Maine,

September 1, 1903.

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CONTENTS