The Art of Cross-Examination

rything of something, the expert is more and more called upon as a witness both in civil and criminal cases. In these times of specialists, their ser

t of growing importance, but it is intended in this chapter merely to make some suggestions, and to give a few illustr

of different experts be obtained upon opposite sides of the same question, but also

may be called to establish certain medical facts which are not mere matters of opinion. On such facts the experts could not disagree; but in the pro

a specialist in his own field of inquiry. Lengthy cross-examinations along the l

nlarge upon the testimony he has already given, and to explain what might otherwise have been misunderstood or even entirely overlooked by the jury. Experience has led me to believe that a physician should rarely be cross-examined on his own specialty, unless the importance of the case has warranted so close a study by the counsel of the particular subject under discus

end to support the theory of the attorney's own side of the case, are usually productive of good results. In other words, the art of the cross-examiner should be directed to

to give the expert an opportunity to expatiate upon his own views, and thus afford him an opportunity in his answer to give his reasons

ad attended Mrs. Buchanan upon her death-bed, and who had given it as his opinion that her death was due to natural causes, which enabled the jury, after twen

d who had made a will in his favor-with morphine and atropine, each drug being used in such proportion as to

all reasonable doubt, the result of an overdose of morphine mixed with atropine administered by her husband, although a respectable physician, who had attended her at

d questioned him concerning the symptoms he had observed during his treatment of Mrs. Buchanan just prior to her death, and developed the fact that the doctor had made out a death

dical questions more or less remote from the subject under discussion, and tending to show the erudition of the lawyer who was conducting the examination rather than to throw light upon the inquiry uppermost in the minds of the jury, t

n believed was the cause of her death; I now ask you, has anything transpired since Mrs. Buc

-it-is-expressed-in-this-paper?" The witness turned to the judge and inquired if in answer to such a question he would be allowed to speak of matters that had come to his kno

his was done. The attention of everybody in court was by this time focussed upon the witness, inten

rned to the cross-examiner and said, "I wish to ask you a question, Has the report of the chemist telling of his discovery of

the report of the pathologist yet been rece

t in the absence of the pathological report and in the absence of the chemical report I know of

jury by these answers. All the advantage that the prisoner might hav

ng themselves for twenty-four hours without coming to any conclusion. At the expiration of this time the jury returned to the court room and asked to have the testimony of this doctor reread to them by the s

same "Medico-legal Wonder" were the subject of very extended newspaper praise at the ti

ffectually be destroyed by putting the witness to some unexpected and offhand test at the trial, as to his experience, his ability and discrimination as an expert, so that in case of his

esses now so frequently seen in our courts. A striking instance of the efficacy of this style of cross-examination wa

n her ankle in consequence of stepping into an unprotected hole in the street pavement, to bring suit against the city to recover $40,000 damages. There was very little defence

hing but a most imperfect union of the bones, and that his housekeeper, a most respectable and estimable lady, would be lame for life. His manner on the witness-stand was exceedingly dignified and frank, and evidently impressed the jury. A large verdict of fully $15,000 was certain to be the result unless this witness's hold upon

ontrary had started in business in Wall Street, had later been manager of several business enterprises, and had not begun the study of medicine unt

ractitioner; but is it not a fact that in this great city, where accidents are of such common occ

es, sir, t

even claim to be an

have the experience of a

al name for the particular form of

own as a 'Potts fra

ell-recognized form o

. "Oh,

jury about when you had a fracture of this nature i

not feel at liberty to discl

s and secrets of patients-far from it. I am onl

't possibly give

s way). "Was it within th

g). "I would not

bliged to demand a positive answer from you whether or not you had had a s

o, I cannot reme

ou have one two

"I can

d you have one within five years

unable to sa

u swear that you ever had a case of 'Potts fracture' within your own practice before this one? I t

estion is an embarrassing one. I sh

ou for your best memory as a

ot now remember of any case previous to the one in

ractice and experience to attend successfully so se

. "Oh,

fractures' are daily being attended to in our hospitals by experienc

the age of the patient; and again, in some c

ched and approaching the witness). "Will you please take these, doctor, and tell th

s difficult t

ell the skeleton of a woman

I should say it

"So in your opinion, doctor, this was

made a mistake). "Oh, I beg your pardon, it is a ma

ght in their seats and evinced much amuseme

be good enough to tell the jury if i

ry difficult for the inexperienced to disting

hed). "What do y

sed). "Pardon me,

the first time, doctor. Is

think so; no, it

er, and handing it to the doctor). "Please put the skeleton of the foot into the ankle joint of

"Yes, it is the left l

you see you have inserted the foot into th

ily readjusted the bones and sat blushing to the roots of his hair. Counsel waited until the

m up the case, and upon the part of the defence no allusion whatsoever was made to the incident just described. The jury appreciated the fact, and returned a verdict for the plaintiff f

ondness for entertainment has at times induced attorneys to try the experiment of framing their questions on cross-examination of medical experts so that

er armpits. She claimed that she had sustained injuries to her ribs, lungs, and chest, and that she was suffering from resultant pleurisy and intercostal neuritis. A specialist on nerve injuries, called by the defence, had testified that there was nothing the matter

were to decide his case, and proceeded to cross-examine the doctor in rhyme, which the learned physician, absorbed in hi

s arose

ou say for the sake of a modest fee you

d to do my

no more than you

do you me

aid your head u

"I

a most deli

of ascertaining if there is a

d as mine, and with your knowledge of medicine, a mangled ple

impossible, if a person was suffering from a lacerat

did this mo

"I

d to earn your

at had nothing to do with it. I want you to underst

t you saw no more tha

saw no

r oath as a scholar, was as good

his gavel. Dr. -- appealed to the court

u think she wa

"I

ith you and your science and your stethoscope, f

d I maintain that it would be very hard fo

avel fell with greater force. Couns

the end of her breath, your opinion

answ

; in fact, if she'd fallen from Mount Chimborazo, you'd say she's unhurt and continue to say so. Su

made ridiculous by this gentleman, and I pro

could rule, Mr.

he dance of St. Vitus if you found o

ur Honor, I ref

nished counsel that he had pursued

large verdict in favor of his client, and by a request signed by each one of the jurors pers

miliar in many recent famous trials that have occurred in this city, the following incident cannot fail to serve as a forcible illustration of the

that the alleged compromising documents had ever been written by her. Counsel for Ellison, the late Charles Brooke, Esq., had evidently framed his whole cross-examination of Mrs. Noeme upon these letters, and made a final effort to introduce them in evidence by calling Professor Ames, the well-known expert in handwriting. He deposed to having close

ven only one sample of the lady's genuine handwriting, and you

given me, but that was quite a long one, and

you if you were given a number of her

had of genuine handwriting, the more

e signature and handing it to the witness). "Would you mind taking this one and c

a few minutes). "Yes, sir, I should

he same individual may write a variety of hands u

s, sir; they mig

ing over the signature and handing to the witness). "Won't you kind

r). "Yes, sir, that is a var

ling to give it as your opinion that

certainly

nature, and handing to the witness). "Be good enough to take just one more sample-I

air and going to the window to complete his inspection). "Yes, s

stand; but is it your honest opinion as an expert, tha

yes, it is my

e edge where I folded over the signature to the first lett

letter and reading triu

e unfold the second lette

ing). "Willia

ney. "Now the

ading with much embarrassm

sing letters were ne