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The Art of Cross-Examination

Chapter 10 GOLDEN RULES FOR THE EXAMINATION OF WITNESSES

Word Count: 1789    |    Released on: 06/12/2017

densed his experiences into eighteen paragraphs which he ha

amination of witnesses, yet the Golden Rules of Brown contain so many useful and valuable sugg

r the Examinati

to your ow

or forwardness, observe a gravity and ceremony of manner to

or the matter in issue; as, for instance,-Where do you live? Do you know the parties? How long have you known them? etc. And when you have restored them to their composure, and the mind has regain

arded against), exhibit no want of composure; for there are many minds that form opinions of the natu

unsel perceive the bias to which I have referred, he may employ it to your ruin. In judicial inquiries, of all possible evils, the worst and the least to be resisted is an enemy in the disguise of a friend. You cannot impeach him; you cannot cross-examine him; you cannot disarm him; you cannot indirectly, even, assail him; and

your opponent the same privilege it thus gives to you,-and, in addition thereto, not only render everything unfavorable said by the witn

nor without being able to connect that objec

t, or, at all events, produce strong reason in its support. Frequent failures in the discussions of points of e

on. Nothing is so monstrous as to be constantly making and withdrawing objections; it either indicates a wa

make him also speak distinctly and to your question. How can it be supposed that the court and jury will be in

mstances may direct, "Inspire t

finish when you have done. In other words, do not

-exam

that of the witness; this is a channel of communication f

d, hatred, anger

ssions-all the

portant to know that the witness was at the corner of Sixth and Chestnut streets at a certain time, the question is asked, Were you at the corner of Sixth and Chestnut streets at six o'clock? A frank witness would answer, perhaps I was near there. But a witness who had been there, desirous to conceal the fa

t the corner, or at what place were you at six o'clock? And in nine instances out of ten it will appear, that the witness was at the place about the time,

fearful; rough to the ruffian, and a thunderbolt to the liar. But in all this, never be unmindful of your own dignity. B

y the answer to which, if against you, may destroy your client, unless you know the witness perfectly well, and know that his answer will

al answer. Singleness of purpose, clearly expressed, is the best trait in the examination of witnesses, whether they be honest or the reverse

e with the examination. Let him have an opportunity of satisfying himself either that he has mistaken your power, or his own. But in any result,

upon the combinations and relations of the game-partial and tem

ow may be just as fatal as though it were directed by the most consummate skill; the n

league; civil to your antagonist; but never sacrifice the slight

lf century ago, there is an excellent chapter on cross-examination, to which the writer is indebted for many sugge

s questions here; the most apparently unimportant may bring destruction or victory. If the summit of the orator's art has been rightly defined to consist in knowing when to sit down, that of an advocate may be described as knowing when to keep his seat. Very little experience in our courts will teach you this lesson, for every day will show to your observant eye instances of self-destruction brought about by imprudent cross-examination. Fear not that your discreet reserve may be mistaken for carelessness or want of sel

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