Chapter I: 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.

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