The Art of Cross-Examination by Francis L. Wellman
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
Chapter 1 No.1
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Chapter 2 INTRODUCTORY
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Chapter 3 THE MANNER OF CROSS-EXAMINATION
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Chapter 4 THE MATTER OF CROSS-EXAMINATION
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Chapter 5 CROSS-EXAMINATION OF THE PERJURED WITNESS
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Chapter 6 CROSS-EXAMINATION OF EXPERTS
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Chapter 7 THE SEQUENCE OF CROSS-EXAMINATION
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Chapter 8 SILENT CROSS-EXAMINATION
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Chapter 9 CROSS-EXAMINATION TO CREDIT, AND ITS ABUSES
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Chapter 10 GOLDEN RULES FOR THE EXAMINATION OF WITNESSES
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Chapter 11 SOME FAMOUS CROSS-EXAMINERS AND THEIR METHODS
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Chapter 12 THE CROSS-EXAMINATION OF RICHARD PIGOTT BY SIR CHARLES RUSSELL BEFORE THE PARNELL COMMISSION
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Chapter 13 THE CROSS-EXAMINATION OF DR. -- IN THE CARLYLE W. HARRIS CASE
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Chapter 14 THE BELLEVUE HOSPITAL CASE
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Chapter 15 THE CROSS-EXAMINATION OF JEREMIAH SMITH BY SIR ALEXANDER COCKBURN IN THE WILLIAM PALMER CASE
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Chapter 16 THE CROSS-EXAMINATION OF RUSSELL SAGE BY MR. JOSEPH H. CHOATE IN THE LAIDLAW-SAGE CASE
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