THE ART OF CROSS EXAMINATION
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.
Description
The book has practically been rewritten, so important are the additions, although the first few chapters have been left very much as they were.
The chapter on the “Cross-examination of Experts” has been rearranged, many new examples added, and the discussion much extended.
There is a new chapter on “Cross-examination to the Fallacies of Testimony,” which is intended to be a brief discussion of the philosophy of oral evidence.
There is also a new chapter on “Cross-examination to Probabilities, Personality of the Examiner, etc.,” with many instructive illustrations.
Perhaps one of the most entertaining additions is the chapter devoted to “The Celebrated Breach of Promise Case of Martinez v. Del Valle,” in which one of Mr. Joseph H. Choate’s most subtle cross-examinations is given at length, with explanatory annotations. This case is placed first among the examples of celebrated cross-examinations because of these annotations. They are intended to guide the student and to indicate to him some of the methods that are used by great cross-examiners, in order that he may have a clearer understanding of the methods used in the cross-examinations in the chapters that follow.
Extracts from the cross-examination of Guiteau, President Garfield’s assassin, conducted by Mr. John K. Porter, comprise another new chapter.
In the place of Mr. Choate’s cross-examination of Russell Sage in the third trial (extracts of which were given in the first edition), the far more instructive and amusing cross-examination that took place in the second trial has been substituted.
Whatever in the first edition was merely amusing, or, if instructive, was somewhat obscure, has been omitted; so that quite one- half the present edition is entirely new matter, and of a more serious character.
One important feature of the book is the fact that the cases and illustrations are all real, and many of them heretofore almost unknown to the profession. They have not been intentionally misrepresented or exaggerated.
This new edition of my book is submitted with the hope that my readers may take as much pleasure in its perusal as I have done in the researches necessary to its preparation.
BAR HARBOR, MAINE, September 1, 1904.