The Art of Cross-Examination Part 7

_Q._ "For you had to earn your expert's fee?"

_A._ "Of course I was paid for my examination, but that had nothing to do with it. I want you to understand that I made my examination most conscientiously."

_Q._ "Can you swear that you saw no more than you wanted to see?"

_A._ "I saw nothing."

_Q._ "And each of her ribs, on your oath as a scholar, was as good and sound as a daddy's dollar?"

(Outburst of laughter, and the judge used his gavel. Dr. ---- appealed to the court for protection, but Mr. Towns continued.)

_Q._ "You say you think she was malingering?"

_A._ "I do."

_Q._ "So when the poor creature ventured to cope with you and your science and your stethoscope, for her you'll acknowledge there was little hope?"

_A._ "I have come here to tell the truth, and I maintain that it would be very hard for a young woman of her type to deceive me."

(Renewed laughter and the judge's gavel fell with greater force. Counsel was admonished, but he continued.)

_Q._ "She might scream in anguish till the end of her breath, your opinion once formed you'd hold until death?"

Not answered.

_Q._ "Though she fell through a hole clear up to her arm, and that's quite a fall, it did her no harm; in fact, if she'd fallen from Mount Chimborazo, you'd say she's unhurt and continue to say so. Such a fall from such a height, one might observe, might break all her ribs, but ne'er injure a nerve?"

_The Doctor._ "Your honor, I don't wish to be made ridiculous by this gentleman, and I protest against his questions, they are unfair."

Before the court could rule, Mr. Towns continued:--

_Q._ "And you hope to be seized with the dance of St. Vitus if you found on the plaintiff intercostal neuritis?"

_The Doctor._ "Your Honor, I refuse to answer."

Here the judge interfered and admonished counsel that he had pursued this line of inquiry long enough.

That Mr. Towns was correct in his estimate of this absurd panel of jurors was shown by a very large verdict in favor of his client, and by a request signed by each one of the jurors personally that counsel would send them a copy of his cross-examination of the defendant's doctor.

As distinguished from the lengthy, though doubtless scientific, cross-examination of experts in handwriting with which the profession has become familiar in many recent famous trials that have occurred in this city, the following incident cannot fail to serve as a forcible ill.u.s.tration of the suggestions laid down as to the cross-examination of specialists. It would almost be thought improbable in a romance, yet every word of it is true.

In the trial of Ellison for felonious a.s.sault upon William Henriques, who had brought Mr. Ellison's attentions to his daughter, Mrs. Lila Noeme, to a sudden close by forbidding him his house, the authenticity of some letters, alleged to have been written by Mrs. Noeme to Mr.

Ellison, was brought in question. The lady herself had strenuously denied that the alleged compromising doc.u.ments 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 closely studied the letter in question, in conjunction with an admittedly genuine specimen of the lady's handwriting, and gave it as his opinion that they were all written by the same hand. Mr. Brooke then offered the letters in evidence, and was about to read them to the jury when the a.s.sistant district attorney asked permission to put a few questions.

_District Attorney._ "Mr. Ames, as I understood you, you were given only one sample of the lady's genuine handwriting, and you base your opinion upon that single exhibit, is that correct?"

_Witness._ "Yes, sir, there was only one letter given me, but that was quite a long one, and afforded me great opportunity for comparison."

_District Attorney._ "Would it not a.s.sist you if you were given a number of her letters with which to make a comparison?"

_Witness._ "Oh, yes, the more samples I had of genuine handwriting, the more valuable my conclusion would become."

_District Attorney_ (taking from among a bundle of papers a letter, folding down the signature and handing it to the witness). "Would you mind taking this one and comparing it with the others, and then tell us if that is in the same handwriting?"

_Witness_ (examining paper closely for a few minutes). "Yes, sir, I should say that was the same handwriting."

_District Attorney._ "Is it not a fact, sir, that the same individual may write a variety of hands upon different occasions and with different pens?"

_Witness._ "Oh, yes, sir; they might vary somewhat."

_District Attorney_ (taking a second letter from his files, also folding over the signature and handing to the witness). "Won't you kindly take this letter, also, and compare it with the others you have?"

_Witness_ (examining the letter). "Yes, sir, that is a variety of the same penmanship."

_District Attorney._ "Would you be willing to give it as your opinion that it was written by the same person?"

_Witness._ "I certainly would, sir."

_District Attorney_ (taking a third letter from his files, again folding over the signature, and handing to the witness). "Be good enough to take just one more sample--I don't want to weary you--and say if this last one is also in the lady's handwriting."

_Witness_ (appearing to examine it closely, leaving the witness-chair and going to the window to complete his inspection). "Yes, sir, you understand I am not swearing to a fact, only an opinion."

_District Attorney_ (good-naturedly). "Of course I understand; but is it your honest opinion as an expert, that these three letters are all in the same handwriting?"

_Witness._ "I say yes, it is my honest opinion."

_District Attorney._ "Now sir, won't you please turn down the edge where I folded over the signature to the first letter I handed you, and read aloud to the jury the signature?"

_Witness_ (unfolding the letter and reading triumphantly). "_Lila Noeme._"

_District Attorney._ "Please unfold the second letter and read the signature."

_Witness_ (reading). "_William Henriques._"

_District Attorney._ "Now the third, please."

_Witness_ (hesitating and reading with much embarra.s.sment). "_Frank Ellison!_"[10]

[10] As a matter of fact, father and daughter wrote very much alike, and with surprising similarity to Mr. Ellison. It was this circ.u.mstance that led to the use of the three letters in the cross-examination.

The alleged compromising letters were never read to the jury.

CHAPTER VI

THE SEQUENCE OF CROSS-EXAMINATION