Assassination of Lincoln: a History of the Great Conspiracy: Trial of the Conspirators by a Military Commission, and a Review of the Trial of John H. SurrattHarris, T. M. (Thomas Mealey)
History
Assassination of Lincoln: a History of the Great Conspiracy: Trial of the Conspirators by a Military Commission, and a Review of the Trial of John H. Surratt
Harris, T. M. (Thomas Mealey)
Lincoln, Abraham, 1809-1865 -- Assassination; Surratt, John H. (John Harrison), 1844-1916
To this the Court replied: "I do not know whether it is understood
or not. I cannot understand it, because I am bound not to know the
witnesses, either as regards their own private character, or the
character of their testimony, and I enter into the trial of this case
knowing nothing, as it were, about either, scarcely ever having glanced
at the testimony, and of course, therefore, I cannot enter into the
feelings of counsel on the subject. I do not know to what witnesses
these remarks may be directed, but this I do know, that there are
certain legal methods pointed out in the text books of the law by
which we are to be guided in undertaking to discredit the testimony of
witnesses. One method is the discrediting of the witness by himself;
by his own contradictions, and by his mode and manner of testifying.
Another is by proving the witness to be utterly devoid of reputation
for truth and veracity, and not to be believed on his oath. Another is
by contradicting him by the conflicting testimony of other witnesses.
These are the legal modes that are pointed out in the law books, and
any side remarks that are made by way of prejudicing a jury, any acting
in the case, the casting of sinister looks at the jury, are departures
from the rules laid down.
"The examination of a witness ought to be conducted by the witness
standing up and the counsel standing up, and looking each other in the
face, without the counsel directing his remarks to the jury by turning
towards them instead of turning towards the witness. That is the proper
way to conduct either an examination in chief or a cross-examination."
The fact that the Court deemed it necessary to deliver such a lecture
as this to counsel, who were men of age and experience in their
profession, and who from their reading ought to have been as well
informed as the Court on the proper treatment of a witness and the
legal methods of discrediting testimony, indicates that he had found
in their conduct such flagrant departures from the requirements of
law and professional conduct a necessity for such criticism and such
admonitions. The opinion of the Court as thus expressed fully justifies
me in the charges I have made against the conduct of the defense and
their unprofessional efforts to discredit testimony. I am still further
justified in it by the remark of Mr. Merrick that they (the counsel
for the defense) "had laid at the feet of the attorneys a mass of the
most corrupt battalion that was ever summoned to support a cause in a
criminal court."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account