Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
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Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
When I assumed the duties of judge of the district I found the dockets
much crowded with cases that had been delayed, chiefly because of the
unnecessary consumption of time by attorneys in the trial of their
causes. For instance, one case in Polk county that involved only the
question of the identity of a calf worth three or four dollars had
occupied two weeks of the time of the court in its former trial. When I
called the case for trial a number of attorneys suggested to me that
the case would probably consume the balance of the term, and they might
as well dismiss their witnesses and continue their causes. I told them
that they were probably mistaken as to the time that would be occupied
in the trial of that case. The first witness in behalf of the plaintiff
was a timid young girl about fourteen years of age, a daughter of the
plaintiff. She told in a simple straightforward way what she knew about
the marks on the calf that her father had claimed, and her belief that
it was her father's calf. The attorney for the defendant unfortunately
was somewhat under the influence of liquor, and putting both heels up
on the trial table, he leaned back and in a very rude, aggressive
manner addressed the young girl, saying, "I suppose you put in about
all of your time examining the calves on your father's farm, don't
you?" I immediately reproved the attorney and asked him if he had any
questions to ask the witness in regard to the marks upon the calf or
its identity. He replied in a haughty manner that he supposed he could
examine the witness in his own way and ask his own questions. I
immediately told the witness to stand aside and asked the plaintiff to
call the next witness. The attorney then said he had not cross-examined
the witness and wished to do so. I merely remarked that I had given him
an opportunity to do so and he had not improved it, and he could save
his strength for the next witness. The result of this kind of
discipline was that the case was tried within two days instead of two
weeks, and the great calf case was disposed of. I only give this as a
specimen of the reforms that I tried to introduce into our courts.
Public-domain text, read in full here on John Shaqi.
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