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-
I will give here also next an account of the most important criminal
case I ever defended. A man by the name of Yard had shot and killed a
party by the name of Jones. He claimed that he pointed a shotgun over
the shoulder of his wife at the time Jones was approaching his wife
about to commit an assault upon her for an illegal purpose, when he
fired the gun and Jones fell dead as a result. Jones had come onto the
premises where Yard and his wife resided, having in each hand a bucket
with which he was supposed to be intending to go to a well for water.
The buckets were found some distance, probably twenty-five or thirty
steps from the door, and the prosecution claimed that the buckets
indicated the place at which the deceased was at the time he was fired
upon and killed. Yard and his wife were both in jail at the time I was
sent for, and the first thing I did was to enjoin upon them the
necessity of absolute silence and refusal to answer any questions or to
communicate with any party or parties who might possibly thereafter
testify against them. Upon a preliminary trial before the justice I
waived an examination of the case and had the defendants enter bail for
their appearance at court. A man by the name of Smith, who was the
owner of the gun with which the deceased was shot and who had loaned it
to Yard only a few days before, was indicted with Yard and his wife as
accessory to the crime. As the defense in this case would depend
entirely upon the testimony of Yard and his wife I at once appreciated
the absolute importance of having these parties tell the exact truth
without equivocation or invention. My experience as a lawyer had taught
me that persons deeply interested in the result of the trial,
participating in a transaction such as the killing of another, are
subject to such a state of nervous excitement that they frequently do
not remember with any degree of accuracy the collateral facts and
circumstances attending the more important events, and persons of
ordinary intellect imagine it is important that they should be able to
recollect and answer accurately every question that is made in regard
to the collateral facts and circumstances attending the principal
event, and almost invariably they invent answers to such questions and
pretend to know what really they do not know and do not recollect. The
result is that they involve themselves in contradictions and
impossibilities, and let confusion destroy even the reliable and
truthful parts of their evidence, and this was what I feared in this
case. I was accused by some members of the bar and outsiders of
training these parties as witnesses in their own behalf, and in one
sense of the word it was true, but I only trained them to tell the
truth, carefully eliminating from their story and had them eliminate
everything that I was satisfied upon thorough examination was the
result of their invention instead of their recollection. I first
Public-domain text, read in full here on John Shaqi.
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