The patience required for taking testimony is needful also in
cross-examination. Not only children and slow-witted folk, but also
bright persons often answer only “yes” and “no,”[50] and these bare
answers demand a patience most necessary with just this bareness, if the
answers are to be pursued for some time and consecutively. The danger of
impatience is the more obvious inasmuch as everyone recognizes more or
less clearly that he is likely to set the reserved witness suggestive
questions and so to learn things that the witness never would have said.
Not everybody, indeed, who makes monosyllabic replies in court has this
nature, but in the long run, this common characteristic is manifest, and
these laconic people are really not able to deliver themselves
connectedly in long speeches. If, then, the witness has made only the
shortest replies and a coherent well-composed story be made of them, the
witness will, when his testimony is read to him, often not notice the
untruths it might contain. He is so little accustomed to his own
prolonged discourse that at most he wonders at his excellent speech
without noticing even coarse falsehoods. If, contrary to expectation, he
does notice them, he is too chary of words to call attention to them,
assents, and is glad to see the torture coming to an end. Hence, nothing
but endless patience will do to bring the laconic witness to say at
least enough to make his information coherent, even though brief. It may
be presented in this form for protocol.
Section 6. (d) Presuppositions of Evidence-Taking.
One of the most important rules of evidence-taking is not to suppose
that practically any witness is skilled in statement of what he
remembers. Even of child training, Fröbel[51] says, “Men must be drawn
out, not probed.” And this is the more valid in jurisprudence, and the
more difficult, since the lawyers have at most only as many hours with
the individual as the teacher has years. However, we must aim to draw
the witness out, and if it does not work at first, we must nevertheless
not despair of succeeding.
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