The law on this subject is, generally speaking, the same in the United States as in England, and this tyranny, if it really exists, weighs upon us as heavily as it does upon Englishmen. The first question that suggests itself is whether this is really a fair statement of law, and, of course, the _Pall Mall Gazette_ admits that there exist limitations of the right of cross-examination, but it contends that these are so undefined as to amount to little or nothing in the way of protection. The authorities contain little on the subject, except that cross-examination as to credit is allowed to go very far, and that judges may in their discretion stop it when it goes too far. But judicial discretion is proverbially an uncertain thing. It varies not merely with the court, but even in the same judge it is affected by the state of his temper, his curiosity, his feeling toward the counsel who is examining, and by thousands of other things that no one can know anything about or depend upon. Usually it is easier not to exercise than to exercise discretion, and the result is that the right of cross-examination is usually unchecked, and in most important cases which are widely reported the right is pushed to lengths which, with witnesses of any sensibility, amount to a process of slow torture. If the right is abused in England, it is unquestionably abused here, and probably at the time of the Beecher trial we should have had complaints about it but for the fact that in the singular society in which the parties to that case lives, a craving for notoriety had been developed which made any discussion of their private affairs less disagreeable than it is to most people. But with the great majority of mankind there is nothing more odious than the extraction, by a sharp, hostile lawyer, from their own unwilling lips, of the details of their moral history. There is probably no one in existence, however good, and however quiet his conscience may be, who can endure without a shudder the thought of every transaction of his past life being dragged out in a court of justice for the amusement of a gaping crowd. Exactly how far the right is abused, and how far the discretionary powers of courts to limit its abuse accomplish their end, it is impossible to say, for it is only in sporadic cases of unusual importance that interest in the result is strong enough to warrant a lawyer's going to great length in cross-examination. Usually, too, it should be said for the credit of the profession, reputable lawyers shrink from outraging a witness's sensibility. But after everything is admitted that can be admitted in favor of the existing state of the law, it is impossible to deny that the door is left very wide open to disgraceful assaults upon credit which inflict serious and irreparable damage.