The life of John Worth KernBowers, Claude G. (Claude Gernade)
History
The life of John Worth Kern
Bowers, Claude G. (Claude Gernade)
Kern, John Worth, 1849-1917; Politicians -- United States -- Biography
met his enemy in the open and planted his batteries upon the rock
foundation of truth and of the legal principles fairly applicable
to the facts established. Like Oscar B. Hord, of the great firm of
Baker, Hord and Hendricks, he was one of the most adroit
cross-examiners at the Indiana bar. His skill in this particular
constituted one of his most potent weapons in the court room. One
of his rules was: ‘We have little to fear from our friends in a
lawsuit. The danger usually lies behind the armor mask of falsehood
or deception worn by the enemy. If this can be destroyed or
penetrated we are safe.’ His method of handling an unfriendly or
unwilling, timid or refractory witness was an interesting study. In
this his quick and accurate judgment of men was of the greatest
assistance. A perfect knowledge of his case, the exact line to be
developed, and danger points to be avoided, were the first
essentials, and absolute self poise the second. He never prejudiced
a jury by an attitude of brutality toward an adverse witness. His
affability at the beginning was usually rewarded with important
admissions, then came the rapid-fire questions, a method commonly
adopted by him, which in most instances brought confusion and often
anger to the witness. Kern’s experience lead him to assert that ‘a
witness that loses his temper loses his influence.’ He did not
include in this rule those whose resentment was justly aroused by
the ill treatment of counsel. Kern regarded this feature of his
trial work as a distinct art and almost felt contempt for a lawyer
who failed to appreciate its great value or possess the necessary
skill for obtaining the best results. So much of interest did he
feel in, and real importance attach to, this question that he often
spoke of his intention, at some time, of giving his observations to
the profession in a suitable book to be entitled ‘The Ideal
Cross-Examiner.’ Master as he was of the subject, it is unfortunate
he never found time to put this purpose, which would have been a
distinct pleasure to him, into execution.
Public-domain text, read in full here on John Shaqi.
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