Courts -- United States; Trial practice -- United States
"The plaintiff was suffering from traumatic sacro-illiac disease,
traumatic sinovitis of the knee and wrist and from traumatic myositis
of the muscles of the back."
In reality the testimony of expert witnesses is very good evidence. If
it is given in plain and understandable English and the jury think the
expert a clean-cut, sensible man, it is just what the jury want to
learn. An expert's method of reasoning about the facts in evidence is
the same as that employed by the jury in the jury-room. It is merely
an opinion; for on the opinion of the jury, based on the evidence
depends their verdict.
While the witnesses are being examined, called to the stand, sworn,
being excused, and being cross-examined, there occur numberless
incidents of the trial known as the objections, exceptions, and
motions.
XI
THOSE TECHNICAL OBJECTIONS
These are the stage tricks and little incidents that give variety to
the performance. No drama would be complete without a few diversions.
So far as the drama itself goes, they are of no great importance
except to give pungency and interest to the action.
The lawyer asks an apparently good question. "I object," says the
other lawyer, "on the ground that it is incompetent, irrelevant, and
immaterial." The judge has to rule. He may not exactly have heard the
question. The stenographer reads it again. The other lawyer leans
forward in a frenzy of fear lest the question be ruled out. He begins
to argue.
"The question is perfectly proper; the witness ought to be permitted
to answer it." "No," says the other lawyer, "it is improper in form,
calls for a conclusion, and should not be allowed." The judge looks
puzzled. "Read that again," he says. The question is, "What kind of a
cow was it you saw in the plaintiff's garden?" "I still object," says
the lawyer. "The witness has not been shown to be an expert. If my
learned friend is going to attempt to qualify him as an expert, I
desire an opportunity to cross-examine him concerning his experience
in cows." "Not at all," answers the lawyer. "The question is entirely
proper and I stand on my legal rights." The judge hesitates; if he
does not rule correctly the lawyer will take an exception and the
Appellate Court may not like it. So he says, turning to the witness,
"You may answer, but I will reserve the question and decide it later
on a motion to strike out." "I except," says the lawyer. The jury look
relieved. The witness straightens up, the opposing lawyer sits back
in disgusted contempt at such a loose method of procedure. "Well,"
says the witness, "it was a red cow."
This may go on for some time.
"I move to strike the answer out," says the lawyer; and the argument
begins all over again.
Public-domain text, read in full here on John Shaqi.
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