Evening Republican, Volume 14, Number 88, Rensselaer, Jasper County, 13 April 1910 — ON THE WITNESS STAND. [ARTICLE]

ON THE WITNESS STAND.

The Right of a Witness to Qualify His Answers, Like -Stevenson’s child, as a rule, the witness should speak only when he is spoken to. He should not volunteer anything except that when he is asked a question which with apparent innocence could really be answered “Yes” or “No” he has a right to qualify a plain “Yes" or “No.” This, of course, happens most often in the case of experts. The “Yes, but I will explain,” and “No, but I wil! explain,” of one of the distinguished expert witnesses for the commonwealth in the case of commonwealth versus Quay, which was tried before Judge Biddle In the court of quarter sessions of Philadelphia county several years ago, still linger in■ the writer’s memory. It is a mistaken notion that a witness is bound to answer “Yes” or “No.” It is surprising that such should have ever been the received theory, but then the hunting down of witches and the expounding of the doctrine of witchcraft were regarded as proper judicial functions only a century or two ago. The theory as to categorical reply was completely exploded, by the gentleman who propounded the question, "When are you going to stop beating your wife?" and demanded a categorical answer. If the lawyer attempts to tell you that you must answer “Yes” or “No” you have the right to say that the question is one which is not susceptible of a categorical answer. This should floor counsel for the moment. Mannerly behavior on the part of witnesses includes keeping one’s temper under almost all provocations. Cross examination for the purpose of testing your memory is not intended to be and should not be regarded as insulting. It should therefore not be resented. If the cross examination transcends-.all bounds and your pa tience is exhausted a sharp retort will not necessarily Injure your testimony with the jury. The jury sympathizes with the witness more than with the lawyer, and, while mere smartness for the sake of being smart or because of a too expansive personality is to be deplored, you will be sure of a sympathetic audience If you are in the right and counsel in the wrong.—lra Jewell Williams in Green Bag. Any woman can make a fool of a man by complimentlag him on the superior brand of wisdom he possesses.