The Art of Cross-Examination
Encyclopedia
The Art of Cross-Examination is a book written by Francis L. Wellman. It was first published in 1903 by The Macmillan Company and had numerous reprints throughout the century.
. He dedicated the book to his two sons with their interest in entering the legal profession.
Wellmann compiled many examples of cross-examination techniques from colleagues and notable attorneys on celebrated cases. Notable references include persons such as Abraham Lincoln
, The Vanderbilts and others. Well known trial attorney's and their cross examination techniques are highlighted and interwoven with the stories of the day along with the prominent members of the legal profession many form New York City and also England.
It gives interesting facts on the participants and is colorful and gives incite in to various claims, disputes, marriage scandals etc. The New York Times contrasted it from boring legal texts, and recommended it to both trial lawyers and non lawyers for its entertainment value. It is filled with suspense regarding the outcomes of the compelling trials within the book. Equally suspensfull are the legal outcomes from the attempts of the attorney's to sway the juries with their wit and charm.
In chapter VIII Wellman reflects on the inconsistencies of statements during trials. Also the basis for developing strong cross examination skills to uncover truths. He states "No one can frequent our courts of justice for any length of time without finding himself aghast at the daily spectacle presented by seemingly honest and intelligent men and women who array themselves upon opposite sides of a case and testify under oath to what appear to be absolutely contradictory statements of fact. It will be my endeavor in what follows to deal with this subject from its psychological point of few and to trace some of the causes of these unconscious mistakes of witnesses, so far as it is possible. The inquiry is most germane to what has preceded, for unless the advocate comprehends something of the sources of the fallacies of testimony, it surely would become a hopeless task for him to try to illuminate them by his cross-examinations." "It has been aptly said that "Knowledge is only the impression of one's mind and not the fact itself, which may present itself to many minds in many different aspects"". "The unconscious sense impressions- sight, sound or touch- would be the same to every human mind; but once you awaken the mind to consciousness, then the original impression takes on all the color of motive, past experience, and character of the individual mind that receives it. The sensation by itself will always be the same. The variance arises when the sensation is interpreted by the individual and becomes a perception of his own mind".
The above thinking on the part of the writer indicates the challenging questions that would be posed to a witness questioning not merely their statement of facts, but motives, perceptions, misimpressions etc.
The Cross-examination of Mrs. Reginald Vanderbilt
by Herbert C. Smyth in the trial of Vanderbilt vs. Mrs. Harry Payne Whitney
- to recover child custody.
Leonard Kip Rhinelander
vs. Alice Jones Fhinelander - for annulment action against his wife spurred by racial prejudice.
Marie S. Livingston vs. Cecil Barret of Spencer Trask & Co. Cross examinatin by Lloyd Paul Stryker of the Barrets for non disclosure that Ms. Livingston a widow with five children place her stock in the hands of a broker met at a social gathering. She was unwittingly allowing the firm to sell her stocks to then invest in the a company owned by the firm. Though no damages were found, the plaintiff prevailed in having transactions reversed. The followed Wendt v. Fischer, 243 N. Y. 439, p 443 where Judge Cardozo is quoted as stating "If dual interests are to be served, the disclosure to be effective must lay bare the truth, without any ambiguity or reservation, in all its stark significance".
The cross-examination of Ada and Phoebe Brush by George W. Whiteside, in their suit against two prominent Huntington, Long Island physicians, to recover damages for their ten year incarceration in Kings Park State Hospital
as insane patients.
The cross-examination of Miss Martinez by the Hon. Joseph H. Choate for the defense, in the Breach of Promise case, Martinez v. Del Valle.
The cross-examination of Richard Pigott by Sir Charles Russell before the Parnell Commission
The Cross-examination by Henry W. Taft of Dr. Charles Dana, Dr. Frederick Peterson and Dr. Smith Ely Jelliffe, expert witnesses in the litigation over the will of Andrew F. Kennedy.
Author
Francis L. Wellman was a practicing attorney in New York State as well as an assistant district attorney in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
. He dedicated the book to his two sons with their interest in entering the legal profession.
Wellmann compiled many examples of cross-examination techniques from colleagues and notable attorneys on celebrated cases. Notable references include persons such as Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
, The Vanderbilts and others. Well known trial attorney's and their cross examination techniques are highlighted and interwoven with the stories of the day along with the prominent members of the legal profession many form New York City and also England.
It gives interesting facts on the participants and is colorful and gives incite in to various claims, disputes, marriage scandals etc. The New York Times contrasted it from boring legal texts, and recommended it to both trial lawyers and non lawyers for its entertainment value. It is filled with suspense regarding the outcomes of the compelling trials within the book. Equally suspensfull are the legal outcomes from the attempts of the attorney's to sway the juries with their wit and charm.
Cross-Examination Topics
Some of the key topics covered include the following:- Cross-Examination of the Perjured Witness
- Cross-Examination of Experts
- Silent Cross-Examination
- Methods of Famous Cross-Examiners
- Dangers That Confront a Cross-Examiner
- Falacies of Testimony
In chapter VIII Wellman reflects on the inconsistencies of statements during trials. Also the basis for developing strong cross examination skills to uncover truths. He states "No one can frequent our courts of justice for any length of time without finding himself aghast at the daily spectacle presented by seemingly honest and intelligent men and women who array themselves upon opposite sides of a case and testify under oath to what appear to be absolutely contradictory statements of fact. It will be my endeavor in what follows to deal with this subject from its psychological point of few and to trace some of the causes of these unconscious mistakes of witnesses, so far as it is possible. The inquiry is most germane to what has preceded, for unless the advocate comprehends something of the sources of the fallacies of testimony, it surely would become a hopeless task for him to try to illuminate them by his cross-examinations." "It has been aptly said that "Knowledge is only the impression of one's mind and not the fact itself, which may present itself to many minds in many different aspects"". "The unconscious sense impressions- sight, sound or touch- would be the same to every human mind; but once you awaken the mind to consciousness, then the original impression takes on all the color of motive, past experience, and character of the individual mind that receives it. The sensation by itself will always be the same. The variance arises when the sensation is interpreted by the individual and becomes a perception of his own mind".
The above thinking on the part of the writer indicates the challenging questions that would be posed to a witness questioning not merely their statement of facts, but motives, perceptions, misimpressions etc.
Trials
Some of the trials with cross-examination highlights in the book include the following:The Cross-examination of Mrs. Reginald Vanderbilt
Reginald Claypoole Vanderbilt
Reginald Claypoole Vanderbilt was a millionaire equestrian and the father of Gloria Vanderbilt. He was the founder and president of many equestrian organizations.-Biography:...
by Herbert C. Smyth in the trial of Vanderbilt vs. Mrs. Harry Payne Whitney
Harry Payne Whitney
Harry Payne Whitney was an American businessman, thoroughbred horsebreeder, and member of the prominent Whitney family.- Early years :...
- to recover child custody.
Leonard Kip Rhinelander
Kip Rhinelander
Leonard Kip Rhinelander was a New York socialite. His sensational 1925 divorce trial highlighted a contemporary racial issue, i.e. the vague legal definition of that time on who was to be considered "white" or "colored". Its circumstances also led to a new development in journalistic photography,...
vs. Alice Jones Fhinelander - for annulment action against his wife spurred by racial prejudice.
Marie S. Livingston vs. Cecil Barret of Spencer Trask & Co. Cross examinatin by Lloyd Paul Stryker of the Barrets for non disclosure that Ms. Livingston a widow with five children place her stock in the hands of a broker met at a social gathering. She was unwittingly allowing the firm to sell her stocks to then invest in the a company owned by the firm. Though no damages were found, the plaintiff prevailed in having transactions reversed. The followed Wendt v. Fischer, 243 N. Y. 439, p 443 where Judge Cardozo is quoted as stating "If dual interests are to be served, the disclosure to be effective must lay bare the truth, without any ambiguity or reservation, in all its stark significance".
The cross-examination of Ada and Phoebe Brush by George W. Whiteside, in their suit against two prominent Huntington, Long Island physicians, to recover damages for their ten year incarceration in Kings Park State Hospital
Kings Park Psychiatric Center
The Kings Park Psychiatric Center, known by Kings Park locals simply as 'The Psych Center', is a former state-run psychiatric hospital located in Kings Park, New York...
as insane patients.
The cross-examination of Miss Martinez by the Hon. Joseph H. Choate for the defense, in the Breach of Promise case, Martinez v. Del Valle.
The cross-examination of Richard Pigott by Sir Charles Russell before the Parnell Commission
The Cross-examination by Henry W. Taft of Dr. Charles Dana, Dr. Frederick Peterson and Dr. Smith Ely Jelliffe, expert witnesses in the litigation over the will of Andrew F. Kennedy.
Availability
Due to its age the copyright is expired. It is currently published for free and still recommended reading for trial lawyers. Commercial sites and google books publish it in its entirety. It is also being sold online over a century later.External links
- Free eBook (copyrights expired)
- "www.TheArtofCrossExamination.com" Download a free copy of The Art of Cross-Examination