Art Of Cross Examination
THE MANNER OF CROSS-EXAMINATION
It needs but the simple statement of the nature of cross*xamination to demonstrate its indispensable character in all
trials of questions of fact. No cause reaches the stage of
litigation unless there are two sides to it. If the witnesses on
one side deny or qualify the statements made by those on
the other, which side is telling the truth? Not necessarily
which side is offering perjured testimony, there is far less
intentional perjury in the courts than the inexperienced would
believe, but which side is honestly mistaken? for, on the other
hand, evidence itself is far less trustworthy than the public
usually realizes. The opinions of which side are warped by
prejudice or blinded by ignorance? Which side has had the
power or opportunity of correct observation? How shall we
tell, how make it apparent to a jury of disinterested men who
are to decide between the litigants? Obviously, by the
means of cross-examination.
It needs but the simple statement of the nature of cross*xamination to demonstrate its indispensable character in all
trials of questions of fact. No cause reaches the stage of
litigation unless there are two sides to it. If the witnesses on
one side deny or qualify the statements made by those on
the other, which side is telling the truth? Not necessarily
which side is offering perjured testimony, there is far less
intentional perjury in the courts than the inexperienced would
believe, but which side is honestly mistaken? for, on the other
hand, evidence itself is far less trustworthy than the public
usually realizes. The opinions of which side are warped by
prejudice or blinded by ignorance? Which side has had the
power or opportunity of correct observation? How shall we
tell, how make it apparent to a jury of disinterested men who
are to decide between the litigants? Obviously, by the
means of cross-examination.
