Leading questions are
necessary in nearly every case. The reason that they are objectionable
and ruled out is, that the judge and the jury ought to hear not the
lawyer's narrative of the facts, but what the witness actually
remembers.
A witness on the stand appears at his worst. If any one from real life
were suddenly thrust unprepared and unlearned in theatrical art upon a
stage the incongruity of the situation would be appalling. Yet the
witness is thrown into new and strange surroundings. It is a portion
of the reality of life shown vividly against a conventionalized
background. The judge and jury in a vague manner understand this. The
lawyer producing the witness feels this and elicits the testimony in a
soothing manner.
The objects of cross-examination are as follows. The first is to prove
that the story of the witness is not true, and the other is to bring
out something new. The opposing counsel often forgets the purpose of
his cross-examination and by attempting to bully and frighten the
witness, usually either by sarcasm or a doubting manner, accomplishes
very little. Not one cross-examination out of five hundred amounts to
anything. The judge has heard many and he has little hope of their
being of much interest.
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