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The Seaforth News, 1938-07-28, Page 7THURSDAY„ JULY 28, 1938 THE SEAFORTH NEWS, PAGE SEVEN 0 1 I 1 ■ P11 pIicat Monthly Statements We can save you money on Bill and Charge Forms, standard sizes to ti: ledgers, white or colors. It will 'pay. you to see our samples Also best quality Metal Hinged Se:- tional Post Binders and Index. The Seaforth New, Phone 84 1 1 I I 1 1 1 11 WITNESS If you have never appeared in court as a witness, the chances are you will be called, according to the law of av- ,erages. And if you don't know how to conduct yourself you may he in for a stormy session. Yet you have only to know the standard plan of a sly cross- examiner's 'pettifoggery to avoid his traps, and you. have only to learn a few simple tricks to gain the confid- ence of the jury and baffle the cross- * examiner. You may have to undergo such mental torture as carte to my friend Jones, who was called by a traction company to testify in a fake damage suit filed by one of his former em- ployes. In direct examination Jones, who is the soul of honor, told the ex- act truth. But the cross-examiner rushed into battle, :pretending to 'be outraged by such 'falsehoods. He roar- ed, 'To 'whom have you talked about this .case and Who told you to testify 'as.you have done?" That's a favorite trick question. It catches witnesses every day. The cor- rect answer is, "I have talked with a good many person about the case, but no one has told the how to testify— except to tell the 'truth." But Jones went off the deep end. "No one," he said, meaning no one had told him how to testify" The trac- tion attorney objected to the form of the question. The cross-examiner said, "Very •well, then," as if he had gained a victory, and frowned at Jones. "Then you have talked about your testimony?" Door Jones, now utterly confused and thinking that it was insinuated that his testimony had been dictated by the traction company, blurted, ',Not" "Then," said the cross-examiner in triumph, "If you have not talked with Mr. Blank here about your testimony, why did he call you as a witness?" Jones was sunk. "I didn't mean—I guess I did talk—but—" 'You have answered the question," said the cross-examiner severely; and turned toward the jury with.,the air: "See? He's a born perjurer." He 'then fired questions :insinuating all manner of things against 'Jones' character and morals. Jones, of course, denied them ail, but the jury did not believe him, The watnan got $51000 for her faked injuries, Jones was one of the worst witness- es I ever saw 'and 3 had expected him to be one of the best. In the strange atmosphere of the courtroom he had stage fright and his mind just stopped working. The traction attorney should 'have rehearsed him in the questions the orass-examiner might ask, and warned him what was coming. For rare indeed is the man who knows ho'w to be a good witness. Although not all honest witnesses are ill-treated, mast lawyers do take the point of view: "I•t is my duty to my ,clientto,•nse every permitted de- vice in my efforts to win." And most judges 'let cross-examiners run wild. There' are few laws that specifically define the rights of witnesses or pena- lize cross-examiners for dirty work. Judges observe: "Higher courts never reverse you because you have permit- ted improper cross-examination." That isn't literally true, but true enough usually to cause the judges to keep hands off. Lawyers proceed on the theory that because a man's mind goes goofy at the scene of a murder 'or in any shock- ing situation, he is just as likely to be wrong about any other testimony. The witness is a liar until, under ,Fre, he proves he is telling the truth. And the witness is supposed to sit humbly and take punishment, which, I believe, is all wrong. 1f a lawyer can't undermine your testimony, he may try to undermine your character. Brut if youkeep your head, he may fail. In one damage suit, a cross-examiner plotted to credit the testimony of an actress by proving that she had often lied about her age. Not wanting her real age to get into the newspapers, she did a lit- tle quick thinking. "How old are you?" the cross-exa- miner asked. ""I don't know," she replied. "I've never had a birth certificate, or look- ed up my birth record." "But surely your 'parents told you how old you were?" "That," said she, "is hearsay evi- dence and I am sure you would not ask that it be admitted." The •judge grinned and upheld her. The best witness I ever saw was a door-to-door seller of vacuum clean- ers, who common sense guided hint fearlessly through the law's red tape. In direct examination he told how he had been driving at .30 miles an hour, how a car coming toward hint had shat over to the wrong side of the road and hit him, injuring him and his wife. The defense contended that the salesman was a reckless driver, that he had been going '510 on the THAT 'MEAN S A' B IG l S,AVING1N1 MONEY P FOR -VOL': - I What could be more complete than a combina- tion offer that gives you a choice of your favourite magazines—Sends you your local newspaper— and gives yourself and family enjoyment and entertainment throughout the whole year— Why not take advantage of this remarkable offer that means a real saving in money to you? This Offer Fully Guaranteed— All Renewals Will Be Extended MAIL THIS COUPON TODAY Please clip list of Magazines after checking Publications desired. Pili out coupon carefully. Gentlemen: I enclose $..., .... , .........Please send me the three magazines checked with a year's subscription to your newspaper. NAME STREET OR R.R TOWN AND PROVINCE SELECT ANY THREE. OF THESE MAGAZINES ❑ Maclean's (24 Issues) 1 yr. ❑ Chatelaine 1 yr. ❑ National Home Monthly 1 yr. ❑ Canadian Magazine - 1 yr. ❑ Rod and Gun • - - 1 yr. ❑ Pictorial Review Combined With Delineator - • 1 yr. ❑ American Boy - - - 8 ma. D Can. Horticulture and Home Magazine - • 1 yr. ❑ Parents' Magazine - 6 mo. ❑ Silver Screen - - • • 1 yr. ❑ Open Road for Boys - 16 mo. ❑ American Fruit Grower 1 yr, TO,OEr ER W/TH /Hi( A'E.WSPAM' ALL' FOR` •' TifIS low PRICE RESIGNS Hon.-l,Earl Rawe, who has re- signed as leader of the Ontario Conservative Party. A new leader will be selected at a convention to be held soon. - A common practice is to try to force you to answer a question "Yes" or ",No," CO prevent you front quali- fying your answer. A cross-examiner demanded of a young doctor, "Have you ever treated another case exactly like this?" The doctor had treated many simi- lar cases but none exactly like it. He began to explain. 'Answer 'yes or 'no;" commanded the lawyer. "I can't very well—" began the doctor. "'Y'ou pretend to be an expert and yet you cannot tell the 'jury whether you ever treated a case of this kind. You're supposed to be intelligent, aren't you? You heard the question, didn't you? Answer 'yes' or "no's" "Must I answer `yes' or 'no'?" "You must!" "Why?" "Well—er— "You heard my question, didn't you?" the witness retorted. "You're supposed to be intelligent. Tell the jury the law that forces me to answer 'yes' or 'no'." "''Fell, that's a rule that—" The witness turned to the judge. "Is there any such ride. Your Honor?" "I never heard of it," the judge smiled, and the- doctor proceeded to answer the question in his own way. The cross-examiner may ask accu- singly; "When you were called in this case, isn't it true that you said to someone, 'I really don't remember much about it'? And yet today you tell your story in detail. How do you explain that?" - He's fishing. Perhaps you did say something of the sort, but you have since refreshed your recollection, look- ed up records, revisted the scene. etc. All this is perfectly proper—in fact, it is about. the only way in which wit- nesses can recall details and make sure they are 'telling, the .truth. It is legitimate to go over the case in de- tail with the lawyer who called you. Tell .him everything. He will, through objection. give you as much protec- tion in cross-examination as the judge will allow. Moreover, the witness who is being abused may respectfully com- plain to the judge, and usually it helps. If you don't entirely understand a question, ask the court stenographer to repeat it. The cross-examiner may intentionally mumble words to stake you think he's saying one thing while another goes into the rocord. A prominent lawyer sent me to the best witness he ever had, a man who has testified as an expert in more than 200 cases. "A good witness," this ex- pert told ane, "must be in the right frame of mind. Too often he is afraid of the cross-examiner and thinks de- fensively, He should remember that the cross-examiner is also afraid of what may happen. "The witness must always be earn- est and sometimes even stubborn in his efforts to tell the truth. He should- n't have a chip on his shoulder, but he should not attempt to conceal just resentment when the examiner stakes unfair accusations. He should take his time about answering and never let a rapid tire of questions excite hili into unconsidered answers. He should he nn the lookout for the examiner who slyly says, 'Now. Mr, Smith, you have testified that so-and-so occurred therefore let me ask you, etc.' It is likely that the witness did not testify exactly as the crossexaminer quote., and is being led into a contradiction. Don't let the cross-examiner misquote you. "i have a method :hat seems to im- press juries favorably. When a cros- axaminer has caught me in an unin- tentional contraduction or has twisted my testimony, I say with real con- cent, 'Mr: Blank, I'm afraid I haven't made my self clear. You seem to have misunderstood. The 'facts are these—". if I recite the facts I'te registered them again with the jury. If the law- yer stops me, the jury thinks Ire's afraid to hear the facts." - I asked him, -What about confess- ing incidents in your past life that might prejudice the jury against you?" "Nothing will hurt' you it you tell it frankly. I once • heard a witness wino had 'been arrested for speeding; confess it so reluctantly that the jury turned against hint instantly while a man who had served 30 years for manslaughter said so, and so frankly' that the jurors would have voted -for hint for president" "Always address the cross-exam- iner -exam- iner by name and say; 'Yes, sir' and 'No, sir'. The jury !ikes a polite wit- ness. The whole triok in testifying is to make the jury feel kindly toward wrong side of the road. The cross-ex- aminer set out to make the jury be- lieve that the salesman was a rascal who forced his way into homes and tricked housewives into signing con- tracts. The salesman courteously de- nied all, and suggested that the attar- ney consult the wives of his law part - tiers, to whom he had sold machines. Somewhat flustered, the cross-exam- iner continued, "Isn't it true that you have been arrested for speeding?" Yes, sir. Two weeks before the ac- cident." "Hate many other times 'rave you been arrested?" 'Once, for crossing the white line." The salesman confessed that he had been going faster than 30 just before the accident, and that he might pre- viously have crossed the white line. The cross-examiner thought he had the witness where he wanted hint, ",Now," he thundered, "tell the jury if you can how it happened that though you had been speeding and crossing white lines up to the mom- ent you struck the defendant's car, you were obeying the law at that par- tioular moment," "Well," the salesman grinned, "My wife happened to look back, and she yelled `There's a cop behind you! For heaven's sake, Stupid, don't get an- other ticket!' and I slowed down and got 'way over on the right, and about half a minute later that car swung out of line and hit Inc." When the spectators stopped laughing, he add- ed, "And it.cost me more than $3000." The reply carried conviction, and he von his suit. There are only two methods of cross-examination. One is the brow- beating style shown in this case and in 'the first story about Jones. The other is the crafty approach, which most lawyers prefer to employ. They assure the witness that they are friendly, that this cross-examination is only a confidential chat, of little im- portance. The first thing the witness knows he is relaxed and disarmed, and led into saying something he• doesn't mean. Then fangs are bared and the wolf leaps in for the kill. The cross-examiner facing you is out to discredit you, and don't forget that, no matter how friendly he ap- pears. Beware, if he seems to think you are a very wise and important person" Gradually he trill lead you to tell how good you are. You may stretch a little your glorious perfornm- ances, you may glow as he pictures you as a nolble character. Don't let him. 'Be modest. For he's all ready with the cold !brutal facts.. To test your credibility you may be asked "How many times have you been in jail?" When you answer "None," you're in a tight place if you were once arrested for speeding and Mocked up until bail arrived—even if you were later acquitted. You may be asked whether you have ever told a de, to tell why you were discharged from a jab, whether you have been di- vorced and, if so, why, and whether you're often :drum'k. Adiinit- everything that is true, nothing that is false. Take it for. granted that the cross-ex- aminer knows all that you'd like to conceal He may ask if you are known by another name than "John Jones," and when you answer '9No," he may sneer, "Isn't - it true that you are known as `Snakey' Jones?" Now, you were known as ""Snakey" 'Jones in col- lege and it was an honorable nick- name, given you 'because you were hard to stop on a football field. You will admit to "Snakey," and through- out the remainder of the examina- tion the lawyer will smirk, "Now istr. Snakey Jones, will you please tell the jury why," etc. The counter for that IS to confess with a laugh and to in- .sist upon explaining, modestly, how you got time name. Even viten you are truthful—deny- ing, for example, that you have 'been Sued for nonpayment of • bills—the , ass -examiner is likely to imply to i •i•. th t he. has definite proof b' D. He McInnes :chiropractor Office — Commercial Hotel Hours—Moat. and Thurs. after Electro Therapist — Massage aeons and 'by appointment FOOT CORRECTION by manipulation—Sun-ray treat- ment Phone 227. PLUCKY LEADERS FOUNDED HURON'S "DEVON" COLONY t(By W. H. Johnston in the London Free Press.) For some months I have been try- ing to secure a picture of the early settlement of the wonderfully.irosper- nus Devon settlement in South Hur- on, that has been nicknamed Devon- shire for probably $0 years, abut now through the courtesy ,of my •old friend and fellow teacher, G. W. Holman, I have secured the material for a com- prehensive and authentic story of its younger days. The first settlers on both sides of the London Road, about three miles south of Exeter were Richard Hand- ford, Louis Holman, - and Messrs. Camm. B'alkwe'll and Thos, Bissett. VVitit energy these farmers set to work to fust 'build a log shanty and then clear the land. It was hard sled- ding for a few years but their many letters back to England 'brought scores of new settlers and they were encouraged to continue, So many carte from the home county, Devon- shire, that the whole district, includ- ing Exeter and for a few miles south of Centralia in Stephen. Township, and east to Kirkton in Usborne, was set- tled by imnmignants from good old Devonshire. Louis Holman married Jane Bailey, who had came out on the same sail- ing ship with 'him and although it took d!3 weeks to reach Canada he did nut become acquainted with her until years afterwards. She presented him with 1.3 strong healthy ohildren of whom G. W. Holman, of Goderich,• was the youngest. In the five families living on .adjacent farms there were 50 children. Is it any wonder that the log school houses were 'filled to the last seat? Of .the five pioneer families Richard Handford appears to have been the first immigrant. In Devonshire lie■had been apprenticed to a farmer as a boy until he was :21 Having heard of 'Ca- nada with its vast areas of unoccupied land he determined to emigrate in spite of the Strenuous opposition of: his parents who urged that in England he would have enough to eat but in Canada he might starve. Their 'plead- ings were in vain. His people claim that ire was the first to leave Devonshire over 105 years ago to settle in South Huron and that 'his letters 'home were a great incentive to others to follow hint. Incr two years the lived in Peel County and then he and his chum, William tvtt- tenhury. cause west. The 'latter re- mained in Clinton and Handford came south on the London road and bought 300 acres in Stephen Township, 3 miles south of the present village of Exeter. A fine estate Inc the English lad of three years before. However. all the ;glary does ,t t rest with hint. Of the other four men mentioned, Thomas Bissett was ac- companied' by his wife and fancily. After the tempastuaus voyage in a sailing vessel, lasting 13 weeks, partly because the captain lot his 'bearings along the rugged coast of Newfound- land, one would think his children would cling tenaciously to their par- ents' coat tails. Bat not so in the case of -year-old Dorothy Bissett. (When the family reached Toronto she decided to remain 'Behind and worked for one year there. Then wish- ing to rejoin her people she walked to 'Egmondviile and across through Tuckersmith to her father's lhotne south of Exeter). This, at dt5 years of age, through the deep dark forests. 'unbroken 'hut for those narrow roads, deserves the praise sof a Longfellow to place before the world: It was a 'dis- stance of 7150 utiles. Three years aftew,ards she Became the wife of Richard Handford. Their it union was !blessed by the !birth t, children of whom not more than two survived. Their son, Dante., dies' last November in ibis house in 'Exeter in his 99th year. Such was the 'beginning of the De- von district in South Huron. Sion other settles • came ,pouring into the district and an area six miles- wide from north to south in the Towns!ti',s of Stephen and 1ishorne acre people.' from one English .county, Devon- shire. Almost `101) per cent, of them avers obsessed with the aim of becoming independent landowners. you. "Your job is to make the jury real- ize that you're 'teiliu_g the truth, atari the only way to do that is to tell it humbly, honestly, never exaggerating. never hesitating about saying 'I don't know' when you don't 'know." Jock, the h.atberdaehet s buy, was corning ftp the stairs with Isis 'arms fall nI packages. - - "Boy," said the mistress a house, "arc your feet clean?" Yes, ma'am," he answered_ arta asp, "it's only ese bunt. r'•.t• the "You've 'been watching me for three hours. Why don't crit try fishing i-ourtiel,f?" Onlooker: I lituer't •