The Art of Cross-Examination

Mr. Choate. "Are they large railroads or horse railroads?"

Mr. Sage. "Well, one of them is a large one."

Mr. Choate. "You help run several banks, do you not?"

Mr. Sage. "I am not running any banks, only a director."

Mr. Choate. "Are you a director in two banks?"

Mr. Sage. "Yes, sir."

Mr. Choate. "And trust companies?"

Mr. Sage. "Yes, sir."

Mr. Choate. "In the Manhattan Elevated R. R.?"

Mr. Sage. "Yes, sir."

Mr. Choate. "In the Western Union?"

Mr. Sage. "Yes, sir."

Mr. Choate. "In the Missouri Pacific?"

Mr. Sage. "Yes, sir."

Mr. Choate. "In the Union Pacific?"

Mr. Sage. "Yes, sir."

Mr. Choate. "This stock ticker that stood by the desk in the adjoining room, did you keep run of it yourself?"

Mr. Sage. "Yes, sir."

Mr. Choate. "You take care of your own estate besides, do you not?"

Mr. Sage. "Yes, sir."

Mr. Choate. "That took a good deal of time?"

Mr. Sage. "It took some time."

Mr. Choate. "How much time did that occupy?"

Mr. Sage. "I have my assistants, my clerks, the same as you have in your office."

Mr. Choate. "You loan money, you manage these railroads, banks, trust companies, and the other affairs that you have mentioned. Did you not have dealings in stocks?"

Mr. Sage. "Oh, I buy and sell securities occasionally."

Mr. Choate. "Do you not deal in puts and calls and straddles?"

Mr. Sage. "I have in years gone by."

Mr. Choate. "These affairs take your whole time, do they not?"

Mr. Sage. "No, sir; I have leisure. I do not devote all my time to business."

Mr. Choate. "I think that is all."

1

In the Borough of Manhattan at the present time thirty-three per cent of the cases tried are appealed, and forty-two per cent of the cases appealed are reversed and sent back for re-trial as shown by the court statistics.

2

"Life Sketches of Eminent Lawyers," G. J. Clark, Esq.

3

"Memories of Rufus Choate," Neilson.

4

"Memories of Rufus Choate," Neilson.

5

"Life of Lord Russell," O'Brien.

6

"Reminiscences of Rufus Choate," Parker.

7

This occurrence was at the time when the actress Anna Held was singing her popular stage song, "Won't you come and play with me."

8

"Curiosities of Law and Lawyers."

9

"Hints on Advocacy," Harris.

10

As a matter of fact, father and daughter wrote very much alike, and with surprising similarity to Mr. Ellison. It was this circumstance that led to the use of the three letters in the cross-examination.

11

In Chapter XI (infra) is given in detail the cross-examination of the witness Pigott by Sir Charles Russell, which affords a most striking example of the most effective use that can be made of an incriminating letter.

12

"Curiosities of Law and Lawyers."

13

"Extraordinary Cases," H. L. Clinton.

14

"Irish Law Times," 1874.

15

Sir James Stephen's Evidence Act.

16

"Life of Lord Russell," Barry O'Brien.

17

"Reminiscences of Rufus Choate," Parker.

18

"Life Sketches of Eminent Lawyers," Gilbert J. Clark.

19

"Curiosities of Law and Lawyers."

20

"Life Sketches of Eminent Lawyers," Clark.

21

"Reminiscences of Rufus Choate," Parker.

22

Extracts from the daily press accounts of the proceedings of one of the thirty days of the trial, as reported in "Modern Jury Trials," Donovan.

23

"Extraordinary Cases," Henry Lauran Clinton.

24

"Life Sketches of Eminent Lawyers," Gilbert J. Clark.

25

The reports of six thousand cases of morphine poisoning had been examined by the prosecution in this case before trial, and among them the case reported by Professor Taylor.