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Courts and Criminals by Arthur Cheney Train
page 136 of 266 (51%)
cross-examiner. In his book he takes the opportunity to
advise his lawyer readers to "avoid the mistake, so common
among the inexperienced, of making much of trifling
discrepancies. It has been aptly said," he continues,
"that `juries have no respect for small triumphs over a
witness's self-possession or memory!' Allow the loquacious
witness to talk on; he will be sure to involve himself in
difficulties from which he can never extricate himself. Some
witnesses prove altogether too much; encourage them and lead
them by degrees into exaggerations that will conflict with the
common-sense of the jury."

Mr. Wellman is famous for following this precept himself and,
with one eye significantly cast upon the jury, is likely to
lead his witness a merry dance until the latter is finally
"bogged" in a quagmire of absurdities. Not long ago, shortly
after the publication of his book, the lawyer had occasion to
cross-examine a modest-looking young woman as to the speed of
an electric car. The witness seemed conscious that she was
about to undergo a severe ordeal, and Mr. Wellman, feeling
himself complete master of the situation, began in his most
winsome and deprecating manner:

"And how fast, Miss, would you say the car was going?"

"I really could not tell exactly, Mr. Wellman."

"Would you say that it was going at ten miles an hour?"

"Oh, fully that!"
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