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THE ART OF CROSS-EXAMINATION

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THE ART OF
CROSS-EXAMINATION
BY

FRANCIS L. WELLMAN
OF THE NEW YORK BAR

WITH THE CROSS-EXAMINATIONS OF IMPORTANT
WITNESSES IN SOME CELEBRATED CASES


New York
THE MACMILLAN COMPANY
LONDON: MACMILLAN & CO., LTD.
1904

All rights reserved

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Copyright, 1903,
By THE MACMILLAN COMPANY.

Set up, electrotyped, and published December, 1903. ReprintedJanuary, twice, February, 1904.

Norwood Press
J. S. Cushing & Co.—Berwick & Smith Co.
Norwood, Mass., U.S.A.

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To my Sons

RODERIC and ALLEN
WHO HAVE EXPRESSED THEIR INTENTION
TO ENTER THE LEGAL PROFESSION
THIS BOOK
IS AFFECTIONATELY DEDICATED

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"Cross-examination,—the rarest, the most useful, andthe most difficult to be acquired of all the accomplishmentsof the advocate.... It has always been deemed the suresttest of truth and a better security than the oath."—Cox.

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PREFACE

In offering this book to the legal profession I donot intend to arrogate to myself any superior knowledgeupon the subject, excepting in so far as it may havebeen gleaned from actual experience. Nor have Iattempted to treat the subject in any scientific, elaborate,or exhaustive way; but merely to make somesuggestions upon the art of cross-examination, whichhave been gathered as a result of twenty-five years'court practice, during which time I have examined andcross-examined about fifteen thousand witnesses, drawnfrom all classes of the community.

If what is here written affords anything of instructionto the younger members of my profession, or of interestor entertainment to the public, it will amply justify thetime taken from my summer vacation to put in readableform some points from my experience upon this mostdifficult subject.

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CONTENTS