A Treatise on American Advocacy; Based Upon the Standard English Treatise, Entitled Hints on Advocacy, by Richard Harris. All New Matter Added Being Such as Conforms Peculiarly to American Practice While the Best Features of the English

A Treatise on American Advocacy; Based Upon the Standard English Treatise, Entitled Hints on Advocacy, by Richard Harris. All New Matter Added Being Such as Conforms Peculiarly to American Practice While the Best Features of the English

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ... is idle to attack his credit through his character. Every young advocate thinks there is such an openinghere, and the temptation is doubtless great. But there is no need to attack when the fortress has surrendered. The man stands confessedly as bad as bad can be; and to carry him through all the scenes of his profligacy and crimes would be but gratuitous cruelty, and would have no effect with the jury except in creating some amount of sympathy on his behalf. They know well enough how to discount the evidence of so abandoned a man; but they know, too, (and that is the point to remember) that the most detestable villain is yet capable of telling the truth. A convict will sometimes defeat a cross-examining counsel to such an extent that he will arouse sympathy for himself and prejudice against the learned gentleman. It is the weakest remnant of a very old style of advocacy to ask the jury, "Would you believe such a villain, on his oath?" The answer is, Of course they would, as against another villain not upon his oath, and against whom he is circumstantially testifying, unless the advocate can break down his evidence; the latter will not do that by hammering away at his character. The jury may not like the man any more than does the advocate, but they may like the advocate's client less; and between two villains, the one in the witness-box and the other in the dock, as a rule, they will lean towards the former; he, at all events, is for the state--at present. It is when his motives lead him to the falsification of facts, and the falsification is apparent or h ighly jrobabley that the cross-examiner can dispose of this witness. Then will he be able to take character, motive, false or exaggerated statements, contradictions and probabilities...show more

Product details

  • Paperback | 92 pages
  • 189 x 246 x 5mm | 181g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236586360
  • 9781236586360