Summary

Francis L. Wellman The Art of Cross-Examination — Chapter 15 (1903)

Sage. "Yes, sir."
Mr. Choate. "You knew at that time, did you not, that Laidlaw and Norcross were in the room? Why did you not tell them to step into your private room?"
Mr. Sage. "I will tell you very frankly it would have been almost certain death to six or seven men. There were three other men in that room with only board partitions between. It would have infuriated the stranger, and would have made him disregard me and drop the bag."
Mr. Choate. "Did you think of the danger that Laidlaw and Norcross were in?"
Mr. Sage. "No more than the other clerks. We were all alike."
Mr. Choate.
Source: Wikisource

Francis L. Wellman The Art of Cross-Examination — Chapter 15 (1903)

Justice Ingraham the jury rendered a verdict in favor of Mr. Laidlaw of $40,000, which judgment was sustained by the General Term of the Supreme Court, but subsequently reversed by the Court of Appeals.
Exception on this appeal was taken especially to the method used in the cross-examination of Mr. Sage by Mr. Choate. Thus the cross-examination is interesting, as an instance of what the New York Court of Appeals has decided to be an abuse of cross-examination into which, through their zeal, even eminent counsel are sometimes led, and to which I have referred in a previous chapter.
Source: Wikisource

Francis L. Wellman The Art of Cross-Examination — Chapter 15 (1903)

Mr. Choate. "No matter what this jury says?"
Mr. Sage. "I have great respect for them that they will decide the case rightly. I want to know if a man can come into my office, and because a tramp drops in there and an accident happens, and an injury done, I am responsible for that?"
Mr. Choate. "These harangues of yours take a great deal of time. I ask you whether or not you knew that Laidlaw at the time of this accident had been very badly hurt?"
Mr. Sage. "Yes, sir; I knew he had been."
Mr. Choate. "Do not you know he was laid up in the hospital helpless?"
Mr. Sage. "I understand he was.
Source: Wikisource

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