because they have had so
much experience on similar facts they are allowed to say what they
think of facts produced by eye witnesses before the court. As
conclusions and opinions may be various, there is at times a great
variety in experts, and because the very name of experts implies
technicality, there is a feeling in the minds of the jury and the
public, that the testimony of experts will befog by a mass of
non-understandable terms.
The doctor who testified in a case in which the plaintiff suffered a
sore back and had seventy-five dollars damages from the jury is an
example. He said:
"The plaintiff was suffering from traumatic sacro-illiac disease,
traumatic sinovitis of the knee and wrist and from traumatic myositis
of the muscles of the back."
In reality the testimony of expert witnesses is very good evidence. If
it is given in plain and understandable English and the jury think the
expert a clean-cut, sensible man, it is just what the jury want to
learn. An expert's method of reasoning about the facts in evidence is
the same as that employed by the jury in the jury-room. It is merely
an opinion; for on the opinion of the jury, based on the evidence
depends their verdict.
While the witnesses are being examined, called to the stand, sworn,
being excused, and being cross-examined, there occur numberless
incidents of the trial known as the objections, exceptions, and
motions.
XI
THOSE TECHNICAL OBJECTIONS
These are the stage tricks and little incidents that give variety to
the performance. No drama would be complete without a few diversions.
So far as the drama itself goes, they are of no great importance
except to give pungency and interest to the action.
The lawyer asks an apparently good question. "I object," says the
other lawyer, "on the ground that it is incompetent, irrelevant, and
immaterial." The judge has to rule. He may not exactly have heard the
question. The stenographer reads it again. The other lawyer leans
forward in a frenzy of fear lest the question be ruled out. He begins
to argue.
"The question is perfectly proper; the witness ought to be permitted
to answer it." "No," says the other lawyer, "it is improper in form,
calls for a conclusion, and should not be allowed." The judge looks
puzzled. "Read that again," he says. The question is, "What kind of a
cow was it you saw in the plaintiff's garden?" "I still object," says
the lawyer. "The witness has not been shown to
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