ne or both or not at all. Any student of law
can fully explain the difference, but the distinction is immaterial
and irrelevant, and if the reader is in doubt let him ask any lawyer
friend to tell him in plain words, without insulting his common sense,
what the distinction between immaterial and irrelevant is.
The confusion of one young man found expression finally in the terms
"irreverent, impertinent, and--and--and--no--matter."
The lawyer, when he objects, usually attempts a few other suggestions
which may be considered by the judge, such as "the question is leading
and suggestive; grossly improper; calling for a conclusion; objected
to as argumentative or because of its ambiguity."
Whatever the trouble with objections may be, it is neither the fault
of the lawyer, the judge, nor the witness. When certain evidence is
not allowed by law it is proper that it be objected to. Unreasonable
and often comical as objections sound, the basis of their existence in
law is that the court wants the best possible proof.
Instead of a copy of a letter the judge and the jury ought to see the
original. Instead of the copy of a will the paper actually signed by
the testator is wanted. Suppose a question arises as to the payment of
a bill. The defendant says that he went into the store and paid it.
The best proof is to be given by someone who saw him pay it. A witness
to whom he came afterward and said that he had been down to the store
and had paid the bill is not so accurate a witness as the man who was
in the store and saw the money paid over. It is to keep out this
poorer proof that objections are made.
If the objection is good, the judge says "Objection sustained," or if
he thinks the evidence the best he allows it and says "Objection
overruled," then the witness may proceed and answer the question.
Unless the lawyer objecting states the ground or reasons for his
objection, the objection is not supposed to be valid for the other
side ought to be apprised of the reason so that he may supply the
proper proof, that is why the objection is named as irrelevant,
incompetent, and immaterial, so as to cover all possible grounds.
The reasons given for the objections: incompetent, irrelevant, and
immaterial might, so far as the average man is concerned, read
"incontepent," "irrevelant," and "immature." The words when repeated
together seem like that old legal term "incorporeal hereditaments."
They are imposing and add tone to the
|