Wrecking Crew Cross-Examination: Lincoln’s Most Famous Case

 

It’s all about the cross-examination wrecking crew. A prior post (Cross-Examination Wrecking Crew: Lack of Personal Knowledge) provided the My Cousin Vinny  demonstration of an impeachment by showing the witness lacked personal knowledge. Now this is another example of  that type of impeachment, and it took place in Abraham Lincoln’s most famous case. Bob Dekle, co-author of the best book on cross-examination—Cross-Examination  Handbook: Persuasion, Strategies and Techniques, wrote Abraham Lincoln’s Most Famous Case: The Almanac Trial. William Armstrong was charged with murder for having shot James Metzker on August 29, 1857. Lincoln represented Armstrong, and he cross-examined a witness named Charles Allen who testified on direct to having seen Armstrong shoot Metzker.

Director John Ford made a movie about this trial. 

 

Click here to Watch Lincoln in this movie clip cross-examine Allen in an effort to show Allen lacked personal knowledge of the shooting and thus his testimony was unreliable. Also, as you watch, think about the seven techniques that can be used in a cross-examination designed to impeach a witness:

1. Assess the witness and adjust your approach;

2. Lock the witness into the testimony before you impeach;

3. Close all the exits to prevent the witness from escaping;

4. Establish a motive for the witness to prevaricate;

5. Paint a picture for the jury;

6. Surprise the witness; and

7. Use visuals or tangible evidence if possible.

In particular, watch to see how Lincoln decides the witness is lying and adjusts the cross to fit the witness, locks the witness into his testimony, cuts off exits through which the witness might try to escape impeachment, surprises the witness with the Almanac, and uses a visual—the Almanac.

Ford took some liberties with what happened. However, the judge who presided over the trial later wrote this about the climax of the case: 

“The interest was now so intense that men leaned forward to catch the smallest syllable. Then the lawyer drew out a blue covered Almanac from his side pocket—opened it slowly—offered it into evidence—showed it ot the jury and the court—read from the page with careful deliberation that the moon on that night was unseen and only a rose at one in the morning.

“Following this climax Mr. Lincoln moved the arrest of the perjured witness as the real murderer, saying: ‘Nothing but a motive to clear himself would have induced him to swear away so falsely the life of one who never did him harm!’ With such determined emphasis did Lincoln present his showing that the court ordered Allen arrested in under the strain of excitement he broke down and confessed to being the one who fired the fatal shot himself, but denied it was intentional.”