t.- THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES INSTRUCrOR IN DALLAS mA^ Practical Court Reporting H. W. THORNE, (Member of the Fulton County (N.Y.) Bar, and Official Court Stenographer). CIN'CINNATI: TIIR PlIOXOGRAPIirC INSTITUTE CO. Entered, according to Act of Congress, in the year 1892, by H. W. THORNE, In the Office of the Librarian of Congress, at vVashington. » . • • C » ft « < ( * * «• « « t C i C • « te • « • « 4 « -• « .*- C «~ C t I ^ c t « • « * e ^ « « «■■*«,•.»«•. ■■«■ I afcc * 4 » * • ^/ * * * • . ^ » / '^ « - ' • • < ^ * - * • " / "^ • * * 56 "If there's a hole in a your coats, '^ I rede ye tent it; "A chieVs amang ye taking notes, •'And, faith, he'll prent 2V."— BuRNS. "A little nonsense, now and then, "Is relished by the wisest w^«."— ANONYMOUS. M PREFACE. The following pages are the offspring of a desire to instruct the would-be court reporter in the appli- cation of stenography to the recording of judicial proceedings, and to assist him to surmount the many obstacles which beset his path ; to place before the ^ trial lawyer the difficult nature of the labors of the *^ court stenographer, and to paint for the law student •55 a true picture of the life of the court-room : to the S| end, that the mere stenographer may, if he choose, "^ become a competent court reporter; that the trial lawyer may discover how to obtain the best work P from the latter, and that the law student may learn » the various steps in the trial of cases as they are, in ^ fact, taken. The book is intended, primarily, for the stenogra- pher ; incidentally, for trial lawyers and law students. y My object has been to present to the stenographer ^ every important phase of court reporting, to show and explain the methods generally used in doing it, and to describe the nature and meaning of the vari- ous features of a trial. I have not assumed to instruct respecting subjects of which 1 do not have personal knowledge. On the 449555 e 6 Preface. contrary, I have confined myself to matters which have come within the range of my experience. In the treatment of the subject-matter, lucidity and terseness have been made paramount to mere hterary excellence. H. W. THORNE. Johnstown, N. Y., February, 1892. CONTENTS. CHAPTER I. •■AGE. Introductory. - . . • 9 CHAPTER H. Qualifications of court stenographer iS CHAPTER HI. A DAY IN COURT 29 CHAPTER IV. A DAY IN COURT (continued) 38 CHAPTER V. A DAY IN COURT (continued) 56 CHAPTER VI. A DAY IN COURT (concluded) 96 CHAPTER VII. A MIXTURE 133 CHAPTER VIII. Reading and transcribing notes 149 CHAPTER IX Stenographer LAW 178 CHAPTER X. Words, definitions and forms 206 Practical Court Reporting. CHAPTER I. I N T R O D U C T CJ R ^' . The use of stenography, as applied to the record- ing of proceedings of judicial tribunals, is, without exception, the most difficult and exacting of the multifarious adaptations of the art to the practical affairs of life. There are judges and lawyers who deprecate its use for this purpose. These belong to a class of old practitioners who, having become wedded to the slow and tedious process of longhand report- ing, look with jealousy upon any innovation in methods of technical practice. The court reporter soon learns that the members of the legal profession are an extremely conservative body of persons, slow to adopt new forms or change established procedure. It is, however, a fact, that, since the adoption of stenography, the volume of testimony taken upon judicial investigations has materially increased, and, instead of trials being shortened, the time occupied has been extended. While this may be, and in the opinion of the author is, the indirect result of the in- troduction of the stenographer into our courts, and lo Practical Court Reporthig. by some is cited with some show of reason, that the old method of reporting should be restored, yet it may be said upon the other side of the question, in the language of the forum, that cases are tried "closer" than heretofore, and that the lawyer upon the cross-examination of a witness has a wider lati- tude and better opportunity to get out the truth, and hence justice will oftener be meted out under the pre- vailing system of reporting than by the former. One of the bug-bears of the legal profession has been practically swept out of existence by the tran- script of the stenographic reporter. Before his ad- vent, the report of the charge of the court to the jury rested in the rough memoranda of the court, and in the sparse notes kept by counsel. Just what was said to the jury was a matter of conjecture. On appeal it was impossible to know what language the court used in charging the jury. The charge of the court to the jury, the requests of the respective counsel to charge the jury and the exceptions taken by the counsel to the charge are the most important and critical parts of a lawsuit. Probably more cases taken upon appeal to appellate tribunals are reversed because of errors in charging or refusals to charge the jury than for any other reason. But, in order that the party, who complains of such errors, shall have redress on ap- peal, he should have taken " exception " to the charge as made, or to the refusal of the court to charge as requested. And, furthermore, the printed case on appeal must show that such exception was taken. But what this "case" should contain, the presiding judge was sole arbiter. It rested absolutely within Introductory. 1 1 his discretion to " allow " or " disallow " any propo- sition made by counsel when the case was "settled," as it is technically called. It is not infrequent to hear lawyers heap maledictions upon the memory of some departed jurist, who, for personal, political, or other reasons, refused to allow an exception to be printed in the case, which, if printed and brought to the attention of the appellate court, might have brought about a reversal of the judgment. Rut this evil is now practically a thing of the past. The transcript of a competent stenographer is now relied upon for a correct statement of what occurred, and such confidence is reposed in it by the bench and bar, that in the case of Nelson against N. Y. C. & H. R. R. R. (i Law Bulletin, page 15,) decided in 1878, it was held that, where in the settlement of a case there is a dispute as to words, the stenographer's minutes must control. Courts, for the conven-ience of this work, may be classified into courts of record, and those not of record. In general, it may be said that courts not of record comprise justice's courts and police courts. The former, except where limited by statute, have civil and criminal jurisdiction, while the latter are limited to criminal jurisdiction. Except in the large cities, these courts in the State of New York, are not provided with stenographers. All other courts (ref- erence not being had to ecclesiastical and military tribunals) are courts of record, and provision is made for the appointment of official stenographers. The average court reporter will, in the course of a dozen years' experience, be called upon, undoubt- 12 Practical Court Reporting. edly, to exercise his skill in ail these courts, and the subject-matter of the inquiries that he will be called upon to chronicle, will be almost as diversified as the leaves upon the trees ; and yet, as respects mere matters of form in his work, but slight deviation will be necessary. Inasmuch as the Code of Civil Procedure of the State of New York has been practically adopted by almost all of what are known as the " Code " States, which Code provides among other matters, for the organization of the courts of record of that State, de- fines their powers and jurisdiction, and prescribes rules of practice to be observed in respect to the trial and final determination of causes tried in those courts, the author believes it to be advisable to pre- sent to the reader in this chapter, in a concise form, some features of the judicial system of the Empire State, which are of special interest and value to the court reporter. What follows relates entirely to courts of record. THE SUPREME COURT. Territorial jurisdiction of the Supreme Court is co- extensive with the boundaries of the State. It has civil and criminal jurisdiction, that branch of the court exercising civil jurisdiction being known as the special term and circuit, and the other branch being the oyer and terminer, exercising criminal jurisdic- tion. It is divided into special and circuit terms, and the General Term. The State is divided into judicial districts of which there are eight ; and in each of the counties of these districts, special and circuit • Introductory. 1 3 terms of this court arc licld iit such times as the jus- tices of the court appoint. Special and circuit terms, and the oyer and terminer, for tlie trial of issues of fact and of law, are held at the county seat of the county, presided over by a justice of the court, at which panels of grand and petit jurors are in attend- ance There is no difference in the constitution of the oyer and terminer and the circuit. A few years ago the law provided for the election of lay justices of session, who sat in the oyer and terminer with the presiding judge of the court, and who were pre- sumed to assist him in the decision of questions that came before the court. But, while this presumption was indulged in, as a matter of fact, they simply ac- quiesced in whatever decision the presiding judge . announced. Because of this, the appellation of " block justices " was given to them. It is said, how- ever, that a presiding judge was once overcome with astonishment by the unprecedented audacity of his usually silent colleagues on the bench in overruling his decision. At a stated time, usually fourteen days, preceding the day appointed for the holding of a circuit term, attorneys who have causes which they desire to have tried at that term, are required to file with the clerk of the court, a " note of issue." This paper contains the title of the court and the county in which the cause is pending, the title of the cause, names of the plaintiff and defendant, the date of "issue," that is, the date upon which the "answer" or "reply" was served ; the " issue " whether one of " fact, triable by jury," or whether " of law ; " the names of the re- 14 Practical Court Reporting. • spective counsel for the plaintiff and defendant, with a direction appended to the clerk of the court, that the cause be placed upon the calendar for trial at the ensuing term. The clerk then makes up from these notes of issue a calendar, placing thereon the causes, numbered consecutively, in the order of the date of the issue. In some counties, the rule has obtained of classi- fying the causes with reference to "jury" or " equity" cases. The latter being triable before the court, without a jury, and usually tried after the jury cases. The calendar contains besides the matters above specified, the names of the members of the court holding the term, the ofificers of the court (that of the stenographer, in conformity to the custom of treating him as a nonenity, being omitted) and the names of the grand and petit jurors. The calendar will usually furnish the reporter the necessary data to make the preliminary entries in his notes respect- ing the case. It frequently occurs that " counsel," whose name does not appear upon the calendar, or in the papers in the cause, assists in the trial. This, if unknown, can be easily obtained and entered in the appropriate place in the notes. Except in coun- ties where a great many criminal cases arc tried, no printed calendar of such cases is prepared. Special Terms are held usually by each of the jus- tices within the judicial district at their offices, or at what is technically known as " chambers." A stenog- rapher's presence is seldom required at these terms, as the business transacted consists principally of the argument of motions, motions without argument, " settlement " of cases and bills of exceptions in IntroJuctorx. 1$ causes on appeal. Sometimes, however, cases are tried at special term before the justice without a jury, and such a term may last for weeks. The General Term of the Supreme Court is the branch of that court having appellate jurisdiction. It is divided into "judicial departments," of which there are five in the State. To this court appeals are taken from the circuit and special terms, and from county courts (of which we shall have occasion to speak later on). The proceedings in this court con- sist principally of arguments of questions of law, and here it is that litigants, who believe that errors have been committed in the trial or disposition of cases in the lower courts, seek to have them cured. The stenographer is not used in this court except upon special occasions, when counsel desire to have their oral arguments preserved, either for their own use or entertainment, or because they conceive that Posterity may be slighted if not provided with them. Most of the justices of this court, however, employ a sten- ographer to whom " opinions," in cases decided by them, are dictated. From this court an appeal, in certain specified cases, may be taken to the Court of Appeals, the court of last resort in the State. Here, as in the General Term, the employment of the stenographer is limited to the occasional reporting of arguments and to the dictation of opinions by the judges of this court. REFERENCES. In certain cases, among which is that of an action, the trial of which will involve the examination of a 1 6 Practical Court Reporting. long account, the court may upon its own motion, without the consent of either party, make an order that the issues therein shall be heard and determined by one or more referees, usually one being appointed, who is an attorney at law. Such an order may be made by any court of record. The stenographer finds frequent employment in reporting trials of cases before referees. The order of appointment having been made, the referee appoints a time and place of hearing, and the party desiring to have the reference proceed, or, as it is technically called, " working the reference," serves the opposite party with a notice of such appointment, and with a notice of trial. Upon the day thus appointed, and at the place specified in the notice, the referee and the attorneys meet, and the "hearing" proceeds in the same man- ner as at circuit, except that no jury is present, and that the trial progresses more deliberately, sometimes being adjourned from time to time, and extending over a period of several years. Among the first reference cases reported by the author was that of a trial, begun years before his connection with it. The hair of the referee had grown silvery ; two of the attorneys, who at the commencement of the case appeared upon opposite sides, had become^ partners, and when the case was continued, still re- mained hostile to each other. Testimony was taken from time to time, and then finally a long adjourn- ment of half a dozen years ensued. Again the hos- tile litigants faced each other over the counsel table, and concluded the case, with the result that the plaintiff won the suit, added a few hundred dollars Introdiictorx. ■ 17 to the amount of the recovery, and with it, paid his attorneys, and the referee's fees and expenses; beat the stenographer, (who had been unwise enough to dehver transcript, and thus released his lien upon it) out of his fees, and wound up the litigation of twenty years in a manner, that to the stenographer, seemed fitting and appropriate — by dying of delirium tremens. CHAPTER II. QUALIFICATIONS OF THE STENOGRAPHER, In most States, provision is made by law for the appointment of stenographers in certain courts. The statute usually defines the qualifications of the ap- pointee and prescribes his powers and duties. One of its requirements is, that the stenographer shall, before entering upon the discharge of the duties of his office, take the constitutional oath of office, and file the same in a specified office, generally in the county clerk's office. The statute relating to this subject invariably provides that the stenographer shall be " skilled in the stenographic art." That por- tion of the law respecting the oath, is complied with by official stenographers and assistant official stenog- raphers. Probably the only question that could arise from the omission of the stenographer to take and file the oath would be as to whether minutes taken by him were " official." That question could only be raised, if at all, by third parties to the sub- ject-matter of the minutes. It certainly could not be insisted upon by the attorney or client engaged in the trial of the particular case ; because they, hav- ing gone to trial without making the preliminary ob- jection to the qualifications of the stenographer, would undoubtedly be held by any court to have Qualifications of the Stoioi^rap/irr. igl 'ICf waived the objection. .Viul, e\ea if such objection proved tenable, the stenographer might be permit- ted to take and file the oath nujic pro tunc, i. e.,asof the proper time, which would cure the irregularity. Each court stenographer ought, whether official, temporary or otherwise, as a part of his official duties, to compl\- with this provision. It goes without saying, that the applicant for ap- pointment should be a skillful shorthand writer. The word " skilled," as generally used in the stat- utes of the different States relating to the appoint- ment of stenographers, is, necessarily, a relative term. Anomalous as it may appear, one having a speed of one hundred and fifty words per minute, capable of being sustained for at least an hour on cross-examination, relating to the subjects and top ics that ordinarily come before courts for investiga- tion, and who understands the principles of law in- volved in. the procedure, and formality of, trials, and has a knowledge, superficial though it maybe, of the tecJinique of the subject-matter of the case, will turn out a far better transcript than the two-hundred- word-a-minute scribbler, who tries to get on paper every word uttered, and every gesture made by Court, counsel and witness. A mechanical stenographer never yet made a good report or transcript of a law suit which he did not comprehend. One may be " skilled in the stenographic art " to the extent of being able to write two hundred words per minute from dictation ; but, to be " skilled " in the applica- tion of that art, is quite another thing. Suppose, for instance, the plaintiff's attorney desires to prove 20 Practical Court Reporting. by a witness certain facts; that the defendant's at- torney objects to such proof, without stating the grounds of his objection seriatim, i. c., that he sim- ply say, " I object," and then proceeds, as is often the case, to argue his points without classification, in ex^ tcnso. Shall the stenographer report every word ut- tered by him, by the plaintiff's attorney in reply, and by the court in ruling, closing with " I except to your honor's ruling?" Or shall he digest the argu- ment as it proceeds, classifying the points as they are made, and treating the plaintiff's reply in the same manner, and, unless the ruling of the Court lim- its or modifies the contention of either counsel, sim- ply stating that the objection is sustained or over- ruled ? If the first method be followed throughout a lawsuit, the party paying for the transcript, will curse the stenographer for two reasons, viz.: that he has to pay from six to ten cents per folio for mere chaff, and also that he has to winnow this to get at the points. Now, how can a stenographer use the latter style of reporting unless he comprehends, first, the question — i. e., the issue raised by the question and the objection — the elementary principles of law involved and the rules of evidence applicable? The difficulty experienced in deciding questions of the admissibility of evidence is, not in knowing what the law is, but in determining those principles which are applicable to given cases. Having a general idea of the issue, the elementary principles and rules of evi- dence that 7nay be applicable, the stenographer will experience no serious difficulty, provided he gives the discussion strict attention — which of course must Qualifications of the Stenographer. 21 always be done — in digesting and correctly classify- ing objections of this kind. The applicant for the appointment of court stenog- rapher will usually have had experience as an assist- ant to an official stenographer, or in doing general reference reporting, and will have demonstrated, to some extent, at least, his skill in and application of the stenographic art, and will probably have become known to the judges and attorneys of the locality in which he does business. Politics enter largely nowa- days into the question of the appointment ; although, it is by no means controlling. Judges and lawyers look first to the reputation of the applicant for skill in the art. They have not yet learned the distinc- tion attempted to be made in this chapter between skill in the art, and the application thereof to the re- porting of lawsuits. They regard the " gentleman from Arabia " (as one facetious attorney calls the stenographer) as a sort of drop-a-nickel-in-the-slot, or, you-press-the-button, machine, into whose ears words, sentences, and even whole books may be dropped, which, falling upon the tympanum, sets in motion machiner)', that, no matter how fast they are dropped, transmogrifies these words, sentences and books, into strange hieroglyphic symbols, without any men- tal effort on the part of the aforesaid machine. This is unfortunate for the better class of stenographers ; and, were it possible to relieve the Bench and Bar of this delusion, the competent stenographer would be appreciated, and the incompetent would be relegatetl to his proper sphere. A vacancy existing, let the stenographer decide whether he is competent to do 12 Practical Court Reporting. the work — first, whether he has the skill, and sec ond, whether he can apply that skill to court work. If he decide this question in the affirmative, then seek the appointment. Obtain from every judge and at- torney before whom or for whom he has reported cases, an honest expression of opinion of his capabil- ity. Go in person and, if possible, see the judge or judges who have the power of appointment. Do not exaggerate your stenographic ability. Keep your thumbs out of the arm-holes of your vest, and do not pretend to be other than what you are — a young aspirant anxious to show what you can do. If you have special facility in performing any of the duties of a stenographer, press it upon their atten- tion, especially, if it be readiness in reading your notes. This always has a telling effect, because so many otherwise first-class gourt reporters, who have la- bored " long and hard at the oars," are, either from timidity or some other cause, lamentable failures as readers of their notes. If it happen that you are an applicant for appointment to the county court of your county, and you have no local competitor, and the work has been done by an " old hand " from out- side, you will sooner or later, if you reach the stand- ard outlined in this chapter, receive the appointment. But, if you do not come up, or pretty near, to this standard, you will have trouble. The " blind " stenographer is a subject for deep commiseration. To him every step in a proceeding or investigation is tinged with the mysterious. He can distinguish pretty well between a civil and crim- inal case ; but he could not determine that Jones v. Qualifications of the Stenographer. 23 Brown is an equity case, did not the calendar state that fact, and except that a jury is dispensed with. Fie usuidly "takes" everything, from the administra- tion of the oath by the clerk, or by the court, lo wit- ness down to the " thanks" of the court to the grand jury " for the promptness and fidelity, gentlemen, with which )'ou have performed your duties." He is troubled with horrible dreams of possible omissions of such sentences as, " Now, Mr. Witness, I will repeat the last question," and " Now, if your honor please, I object." At the conclusion of a case, he believes that he has committed something to paper ; but, be- yond the fact that it is a horse lawsuit, an assault and battery case, or that a line-fence is, " somehow or other," mixed up with a lot of figures, angles, courses and distances, he is in doubt as to just what has happened. The young court stenographer is, usually, more or less affected with this description of blindness, and th"e difficulties and misgivings that beset his pathway, make it anything but roseate. The only remedy for this want of discernment is time and study. But this should have preceded his ap- pointment, and he will find that, before he becomes able to do his work with perfect confidence, feeling that he fully comprehends everything that occurs, excepting perhaps the cross examination of a witness by a " fresh " young lawyer, (which is presumed to be unintelligible) he will tumble into many pitfalls, and make many egregious mistakes. The court stenographer ought to be perfectly com- petent at the time of his appointment to report any- thing and everything. Once he begins his work, there 24 Practical Court Reporting. is little, if any, time for preparation for that particular case. He is supposed to do it without mistake ; but often, and oh, how often ! does this rest in mere supposition ! In this respect, the practice of the art in court differs from almost everything else. The in- experienced young lawyer has abundant time to pre- pare himself upon the facts and law involved in his cases. He has the opportunity of knowing beforehand almost every difficult feature that will be encountered, and he can anticipate much that his opponent may spring upon him. But the stenographer in court sits down to the table unconscious of whether he will be called upon to scribble the testimony of a physician, who will dilate with fiendish (to the stenographer) delight, upon the far-reaching injury to the nervous system resulting from external violence to the me- dulla oblongata, or the inducing causes which render the external malleolus o{\.\\Q fibula liable to atiehilosis, or the evidence of a sculptor descriptive of the pro- cesses of making a bronze statue. The court sten- ographer must, to use a homely expression, " be on his taps " first, last, and all the time. If he tire, no- body cares, and few know it. No matter if his stock of vitality is exhausted ; the lightning-talking witness talks faster ; the cross-examiner's questions pour in faster and oftener, and each one seems more com- plicated than its predecessor. It is under such cir- cumstances that the blind — the mechanical, incom- petent, ignorant — stenographer meets his Waterloo. Confining himself merely to the act of writing sounds, he has no opportunity to grasp the meaning of the subject-matter, and even if he had, he could not com- Qualifications of the Stenographer. 25 j.„-ehend it. On the other hand, the competent sten- ographer, the veteran of numberless similar encoun- ters, is almost oblivious to the act of writing; and, following and understanding the examination, he is enabled to " carry " considerable matter in his mind ; writes more deliberately and hence, the formation of the outlines is better, more exact, and more easily read. In the latter instance, it does not partake so much of the character of a race between writer and speaker. One thus trained will " carry " easily a question and answer, and, speaking from experience, it is possible to " carry " and write correctly, several questions and answers. But the act of "carrying" is exceedingly wearisome. Too many court stenographers are afraid of stop- ping witness or counsel. Rather than be subjected to the humiliating experience of asking a witness to repeat his answer, resort to heroic measures : "Throw the ink bottle at the enemy." Shout if necessary at him or her — the ladies, (begging their pardon) in court, are the greatest and most persist- ent enemies of the stenographer — "Wait a min- ute, Mr. Witness!" Difficulty will be often ex- perienced in attracting the attention of the witness, which is usually directed to the counsel on the side for which he is sworn. But stop not at such trifles. Call out — if a man, his first, last, or first, last and middle name — " Vestus Roricus Jenkin-higgins ! Wait a minute ! " But, at any rate stop the flow of language as quickly as possible even if you have to resort to the act of " chucking " the ink bottle at him. You will frighten nobody by doing it. It has 26 Practical Court Reporting. been done before your time and it will be done after you have ceased to make crooked marks and are safely garnered where lawsuits and cut-rate "stenog- incompetents " are unknown. We here publicly confess*to having stopped — yea, and even lectured, and scowled at — witnesses ; and we hope to be spared many years to repeat it. Like confession for the soul, the aforesaid lecturing and scowling gave us instant relief, and acted, like a bracing atmosphere, to tone our nerves and refresh our spirits. Try it. The same remarks are applicable to counsel, except the lecturing. There you are at a disadvantage, for, like Goldsmith's' schoolmaster, E'en though vanquished, they can argue still. But you will find a sort of safety-valve relief to oc- casionally indulge in some scowling liberally inter- spersed with good, homespun (inward) denunciation of counsel. But, young man, do not forget to " throw the ink bottle " at the proper time. In order to do good work, the stenographer should have read, or in some way learned, the elementary principles of law. He need not, necessarily, be a lawyer; but as above stated, he ought, in order to do good work, comprehend the meaning of what is taking place, the record of which he is making. Good advice to a shorthand writer, expecting to en- ter the field of court reporting, would be : Go into a lawyer's office and take up the study of law, the same as a law student. Make yourself thoroughly familiar with the forms of procedure and the tecJiniqiie of the profession. A stenographer was aavised to devote his attention specially to the rules of evidence. The Qualifications of the Stenographer. 27 advice was wrong. Devote time and attention to that, not, however, to the exclusion of other subjects. Read Parsons on Contracts, Addison on Torts, Bishop's Criminal Law, Baylies' Trial Practice, The Codes of Procedure, not omitting some good works on evidence. The commentaries of that great jurist, Blackstone, may be added to this list. But unless the student intends to fit himself for the practice of law he will save much time by omitting the latter. If those first mentioned are studied faithfully, and the student attend all, if possi- ble, of the courts held in his locality, there and in the office, closely observing the practical ap- plication of the principles he has studied in the books above mentioned, and doing as much law reporting as he can obtain, (with which at first he will not be overburdened,) he will, in time, fit him- self to apply for the coveted position. It must, however, be remembered, that the proficiency of the law stenographer will depend largely upon his general information. A mere knowledge of short- hand is insufficient. He ought to be well grounded in the four " R's " of knowledge, and in addition should have a superficial knowledge of many subjects. Natural philosophy, physiology, anatomy, the geog- raphy of his own country, and geology will materially aid him in doing good work. He will find that poetry, art, fiction and polite literature in general at times constitute a part of the subject-matter of his work. Ill short, let the ambitious aspirant read all he can ; let him acquire as much exact information as possible of those subjects which he will most fre- 28 Practical Court Reporting. quently encounter, and a superficial knowledge of as many more as time will permit. Cultivate a taste for general reading, and a curiosity to learn the causes of results. Never forget that diversified information will enable the stenographer to intelligently apply his skill in the art ; that it will enable him to perform his work with comparative ease, and in the end will bring shekels and a good reputation as a practitioner ; while with mere mechanical skill, he will never rise above mediocrity, his transcripts will be the subject of continual criticism, and his income be what it should — small. CHAPTER IIL A DAY IN COURT The court stenographer verily " holds the mirror up to nature." He catches the pathetic, the serious, the humorous and preserves it in indelible impres- sions. The tones of the voice, the shake of the head, the gestures and movements of the body are alike safely housed for posterity. One hour he may be engaged in recording matter upon the accuracy of which a life depends, and the succeeding hour finds him penning in mystic characters the laughable ut- terances of a son of the Emerald Isle. Quiet, unosten- tatious, always at the post of duty, writing — ever writ- ing — sometimes the crisj) and brilliant utterances of a master-mind, at others reluctantly scribbling the vaporings of a fresli " limb of the law." Regardless of bad ventilation or conditions of temperature, he must "drive tlic ([uill " all day, day after d;'>'. While counsel can move about and thus relax the tired muscles of the body, and even the Court " take a turn " up and down behind the bench, the faithful slave of the pen must maintain substantially the same position. No, his muscles never weary ! When the case on trial must be finished, it wont hurt " Mr. Stenographer, will it," to work until midnight? When the furnace gives out, his fingers do not get 30 Practical Court Reporting. cold. Of course, the Court and counsel can leisurely don overcoats and listen as well as ever to tiie testi- mony while rubbing their hands together to keep up the circulation. So could the stenographer if — but, then, he hasi. t time and, beside, an ulster overcoat isn't the best sort of garment to wear when writing at a table. Let us here relieve our burdened mind on the sub- ject of the barbarously defective ventilation of the average court-room. And, if the interlarding of it at this place shall destroy what little prospect of a kind reception might have existed for this unpretentious effusion of our pen, but at the same time shall, in the least, tend to bring about a reformation in the ventilation of the court-room, we shall feel that we have had our say at small cost. The average court-room is heated by apparatus selected, usually, by a committee of the county board of supervisors, made up mainly of strong, healthy, robust business men and farmers, whose lungs, by reason of the activity and recreation inci- dent to their vocations, are practically impervious to bad air. This apparatus is generally managed, either by the servants of the sheriff, or by a janitor ap- pointed by the board of supervisors, whose knowledge of heat, pneumatics, and ventilation is about as wide, diversified and accurate as is their information re- specting the Nicene Creed. Under the direction of these " scientists" the doors and windows are closed as tight as a drumhead, not a stray current of air being accorded entrance to the sacred precincts of the court room " under penalty of law." The red hot W Day in Court. 31 fiend cf the lower regions, the furnace, is then set in full operation, ami tlie loiil air of the cellar is heated and sent up to commingle with that of the court- room, already contaminated b)' the impurities from the respiration of a couple of liundred lungs, spiced with the foul emanations from cuspidores, stray to- bacco-cuds, ami by — well, we were going to say the perspiration frt)m unwashed bodies — we omit that. This aggregation of filthiness loads down the at- mosphere with disease and deathclealing causes, and when judges and lawyers'(of course it makes no differ- ence if it kill off a stenographer or two) break down prematurely and, as physical wrecks, linger on for a few years, it is charged tt) the already overburdened account of" nervous prostration," and the machinery ofthe law goes on just as merrily as e\er. It is scarcely a month ago that a justice of the supreme court was so overcome with the foul atmosphere of a court- room, that he was compelled to relinquish his inten- tion of charging the jur\-at the c\'ening session, and, went to his house the next da\' ill, undoubtedl}', from the effects of the impure atmosphere. Shall it be expected that judges, stenographers and other of- ficers of the court, with these injuriously irritating surroundings, will manifest that patience in the trial of causes which the legal profession, and its client, The Public, require? Who can tell how far the lim- itations of liberty and the rights of persons and 01 property may ha\e been affected by these shameful nuisances, acting directly upon the physical, and con- sequently upon the mental condition of our judges, stenographers and other court officers? And with 32 Practical Court Reporting. this foe, the aspirant after fame as a court stenogra- pher, will have to cross swords. I hope the aspirant may be victorious. This is no fancy sketch; and, before a stenographer counts his years of experience in badly ventilated court rooms upon the fingers of his right hand, he will regard a work on court re- porting defective which does not touch upon this evil. One of the burning questions, if not the most im- portant of all, that comes before the stenographer, is what to "take" and what to omit "taking." The law under which court stenographers are ap- pointed usually provides that they must, under the direction of the judge, presiding at or holding the term or sitting which they attend, take full sten- ographic notes of the testimony, and of all other pro- ceedings, in each case tried or heard thereat, except when the judge dispenses with the reporter's services in a particular cause, or with respect to a portion of the proceedings therein. In practice, the presiding judge does not indicate what the stenographer shall record. Occasionally he may direct that some spe- cial matter be taken ; but as a rule it is presumed that the stenographer knows his duty in this respect. This presumption is, however, sometimes a violent one. The stenographer puts in an appearance on the first day and, unless relieved by an assistant, re- mains through the sitting of the court. The first day of the term usually occurs on Monday, and we find " Mr. Stenographer" on hand at the opening of court, bright and early, ready for business. Looking A Day in Court. 2)2> over the calendar, which can always be obtained from the clerk of the court, he gets an approximate idea of how much there is to do, aided in coming to that conclusion by his knowledge of the duration of pre- vious terms in that county. The judge arrives, and, if it be in a country district, then occurs a season of nodding, handshaking and a general salutation all around, between the recently-arrived judge, and es- pecially the older members of the bar, the younger fry in the meantime looking enviously on and ment- ally calculating the passage of time that will neces- sarily ensue before the marks of eminence, sometimes consisting of baldness, a portly person, and a ple- thoric purse shall entitle than to walk with stately mien to the bench and exchange salutations and pleasantries with " his honor." WHAT NOT TO TAKE. The first business in order after the court crier has " opened " court, is the calling of the grand jurors by the clerk, and the charge of the Court to them. This need not be taken by the stenographer, no rec- ord, beyond the entry in the clerk's minutes, being made. The grand jurors then retire to rooms pro- vided for their deliberations, not returning into court until they present the indictments found by them. Their coming, upon a hot September afternoon, in the midst of a spirited cross examination furnishes the weary stenographer with a welcome breathing spell. The Court usually stops proceedings in the case on trial and receives the indictments, thanking the jury on behalf of the tax payers. No record 34 Practical Court Reporting. need be made of any of these matters relative to the grand jury. The namesof thepetit(small)juryare usually called after those of the grand jury. Thirty-six persons are, in most States, summoned as petit jurors. Ex- cuses are first heard by the Court from the latter, who wish to be relieved from sitting during the whole, or a part, of the term. Having disposed of these ex- cuses, the clerk swears the entire panel, and they are generally discharged until the afternoon session. The clerk makes all the necessary entries in his minutes respecting the petit jury; the stenographer making none. The Court then announces that he will hear ex parte motions. An ex parte motion may be defined as an application to the Court for an order of some description, to which application there is no opposi- tion. There is no argument, sometimes a brief statement of its nature, being made by the attorney making the application. Of course there is nothing for the stenographer to record. The hearing of ex parte motions is usually suc- ceeded by " contested motions." Rarely is the sten- ographer called upon to report these. Occasionally, counsel may request a report of the argument of the motion. Upon these motions, the attorney making it, has the opening and closing speech. He begins by a statement of the relief he seeks, usually stating the grounds and reasons therefor, the written evi- dence of which rests in affidavits — sworn statements J — which, being filed with the order made by the I Court, make up the record. The attorney opposing " A Day in Court. 35 the motion, replies, stating his reasons for objecting to the gr.mting of the order, and arguing the points upon which he rehes. The attorney for the motion repUes, and the Court disposes of the motion, grant- ing or denying it. Sometimes the Court " takes " the papers, and disposes of it at his leisure, perhaps duriuLT that term of the court, or afterward. The calendar of causes is then called by the Court, commencing with the first case thereon and going through the entire list, the attorneys for the respect- ive parties replying " ready on the part of the plain- tiff" or "defendant" as the case maybe, or " not ready," and, if not ready for trial at that term, stat- ing that a motion to put the cause over the term will be made. As the Court calls the cases, he marks each case "ready," "reserved," "over," "off" or " settled " according as the call is responded to. The stenographer having provided himself with a calen- dar, should mark the causes in the same manner. This call of the calendar is for the purpose of learn- ing what cases are ready for trial. Having gone through the calendar, the Court begins the " regular " call thereof, commencing with the first case that was announced and marked "ready" upon the first call. The regular call is usually begun at the commencement of the afternoon .session, when the jury are present. Beside the motions referred to, other applications to the Court may be made in cases upon the calen dar upon tlie regular call thereof, a record of which it will not be necessary for the stenographer to make. It is impracticable to specify all such as may arise. ^6 Practical CoiH-t Reporting. A i&\\ instances will suffice for illustration. Suppose in the first case called for trial, upon the regular call, there is no appearance by the plaintiff's attorney; the defendant s attorney being present, may move for a dismissal of the complaint. Assume that there is an appearance b)' the plaintiff's attorney, and a de- fault in appearance by the defendant's attorney ; that the allegations of the plaintiff's complaint are not denied by the defendant's answer, but that the an- swer sets up a counterclaim. In that case, upon proof by affidavit of service of notice of trial upon defendant's attorney, the Court may (although it is unusual to do so on the first day of the term in most counties) order judgment for the plaintiff. There is no necessity of taking this, as the order directing judgment recites, or ought to recite, the proceedings sufficiently to show what occurred. Then again there are certain cases in which there has been no appearance in the action by the defendant, but, from the nature of the case, it is necessary to make a for- mal application to the Court for judgment. Here again the papers in the case, and the order made, show, or ought to show, everything necessary to make the record complete. The clerk of the court, it is assumed, will enter in his minutes, brief memo- randa of all these proceedings. There are certain proceedings which occur when prisoners are arraigned in court, some of which the sten- ographer must take, and others may be disregarded, unless specially requested to record them. It is un- necessary to take the questions propounded by the clerk of the court and answers thereto upon the ar- i A Day in Court. 37 raignment of a prisoner, or the proceedings when the prisoner has pleaded guilty, or has been convicted and appears before the Court for sentence. Upon the lat- ter occasions, the clerk formally asks the convicted man, " Have you anything to say why the sentence of the law should not be pronounced upon you ? " The prisoner invariably replies in the negative, or asserts his innocence, and thereupon the Court proceeds to pronounce the sentence, generally prefacing the for- mal sentence with an epitome of the circumstances under which the crime was committed, cautioning the unfortunate convict against a repetition of the same crime, or the commission of others ; pressing home to his mind the opportunity and necessity for refor- mation and informing him of the chance he has by good conduct to earn a commutation of the sentence. It is unnecessary to take any of this. What should be recorded under certain circumstances upon the arraignment o{ a prisoner will be considered here- after. Without having reference to the proceedings upon a trial, a general rule may be laid down, to which (like all general rules) there are exceptions, which will aid the stenographer in determining what mat- ters he may omit to take, viz. : In all matters that come before the Court for determination, in which the papers used before the Court contain the facts, grounds or points relied upon b)- the mo\'ing party as the basis of the relief or recovery sought, the stenographer, in the a!)sence of special direction from the Court, need make no record. 449555 CHAPTER IV. A DAY IN COURT (continued). While the subject of what can be omitted from the record is important, yet that of what should be taken, and how to do it with the most ease and fa- cih'ty compatible with so difficult an undertaking is of the deepest interest to the stenographer. And to throw all the light possible upon this question to the end that the difficulties that meet the j^oung court stenographer may be readily and intelligently overcome, shall be the purpose of this and succeed- ing chapters. THE TRIAL. The afternoon session having been opened by the court crier, the case of Competent v. Incompetent is called for trial by the Court. The plaintiff may ap- pear in person without an attorney, but invariably he appears with one. The defendant. Incompetent, makes default in appearing, i. e., does not appear. The plaintiff waives a jury, and, without even stating the case to the judge, swears usually but one witness, simply proving the allegations con- tained in his complaint, and a computation of inter- est. Thereupon the Court orders judgment for the plaintiff. This ends the proceeding so far as the stenographer is concerned. This is termed, taking A Dav in Court. 19 AN INQUEST. The form to be used in the stenographic report, as respects the title of the court, title of case, appearances, etc., may be as follows: the words in Roman being always written in longhand, while those in italics may be in longhand or shorthand, at the option of the writer : FULTON CIRCUIT, October (19) 1891. rUTNAM, J. 1 . JOHN COMPETENT Old Stenographer JERRY INCOMPETENT Xo appearance. Johnstown, N. Y., October 19th, 1891. Inquest, takoi before the Court, (^ Jx^J being ivaived. John Competent,//^. By Old Stenographer. Then follows the testimony given by the witness In the first line of the j)receding form appears the name of the county and the couil -circuit always meaning trial term of the Supreme Court. I-'ollow- ing this in the next line is the month, the day of the commencement of tin; circuit, ami the \car. These dates should appear in c\er\- case recorded during 40 Practical Court Reporting the term, no matter if the term runs into the suc- ceeding month, which is often tiie case ; because for certain purposes everything dates from the first day of the term. In the next hne appears the name of the justice presiding, the letter " J " being an ab- breviation of the word ''Justice." In the follow- ing line within the brace appears the name of the plaintiff; following it and between it and the name of the defendant below appears the letter '' v," a convenient abbreviation of versus, a Latin word meaning " against." Sometimes the word " against " is used instead, and very often shortened to "ag'st." To the right of the brace opposite "John Competent " appears " Old Stenographer," the name of the plain- tiff's attorney, placed there because it appropriately belongs opposite the name of the plaintiff. Write here the names of all the attorneys and the counsel who appear for the plaintiff, placing the name of the attorney of record first (which will appear upon the calendar), following it with the names of counsel, writing after the latter names the words "ofcoun sel." When there are appearances for the defendant, treat them in the same manner, placing them below those for the plaintiff and opposite the name of the defendant. While it is presumed that the term will be held at the county seat, yet it is proper to write that below, as in the illustration, with the month, day of the month and year, upon which the trial begins. Next appropriately follows a statement of the character of the proceeding, supplemented with the fact of waiver of jury, if a trial by jury be waived. On the next line A Day in Court. 41 below, write the name of the witness, and, if the wit ness be plaintiff or defendant, state that, together with the name of the attorney (in this case " Old Stenog- rapher") who examines the witness, placed in the following line. Subsequent to that, of course, should appear the examination of the witness, after which if the Court order judgment as above stated, enter in shorthand the following memorandum, or its equivalent: "The Court ordered judgment for the plaintiff for $295." Having completed this record, clear the deck for the next cause. That may be a criminal case. The one just disposed of was a civil cause. Recollecting what was said about the circuit term of the supreme court, the civil branch, and what was said about the oyer and terminer (meaning to hear and determine) or the criminal branch, it will be seen that without any change in the constitution of the court, the trial of a criminal case may immediately follow that of a civil cause. But criminal cases will be considered hereafter. Assuming that No. 10, the case of Jenkins v. Briggs, is the next civil cause marked ready for trial, which the Court calls, as stated above by number and nanie, counsel for [)laintiff and defendant answer " Ready ! " The Court addresses the clerk with "Call a jury in No. 10. Mr. Clerk;" the respective counsel and their clients place themselves in battle array, the plaintiff's counsel usually occupying the seats at the counsel table nearest the Court, and in front of the jury, and the defendant's counsel, seats at a table next to the plaintiff and facing the jury. 42 Practical Court Reporting. The stenographer makes the appropriate preliminary entries in his minutes respecting the case which may be in the same form as that just given on page 39, (except that he will note the appearances for the de- fendant) continuing down to and including the name of the county-seat or place of trial. Then, instead of inserting the date, as given in the illustration, it will be better to make this entry (written in short- hand) : "Trial commenced October 19th, 1891, at 2 P. M." It is not necessary that this entry should be made ; but, inasmuch as it often proves of con- venience to counsel in determining questions of time, and also forms a part of the history of the case, it is well to insert it, as at this stage, the writer has an abundance of time to do so. THE JURY. By the time the preliminary record has been thus made up, twelve "good men and true " (which of course every one knows to be the number of persons comprising a petit jury) will have taken seats in the jury»box in response to the call of the clerk. Either party has the right to challenge the entire panel of jurors. This is termed a challenge to the array. A challenge is in the nature of an objection. Beside challenges to the array there are challenges to the polls. These consist in objections to some individ- ual jurors, based upon matters tending to disqualify the jurors from serving. Either party to the action has the same rights respecting the use of challenges. The plaintiff in a civil case, and The People, or Prosecution in a criminal case, usually first exercises A Dax in Court. 43 the ri<^ht of challenge to jurors. The pUiiiitiff gen- erally examines each of the jurors to determine whether he will excuse any one or more of them " peremptorily" i. e., without assigning any reason for so doing. liie number of jurors as to which a party may thus exercise his right of peremptorj' challenge, as it is called, varies in ci\'il and criminal cases in the different States. In the State of New York, it was, until the first of September, 1891, lim- ited in civil cases to two; but on that date, an act of the Legislature of that State went into effect which increased the number in civil cases to four in courts of record. Hef.ide these per emptory challenges, the right of challenge to any juror exists where for certain specified legal reasons he is disqualified to sit as a juror by reason of not possessing the prescribed statutory qualifications of the particular State, or b\' reason of prejudice, bias or having formed, and entertaining, an opinion with regard to the issue involved, which opinion would render him unable to pronounce a fair and impartial verdict between the parties. The plaintiff and defendant equally have the right of challenge ; the plaintiff being required to first ex- ercise such right first announces " content, your honor," which, of course, means that the jury as thus made up is satisfactory to the plaintiff. The sten- ographer nectl make no note of the peremptory challenge except upon a " temporary memorandum sheet" of paper to cuter the following details which may be in this form : 44 Practical Court Reporting. PEREiMPTORV CHALLENGES. Plaintiff. Defendant. 1 John Doe Thomas Johnson i 2 Richard Roe George Dickens 2 3 John Jackson James Thackery 3 4 Daniel Deronda W. C. Bryant 4 When, during an examination of the jury, a dis- pute arises, as it sometimes does, as to the number of peremptory challenges exercised by either party, the preceding entries upon the stenographer's side sheet will quickly determine the controversy. This sheet may be destroyed after a jury has been obtained. The most important duty of the stenographer in connection with the empaneling of the jury arises upon the second class of challenges above referred to. Especially is this true of this part of the trial of a criminal case, in which days, weeks, and, as in the case of the trial of The People v. Sharp in New York City, more than a month may be consumed. Im- portant questions respecting the admissibility of evi- dence, the competency of jurors to sit and other questions arise upon this branch of the case, and the reports of decisions of the courts of the different states contain numerous cases in which these ques- tions have been decided, and judgments reversed for errors committed by the trial courts during the ex- amination of jurors. This feature of a trial is more conspicuous in criminal cases — in fact it seldom oc- curs in a civil case. The stenographer who will study the works of practice regulating the formalities of the procedure A Dijy in Court. 45 of his State in the trial of cases, will learn respecting the challenging of jurors, that of which some judges and a good many lawyers, are, either ignorant, or which they forget, viz. : that, to be effectual, the rul- ing of a court, upon every challenge (other than a peremptory challenge), must be based upon proof, cither by stipulation between the parties — in a crim- inal case it is doubtful whether a stipulation would bind the defendant — or by sworn testimony, of the facts showing either the qualification or disqualifica- tion of the juror. The juror challenged should be sworn as to his qualifications to sit in the particular case, and the examination should be taken by the stenographer. Many attorneys, either because of ignorance or forgetfulness, proceed with an examina- tion of a juror upon this kind of challenge without having the juror previously sworn ; and, the exami- nation being completed, address the Court, " If your honor please, I challenge the juror for favor" or " principal cause " or " for bias " or " for prejudice." Perhaps the juror examined sits in the second row of seats at the end farthest from the .stenographer, who usually sits near the juror in the front row, at the end nearest the Court. Jurors are generally timid and afraid to speak audibly, and the stenog- rapher has not been able to catch one word. It's just as well ; because, unless the opponent of the challenging attorney consents to accept the examina- tion of the juror the same as if he had been duly sworn, the examination will have to be repeated. - Now is the time for the stenographer (who until now has been lost sight of ) to make known his pres- 46 Practical Court Reporting. ence. He should insist upon having the juror sit either in the witnesses' chair, or somewhere else near him, so that he can get, by question and answer, the full examination of the challenged juror. Don't be afraid. It is a duty you owe )^our physical powers to demand that your onerous work, so taxing on the nervous system, shall be made as easy as the nature of the proceedings admit. A stenographer should not be required to strain his sense of hearing, and divide his attention between the act of writing and lookino- half-way across a court-room among the shining pates of counsel and the generous locks of jurors to note the gestures of a juror, and catch his mumbled responses to counsel, and he who does so is inex- cusable. Young man, be not afraid to insist upon your rights. Recollect that you are an officer of the court and your wishes are entitled to some respect. Having once inaugurated an innova- tion in these formalities of procedure, you will, after a time, have the satisfaction of the spectacle of Court and counsel unconsciously conforming to your methods. But, of course, do not be rash. Attempt no reforms that are not warranted by convenience and reason. Do not permit the consciousness of your official position to inflate your pride to the ex- tent of making you obnoxious. Having insisted upon your rights, the juror liaving been sworn and occupying a seat near you, you should have made the appropriate preliminary entries in your minutes descriptive of the proceedings taking place. If you have not, and have not then time to make them before the examination of the juror begins — A Day in Court. 47 which will prob.'ibly be the case — do so at the first opportunity, leaving sufficient space therefor, con- tenting yourself for the time being to write the name of the juror, the fact that he is challenged, and by which party, the grounds of challenge and the attor- ney by whom he is being examined, following with the testimony of the juror. The following form may be used, the name of the juror being in longhand and the remainder in shorthand: "Timothy Tug- mutton, a juror, sworn as to his qualifications, challenged by defendant (here insert grounds of challenge) examined by Mr. Shiningpate, defend- ant's attorney, testified : " If you use a bound note book, simply enter in longhand, written sufficiently large to be conspicuous, after the statement of the month, day, year and hour of the commencement of the trial : EXAMINATION OF JURORS. If, on the contrary, you use loose sheets of num- bered paper, which for convenience you divide into books, make a separate book for the examination of jurors. The preliminary entries respecting title of court, case, appearances, etc., may be in the same form as above given. Enter objections, rulings and exceptions the same as hereafter specified in the next chapter with respect to that subject upon the examination of a witness. Upon the examination of jurors respecting forma- tion of opinions as to the guilt or innocence of the accused, certain questions will be repeated many times with scarcely any difference in verbiage. To 48 Practical Court Kepoitiiig. illustrate : suppose the District Attorney, upon the direct-examination of a juror, has elicited testimony showing that the juror has formed an opinion, either from conversation or reading about the case. Assume that the defendant's counsel desires to retain the juror, or to raise an issue of law as to his qualifica- tion, trusting that, by so doing, the Court ?//«^ err in permitting an incompetent juror to sit, the de- fendant thereby obtaining a ground for reversal of the judgment in case the defendant is convicted. This is often resorted to by the defendant's counsel when, as a matter of fact, he does not want the juror to remain on the panel. If the Court hold that the juror is competent, the defendant can after- ward exercise his right of peremptory challenge. A question frequently put by the defendant's attorney under these circumstances will run something like this : " Notwithstanding the answers you have made to the District Attorney, and notwithstand- ing the opinion you have formed, and expressed, do you believe that, uninfluenced by that opin- ion, you can sit upon this panel of jurors, listen to the evidence as it is elicited from the various witnesses, and render a fair and impartial ver- dict between the People (or Prosecution) and the defendant at the bar, without bias or prejudice?"^ Probably — in fcict usually — the defendant's coun- sel frames his question in conformity to the hold- ing, as he understands it, of the Court of Appeals, or the highest court of the State in which the trial is occurring, endeavoring to embody all the elements which that court has decided will render a .7 Da\ in Court. 49 juror qualified, even if he has expressed an opinion. This and similar questions put to jurors will often be repeated with unvarying monotony, until the writer will be heartily tired of them. It is im- portant to get the question verbatim ct literatim. Another question with which the counsel first examining the juror, (which is termed the "direct" examination and that which follows being called the " cross " examination) generally closes the direct- examination is, " Do you think that you can sit as a juror in this case, and render a fair and impartial verdict upon the evidence as it shall he given to you by the witnesses in the case?" When a challenge is sustained, the juror challenged is dis- charged from the panel, and another juror is called by the clerk to take his place. This proceeds until t'he plaintiff, if it be a civil case, or the prosecution, if it be a criminal case, is satisfied with the compo- sition of the jury. The plaintiffs attorney usually makes that known by "plaintiff's content, your honor." The stenographer should have entered upon his "temporary memorandum sheet" the names of the jurors who have been challenged and left the panel up to this period, so as to be able to inform Court or counsel later on the names of those jurors who have been accepted ; because once a party expresses satisfaction he cannot withdraw it, and object to a juror. Mence, it is often importcuU for the stenographer to be able to tell, quickly, the jurors who were in the box when the panel was ac- cepted by either party, for it is a very common 4 50 Practical Court Reporting. occurrence that a wrangle ensues between counsel as to this point. The plaintiff in a civil case, or, in a criminal case, The People being satisfied with the jury, the defend- ant then proceeds in the same manner to exercise his right of challenge. The proceedings will, of course, be similar to those already taken. It very often happens that the entire panel of jurors drawn. is exhausted by the challenges. If it be probable that the panel can be completed in a short time, the Court has the power to direct the sheriff to summon persons from the bystanders to act as jurors. The persons so summoned are technically known as " TALESMEN." The stenographer chronicles these facts in appropri- ate language, which may be as follows : " The regu- lar panel being exhausted, the Court directed the sheriff to summon (state the number) talesmen from the bystanders, whereupon the sheriff summoned the following named persons (here state the names in longhand)." The examination of these tales- men is conducted the same as above described re- specting jurors drawn from the regular panel. If it appear probable that a larger number of talesmen will be necessary to fill the jury box, the Court generally makes an order, which the clerk enters in his minutes, to the effect that the sheriff is directed to summon from the body of the county a given number of persons as jurors. A brief statement of this should be made by the stenographer ; and, after the return of the sheriff, the // Day in Court. 51 record may be as follows, written of course, in short- hand : "The following persons, summoned as jurors by order of the court, were then sworn and exam- ined " (here insert their names). The proceed- ings upon the examination of these being the same as the others, the record will be continued is before ; that is, as respects matters of form. In criminal cases the jurors, besides being sworn when first called in the full panel, are sworn in each crimi- nal case tried, and this should be noted. Having finally obtained a jury in the case, the stenographer, if he use loose sheets as before referred to, binds those containing the examination of the jurors together in some convenient form, indorsing them appropriately with " Book No. I. EXAMINATION OF JURORS." These should be put away as they will not be needed again during the trial. The record of the remainder of the proceedings may be continued on the sheet upon which the report of the case was be- gun, making an entry in parenthesis " for examina- tion of jurors, see Book No. I." The book upon which the report is continued w ill of course be in- dorsed " Rook No. II." The next step in the trial \x\\\y be a MOTION TO DISMISS Til 10 ACTION upon the pleadings - the meaning of the last term will be explained hereafter — or for some other relief 52 Practical Court Reporting. or order. Usually, however, no motion is made until after the plaintiff OPENS THE CASE to the court and jury. In New York State the plaintiff (unless the Court rules that the defendant has the affirmative) always opens and closes to the ''Opening" the case consists in a brief statement of the facts and circumstances which form the basis of the cause of action ; the reason for the law- suit. It is not necessary, in the absence of a special request from the Court or counsel, to reduce this to writing. It frequently happens, however, that after the opening of the case, the defendant's attorney moves for a dismissal of the complaint upon the pleadings, and the opening of plaintiff's attorney upon grounds, which he states, usually that the plaintiff's opening shows that he expects to prove certain facts, the defendant claiming that, assuming those facts to exist, the plaintiff has no cause of ac- tion. It is then important that the record should show just what the counsel stated to the jury. If the stenographer has not taken it, he should make known that fact at once, and usually counsel will agree upon a statement of facts, which, of course, should be entered in the notes. The Court then rules upon the question raised, and the party against whom the ruling is made " excepts ; " that is, takes exception to the ruling. Both ruling and exception should be entered. Sometimes before the opening of counsel, the defendant's counsel " claims the A Day in Court. 53 affirmative." This is quite important to the stenog- rapher, and his notes should show fully what occurs without slavishly following vcrbathn ct literatim^ the meanderings of counsel through a verbal wilderness. CLAIMING THE AFJ' IR.MA IIVE may be briefly stated to be a claim by the defendant that he has the right to the opening and closing of the case to the jury; that the allegations of the plaintiff's complaint are, either admitted, or not de- nied (in either case the legal effect is the same) by the defendant's answer, and that the answer sets up an affirmative defense, a counterclaim or a set-off to the claim of the plaintiff. If the contention of the defendant be correct, then the situation of the matter is like this : That there is nothing for the plaintiff to prove until the defendant has offered evidence upon that side of the case and rested ; and, if the defend- ant offer no proof, the plaintiff is entitled to judg- ment upon the pleadings. The Court having ruled with the defendant, the latter has the opening and closing, and consequcntl}- proceeds to open the case to the jury. The nature of this step in the trial has just been explained. THE PLEADIXGS. The term " pleadings," as used in New York and other States, means those papers in a case which de- fine and limit the issue between the parties. Generally they consist of the conipjaint, answer, reply and oc- casionally a bill of [1 irticulars, the latter being an amplification of the first two. 54 Practical Court Reporting. THE COMPLAINT. This is the first paper served by the plaintiff upon the defendant which apprises the latter of the nature of the plaintiff's demand, the cause of action. It may be verified — that is, sworn to — or not. It usually closes with a demand for judg- ment, or a prayer for relief, upon the facts therein set forth. To this the defendant may serve, an ANSWER. This paper either admits the facts, the cause of action set out in the complaint, and sets up a claim or de- mand against the plaintiff, or it may deny the whole or a part, or deny a portion and admit the balance of the complaint. The complaint may be as effect- ually admitted by the silence of the defendant in his answer as by a specific admission. The answer is just what its name signifies : Whatever answer the de- fendant has to make to the claim of the plaintiff. In addition the answer may set forth a COUNTERCLAIM OR SET-OFF. That is, it may ask to have allowed a claim, coun- ter to, i. e., against that of the plaintiff, and if the amount claimed exceed that of the plaintiff's claim, it may demand judgment against the plaintiff for the excess. If the answer contain a set-off — i. e., set- ting off one claim against another — it is practically the same as a counterclaim, except that no judg- ment for excess can be given a defendant who pleads a set-off. When the answer simply denies all the claims of the complaint, it is termed a " general de- A Day in Court. 55 nial." To the defendant's answer setting up new matter in tlie form of a counterclaim or setoff, the plaintiff may serve a Rp:rLV, which contains whatever reply the plaintiff desires to make to the defendant's claim and demand set forth in his answer. In New York this is the last pleading served in the case. When the complaint does not specify the items of the plaintift's claim, the defendant sometimes demands A BILL OF PARTICULARS. This is merely an itemized account of the plain- tiff's claim. Likewise, the plaintiff may demand such a bill of the defendant's counterclaim or set-off. At any stage of the triiil, a motion may be made by either plaintiff or defendant to amend a pleading by changing its phraseology, or by adding to it alle- gations not before contained in it. A full statement of this motion, including the language of the amend- ment, should be incorporated in the stenographer's notes, as well as objections, rulings of the Court and exceptions, if any be made or taken. Under what is termed the COMMON LAW PRACTICE, in vogue in some States, but now substantial!}- abrogated in the State of New York, the complaint is designated the declaration, the answer is called the plea, after which follow the replication to the plea, the rejoinder to the replication, the rebutter to the rejoinder, closing with the surrebutter. CHAPTER V. A DAY IN COURT (continued). The trial of a law-suit may be likened unto the painting of a picture, or the production of a play upon the stage. It has its central figures, its fore- ground and background, its lights and its shades. The principal issues — the questions of law and of fact — are the central figures in the foreground, while the collateral issues correspond to the side lights and shadows. As the latter tend to give effect and tone to the principal subject, so do the collateral issues cast light upon the main questions in the case. There is, however, this difference : in the instance of the painting, the incidental features mentioned are, from an artistic point of view, absolutely neces- sary, and, if curtailed, destroy the impression sought by the artist upon the beholder's sight and taste ; while, in that of a trial, the testimony, bearing upon the collateral issues, may, at times, be clothed in abbreviated verbiage without lessening the integrity of the record. A perfect record of a trial will not contain every word uttered by the participants. That would be defective work. Such a report might be made by a mere shorthand-writer, capable of writing at a faster rate of speed than, so far as known, has yet been at- A Day in Court. 57 tained by any one, save the recently graduated youth of a three-months' course " college." It has never been accomplished in actual practice. It can be done by the use of the phonograph, a machine. The court reporter must be anything but a machine. The ideal record of a trial omits much mere language used, while showing every step, every point and all the proceedings, fully and accurately. It is a true pen-photograph of what occurs, developed from the clouded negative. To make such a report of a trial requires a high order of skill and knowledge, and much experience. A jury having been obtained, the case opened and the preliminary motions relative to the pleadings disposed of, the EXAMINATION OF WITNESSES is begun by the plaintiff — unless the affirmative of the issue has been accorded to the defendant, in which case the latter opens to the jury. The name of the witness is called, and, if lie respond, he comes forward to the witnesses' chair. The court crier presents to him the Bible, upon which the wit- ness places his right hand and the former drawls out the word " On ! " The clerk of the court administers the customary oath, the crier commands the witness to " kiss the Book," which he does, and the venerable crier, in a sonorous voice, in a long- drawn syllable, upon which he lovingl)' lingers as he imparts to it a strong nasal twang, sings out the word "S-W-O-R-N !" 58 Practical Court Reporting. Some persons have scruples against being sworn by " kissing the gospels," and are AFFIRMED instead. This ceremony is performed by the sub- stitution of the word " affirm " for the word "swear" in the oath, which is administered to the witness, who stands with his right hand uplifted. Sometimes the witness is unable to understand or speak English, or comprehends and speaks it so im perfectly that the assistance of an INTERPRETER has to be obtained. Interpreters are sworn to truth- fully interpret between the court and jury and wit- ness the testimony given by the latter. The stenog- rapher will make no entries in his minutes of these proceedings except the name of the witness, written in bold longhand characters, and if he be plaintiff or defendant, that word in shorthand following the name, and the name of the attorney who examines him (see page 39). If a witness other than the plain- tiff or defendant be sworn, in the place of writing "plaintiff" or " defendant " after the name, enter in shorthand the words "for plaintiff" or "for de- fendant," as the fact may be. If an interpreter be sworn, enter his name in longhand, followed with this statement in shorthand, " sworn in the case as an interpreter." The reason of writing in longhand the NAME OF THE WITNESS is to make it conspicuous, that it may readily be found in a mass of " hen-tracks." It may be laid A Day in Court. 59 down as a general rule, worthy of close adherence, that the first time a name occurs, it should be writ- ten in longhand. Thereafter it may be written in shorthand This plan will serve two very important purposes, viz. : first, to leave no uncertainty as to the name used, and second, to aid in finding quickly the portions of testimony in which it occurs. The context is entirely unreliable, in almost all cases, to correctly read a name written in shorthand. Hav ing indexed the name of the witness, and the page of the notes upon which it appears, upon the " tem- porary memorandum " sheet (upon which the names of all of the witnesses, with the page, for the purpose of an index, should likewise appear) the stenographer is ready for THE DIRECT EXAMINATION OR EXAMINATION IN CHIEF. The object of this examination is to produce testi- mony bearing upon some, or all, of the allegations of the complaint — to place before the jury the facts. or some of them, which constitute the elements of the plaintiff's claim, or of the defendant's denial thereof '\\\*t scope o{ the examination varies in different cases. It may be simply to prove the execution of a promis- sory note, or of a contract, or the delivery thereof, which requires not more than a dozen questions and answers ; or, it may last for a day, and consist of the rapid detailing of conversations with the defendant or others ; the statement of acts and occurrences, or the description of an injury to the plaintiff by the negligence of a railroad compan\'. Usually the ex- amining attorney begins b)' the 6o Practical Court Reporting. PRELIMINARY QUESTION: Q. Are you the plaintiff? following it with inter- rogatories respecting the age, place of residence, acquaintance with defendant and occupation of the witness. Among the very best court reporters two methods obtain with respect to making up the record of these questions and answers. The majority ot them write the question and answer in full. Others use the NARRATIVE FORM, which consists of a statement of the proposition as serted by the question and answer. To illustrate-. Suppose the following to be an exact transcript oj what occurs : " Q. You are the plaintiff?" "A. I am." " Q. What's your age ? " " A. I am 23." " Q. Where do you reside ? " "A. In New York." " Q. What is your business ? " "A. Well, Fm not doing anything just now; but I have been engaged in practicing law." " Q. You know the defendant ? " " A. Yes, sir ; to my sorrow." This would be written in the narrative form as fol- lows : " I am the plaintiff; my age is 23 ; I reside in New York ; I am not doing (or engaged) in any business, but I have been engaged in practicing law ; I know the defendant." The use of the narrative form., in the instance above given, turns out as ac- curate a report of the proceedings, as far as illustrated A Day in Court. 6i above, as the question-aiid answer style. The state- ment of every fact testified to by the witness is as faithfully spread upon the minutes as if the whole question and answer had been written. Exception may be taken to the omission of the words " to my sorrow " in the last answer. They are intentionally and properly omitted, being irresponsive to the ques- tion, and immaterial to the issue; and, if objected to upon those grounds, in connection with a motion to strike them out for that reason, would be stricken out by the Court. It often happens that such a vol- untary statement will be appended by the witness to an answer that fully and completely replies to the inquiry of counsel ; the opposing counsel moves on the grounds stated to strike it out. The Court turns to the stenographer remarking " I don't suppose the stenographer took it ; if he did, it may be stricken out." Generally, when the objection is made, the counsel upon whose examination the irresponsive answer occurred, instantly consents to strike it out. The stenographer will save his nerve-force and re- lieve the monotonous tedium o( note-taking by omit- ting to record such clearly irresponsive answers. Still, judgment and discretion must be exercised in respect to this matter. It may happen that an ir- responsive, voluntary statement tacked to an answer by a witness uf)in\ direct-examination will be referred to by the cross-examining counsel, and a number of questions may be based on it. If the voluntary statement is as irresponsive as that instanced above, the stenographer cannot properly be criticised or censured for omitting it. It is unhesitatingly stated, 62 Practical Court Reporting, that it is unnecessary to use the question-and-answer method in reporting these preHminary questions. It may at the option of the stenographer be used. It is not necessary, for the reasons above given, and for the additional reason that it lessens the expense of transcripts, especially in long cases, and, at times, cuts down printers' charges for printing the case for use upon appeal. The narrative form is used by some first-class court reporters in taking parts of testimony relating to collateral and incidental issues. One instance of this will suffice to illustrate its application. The char- acter of a witness may be impeached by the testimony of witnesses that his reputation, in the communit}' wherein he resides, for truth and veracity, is bad. This testimony may be rebutted, by the party calling the witness whose character is attacked, by the testi- mony of other witnesses to the effect that the character of the witness in this respect is good. When both plaintiff and defendant have introduced testimony upon this subject it raises a question of fact for the jury to pass upon. It is a collateral or incidental is- sue, to the main or principal issues in the case. The most of this testimony is sometimes taken by some stenographers in narrative form. Extended use of the narrative form is unadvisable ; its judicious use is to be commended, and in justice to the pocket-books of litigants, ought to be resorted to whenever practi- cable without impairment of the record. It demands on the part of the stenographer close and intelligent attention to the subject-matter reported, and the ability to at least " carry " a question and answer. A Day in Court. 63 It is more feasible with a witness who speaks deUber- ately and ^grammatically than with one who is jerky and ungrammatical of speech. Incidentally it may be stated, that THK RAPID Wn.NESS, who clothes his ideas in grammatical language dis- tinctly uttered, is more easily reported than he who speaks moderately fast, but interjects such words as " he says, says he, " speaks a part of a sentence, changes it, " goes ahead and backs up " and jumbles words, sentences and parts of sentences in intricate confusion. Let the utterance of the last witness be indistinct or let him talk rapidly, and he will cause a stenographer a great deal of trouble. Heroic meas- ures must then be resorted to. Insist upon a witness repeating answers that are jumbled and indistinct, letting him understand, if possible, the reason for the repetition. He will then usually make an effort to do better. While alluding to the rapid witness, some sugges- tions may be given to a young stenographer which will aid him, as well as his more experienced brother, in innocently stopping such a witness in a rambling statement of a conversation or of facts and occur- rences. If he be hard pressed by the volubility of the witness, let the stenographer ask him to repeat names of persons and places, of dates, amounts, gestures and anything in fact that, to the observer, would appear to be a natural repetition. This sug- gestion has never been patented. Resort to this " trick of the trade " can be justified by precedent. Frequently in conversation, in slow dictation of 64 Practical Court Reporting. matter taken in longhand, in the comparison of papers, and in many other instances that will readily occur to the reader, the person speaking or reading is asked to repeat figures, dates, amounts and names of places and persons. It is done usually to verify the listener's understanding of the language used, and why should not the stenographer have the same opportunity? Some may say, that, upon the same principle, the entire testimony of the witness should be repeated. Not so. The context may be relied upon to verify many matters, but, as before remarked, it is unreliable as respects names, dates, amounts and gestures. Very often a question is put to the witness upon which the opposing attorney addresses the Court with " I OBJECT." The attorney conducting the examination, knowing, it may be, that the question is improper, asks an- other question before the Court can rule upon the one preceding. The opposing counsel not objecting to the last question, the witness answers it. The first question, under those circumstances, is deemed to have been waived by the attorney who asked it. It is surplusage and may be stricken out by running the pen through it — unless it be desired to " pad " the transcript. But, suppose the first question be amended by inserting or adding a modifying clause to the question, and the objecting counsel waives his objection to the amended question. The sten- ographer merely strikes out the objection as taken, or v,rrites " objection waived." If, however, no ob- jection he made to the first question, and, as fre- A Day in Court. 65 quently occurs, counsel repeats it two or three times, and the proposition of the original question remains the same in its repeated forms, but clothed in different verbiage, it is unnecessary to re-write the question in its repeated form. If, as occasion ally occurs, counsel desire to repeat to several wit- nesses a question put to some other witness, an entry should be made in the notes referring with absolute certainty to the question repeated. This can be done by stating the page of the notes on which the question to be repeated is written, and writing the opening and closing words of it, adding in short- hand, the statement, "question repeated." The remaining words may be inserted when opportunity occurs, or at the time of making the transcript. When a witness has partly answered a question, and refuses to complete the answer, or if, for any reason, the answer remain incomplete, and the examining attorney repeats tiie question, make this entry in shorthand : " last preceding question repeated ; " or if it be the first, second or third question preceding the last that is repeated, state it in that way. The point sought to be made clear to the reader is this : prevent, as much as possible, the labor of writing and make the reference to the question repeated so definite that no doubt can afterward arise as to which question was repeated. The stenographer must constantly bear in mind that his labor is a con- tinual drain upon his vital force and energy ; that the nervous system may be taxed to its utmost ca- pacity without interruption for hours, and his mental faculties be strained to the verge of exhaustion. These little " waits " attendant upon repeated ques- 66 Practical Court Reporting. tions in a rapid and intricate examination will give him momentary relief; and with the expedient of using the " narrative form " at times, the repetition of names, dates, etc., by the witness, and digesting, instead of reporting, arguments and objections (when the grounds of the latter are not specifically stated) will enable him to undergo the nerve and brain ex- hausting character of his work. These labor saving devices, inconsiderable when regarded separately, yet in the aggregate of a day's work, make a grand total that deserves the consideration of every sten- ographer who has regard for his mental and physical welfare. They are to the stenographer what the oases of the desert are to the weary traveller — re- freshing and recuperative. The examination of a witness by counsel may be interrupted by one or more QUESTIONS BY THE COURT. These and the answers made to them by the witness must be taken, the first question being introduced by the words (written in shorthand on the line above the question, and over the first part of it) " By the Court." The Court having asked such questions as desired, the counsel continues his interrogatories to the wit- ness. The first of these should be prefaced by the words in shorthand, " By counsel," to distinguish them from those asked by the Court. It is unneces. sary to write the attorney's name, that having ap- peared below the name of the witness when the ex- amination began, and it will be understood that the same counsel continues the examination. If, how ever, a different counsel, but upon the same side of A Day in Court. 67 the case as the first, continue the examination, enter the words in sliorthand before the first question " By Mr. Jones" and continue the record as before. Oc- casionally QUESTIONS BY JURORS are put to witnesses. These should be treated in the same manner as questions by the Court, substituting the words " By a Juror " for " By the Court," written in the same manner and in the same place as sug- gested for the latter. If a question by one juror give sufficient assurance to another to ask a question, write the words " By another Juror" in the same manner and in the same place specified for the last entry. The form of the last entry may be used if several jurors ask questions. During the examina- tion of a witness by the Court or jurors, the opposing counsel sometimes interjects one or more questions to the witness, which the latter answers. These should be taken, indicating in the same manner and place as above stated, by an appropriate entry, the name of the counsel interjecting the question. The main examination being continued after these inter- rupting questions by the Court. jur\- or counsel, write the name of the counsel conducting it before^ and on the line above, the first question of the con tinned examination. Questions by the Court, b\- jurors and by opposing counsel are subject to ob- jection, and the instructions hereafter given in this chapter respecting objections, offers to prove, rul- ings, holdings, remarks and exceptions apply to these three classes of questions. 68 Practii-al Court Reporting, Among the difficulties which the stenographer will encounter are GESTURES OF WITNESSES. In response to a question, a witness to an assault upon the plaintiff by the defendant, may put his hand to his head, and not utter one word. If the stenog- rapher can write and, at the same time, temporarily watch the witness (which can be easily learned by practice) he will have no difficulty — provided he can plainly see to what part of his anatomy the wit- ness points — in describing the gesture. Assuming that the stenographer can do this, the answer to the question will be a statement in the record of the fact, (in parenthesis) that the "witness points — or pointed — to the left ear," or "to the forehead im- mediately over the left eye," or " to the calf of his right leg just below the knee on the inside (or) out- side." The witness may use the word " there " or "here" in indicating the spot. In either case, the word used should be taken, and the memorandum, just referred to, be written, following such word on the same line in parenthesis. The stenographer in a rapid examination will have to be a quick thinker and observer to surmount this difficulty. If he can- not " get " it, let him not hesitate to " throw the ink- bottle" at the enemy — stop the witness and have him point out once — yes, twice or three times, if necessary — the exact spot referred to. It is very ludicrous to watch the maneuverings of some wit- nesses when asked by the stenographer to again in- dicate the part of the person to which he has pointed. Having first touched the right ear, on the second at- A Day in Court, 69 tempt he prefaces the act of pointing with : " Well, now, I dunno, mebbe 'twas t'other car." He then puts the tip of his index finger on the ''precise" place ; having done which he shifts uneasily in his chair, studies the ceiling for an instant, when a look of serene satisfaction steals over his face as he ad- dresses the amused knight of the quill with, " I'll be hanged, mister, if 'twant t'other arter all." The risi- bilities of the hangers-on of the court-room having returned to their normal condition, the witness is asked to state which way the defendant went after striking the plaintiff He replies "Well, I dunno. What's the name o' the street — I aint much used to bein' here, but supposin' this to be the corner, he went off that way." The only treatment for an answer of this kind is to specify as nearly as possible the part of the object which the witness indicates as the corner, stating the fact in parenthesis in the answer after the word " this." For instance, if he point to the corner of the judge's bench, the counsel table or the clerk's desk, it may be stated in the case of the former in this wise : (pointing to the corner of the judge's bench). After the word " that " state in parenthesis the direction indicated by the witness as having been taken by the defendant as correctly as possible, in this manner : "(pointing to the right or left)." The last class of parenthetical statements are of little value for future reference because of being very indefinite, while the first class point with unerring certainty to some object which may be afterward identified. 70 Practical Court Reporting. OBJECTIONS AND EXCEPTIONS are of grave importance to the stenographer. The office of the former when made to a question is to bring to the attention of the Court the reasons of the attorney making it that the question propounded to the witness should not be answered. Sometimes an objection may go to the competency of the witness, and not to the question. That is, the question is proper, but the witness for reasons stated is incom- petent to testify upon the subject embraced within the question. An objection may also be made to papers offered in evidence. In fact, objections strew the pathway of the court reporter at every step in a judicial investigation. For the purposes of this book, these will be classi- fied into REGULAR AND IRREGULAR OBJECTIONS. It must, however, be understood that the terms used in this classification have no legal import. A regular objection is one in which the grounds of objection are formally stated by the objecting attor- ney. It has a beginning and an ending, clearly defined, and its grounds are very often numbered as first, second, third, etc. With such objections, no difficulty will be encountered. The attorney making it usually prefaces it with : " I object to the answer as — " or " If your honor please, I object to the ques- tion as — "supplementing this statement with the grounds of objection. In some States there are sev- eral grounds of objection used, beginning with the letter " I," which no doubt the reader has frequently A Day in Court. 7 i heard stated during the course of a trial. These are " immaterial, irrelevant, incompetent, improper, ille- gal and indefinite." When an attorney repeatedly urges these stereotyped objections, he is, in the lan- guage of lawyers, " getting in all the" i's." Objections, and arguments based upon them, arc the delight and joy of the tired scribe. Having photographed the lingual gymnastics of a glib lawyer through the mazes and intricacies of a long cross examination of a voluble witness, suddenly the opposing counsel deftly throws the lasso of a long ten-ground objec- tion about the throat of his opponent, and the stenographer, chuckling with fiendish glee, coolly set- tles back in his seat and watches the wordy contest of the combatants. A laughable incident once occurred in the trial of a case before a justice of the peace in one of the counties of New York. The justice was old and rheumatic, and had impressed into his service, as clerk, a young man, distinguished in the " deestrick " as a ready writer. One of the attorneys, noted in his neighborhood as the cham- pion objector, had been unusually prolific in objec- tions in the case on trial, having several times, with cool and systematic persistency, exhausted all the " i's." Beginning a new objection, and having again travelled by easy stages through all the " i's," he was about to embark on "sixthly," when the vener- able dispenser of justice, rising upon his uncertain and tottering legs, with one eye on the objecting attorney, leaned over to the clerk, and in an audible whisper, said, " Charley, when he gets through, you put down objection overruled; I'm going out to get 72 Practical Court Reporting. a little fresh air," and disappeared through the door- way, leaving the dumbfounded attorney to the un- sympathetic jeers of the country bumpkins who were watching the trial. IRREGULAR OBJECTIONS require irregular treatment. Sometimes they admit of digesting, i. e., stating succinctly the points made by an objecting attorney in a rambling argument. At other times the only safe method to pursue is to report verbatim the argument of the objector. A knowledge of the habit of counsel with respect to clearness of statement of propositions will enable one to determine whether to digest or report in full the argument. Some attorneys desiring to object to a question as " immaterial " will talk for ten minutes and perhaps not make use of that word ; yet, if the stenographer comprehend the question before the Court and the argument of counsel, he can confidently enter in his minutes " Objected to as immaterial " knowing that such entry truthfully presents the ob- jection made. Sometimes it is well to supplement the objection with the words " counsel insisting," then adding in condensed language the reasons given by the attorney that he regards the question as im- material. Other attorneys, more logical of thought and precise in statement, will object in a manner similar to this: "If your honor please, I desire to object to the last question put to the witness by the plaintiff's attorney upon the following grounds : Now it appears, if your honor please, that this question calls upon the witness to perform a mental operation as to certain facts and asks him to give a conclusion A Day in Court. 73 based upon those facts. This question is incompe- tent and improper for that reason. The question is also improper for the reason that it does not state the time and place of the occurrences therein specified and is indefinite and uncertain. And, , 90, 96, 97 103, 1(» Testimony 222 Testimony closed 225 Title of case 221 Transcripts 172. 173, 221-231 Verdict 230 Witness 222 Frequent Words : Alphabetical list of 206-212 French Law Terms.. 212-221 Glossart of L.aw Tf,rm= 212-221 Grand Jury : Calling and charging 33 Direct-examination before 138 Finding indictment 137.1.38 Organization, powers, etc 137-141 Presenting indictment 33. 34 Stenographer to 137. 140 Holdings by thf. Court : At close of testimony 114, 115 Defined and explained 76-(/ Impeaching Witnesses 62 Indented Form (defined and ex- plained) 91,92.112, 154 Indictment : Defined 141 Reading to defendant 136 Who may be present when found. 137. 138 Inquest 38, 39 Index. 235 Page. Interpreter (defined) M I«SUES : Collateral 62, W. >.il Main 119 Notes of \:\ H Judgment by Default 36 .UmoKs : Kxcuses of .il Surrogates' an2 " " of complaint 109 " new trial 129, 130 " nonsuit 109 Respecting indictments Ill To direct verdict 109 " set aside verdict 129, 1.30 Names : Inilexing .^8 Of witnesses 41, .W, 59. 91, 153 Narrative Form: Deflned, use of. Instances, etc 60-63 89, 9t, 112, 140 Natural Phrases 1.59, 160 Nonsi-.nsr: A facetious attorney 1,'W) Block .histices 134, 1.35 Constable, the sleeping 113 Counselor Tnu'inntton's speech.. 1 16-1 17 Delirium Tnmi tm JO, 17 Fleas and ctiainrli'niis 170 Ghostly dance of Verbal Cannibal. 122 123 Lassoed lawyer, the 71 Old soldier 127, 128 Phonographic facetla? 1.50 Page. Nonsense — Continued : Rheumatic lustice, the 71, 72 Witness, the rural 84. 85 till? vindictive 85 the uncertain 68, 69 Note Books versus Loose Sheets.. .164. 168 Notes : Dictation of 107, 168, 169 Not shaded 103 Of issue 13, U Pen or pencil '! 101 Punctuation of 16o, 161 Si/r. and how written 1.55. 156 'I'l-jn-cription of 10,5-177 Vocalization of 1.55 Numkhals (considered) 1.57 OllJECTIONS : All the is 71. 72 DIgesiing 20. 21 Regular and Irregular 70-76 Repeated 74 'I'o exhibits 75 " depositions 102 Offers to Prove or Show. ...74, 75, 77, 78 Opening Cask : liv defemliiiit Ill " plaintitt. 52 Motions upon 52 Paper: In general 102, 164, 171, 199, 200 Parenthetical Statements. .51. 68, 69, 70 8.5, 86, 87, 103, 104 Pen or Pencil Notes ? In general 161, 162 Photographs and Maps : As exhibits 99, 100 Phrasing: In general 157 Natural 157. 158 Rule for I'* Plaintiff Re.sts 108, 1U9 Pleadings 52-55 Preponderance or Evidence 121 Prisoners : Arraignment of. 30,37, 135, 136 Public, the Dear S2, 113, 169 Punctuation : In general 100, 161 Of entries respecting motions Ill Of iiotes, cannot be omitted ;6(J Questions : By Jurors, counsel. Court, and ob- jections t" 66,67, 68 Qualifications of Stenographer. „. 18-28 Reading Exhibits 97 Reading and Transcribing Notes.149-177 Reading Notes : CoiUldence 152 For six davs 151, 1.52 Oinerally 82,83. 118, 149. 150 llowtoread 15.5 In patent cases 149 236 Index. Page. Reading Notes — Continiieil : Of entire case 15(), J51 '■ charge of Judne 120 " questions 82 On motions lOy " rebuttal 112 '■ summing up 95 Stenographer as wi.ness 150 Rebuttal 112, 113 Re-Cross- Examination y5 Re-Birect-Examination : Defined, ob|ect ami scope '.il, Ho Reference Reporting : (ienerally 15, 16, 17, UO, 147 Remarks of the Court : In general 77 Exceptions to 80 Reply 55 Requests to Charge 121-122 Ruled or Unruled rAPEii? 166 Rules (general): Phrasing 158 What to omit taking 37, 99 When names written iu longhand. . . 69 Rulings by the Court: At close of testimony ill, 115 Exceptions to 80 Generally 52 Upon motions to set asine verdict, and for new trial 129, 130 objections 76 Requests to charge Jury 125, 126 See-Sa-sting 113 Speech of Oounselob Tuumutton. 116-117 | Stat of Proceedings 131 Stenographer-Law 178-205 Stf.nogkaphers : ( Vidt " Art vice and Suggestions to ") Always writing 29 Appointment, etc 18-22, 178, 179 "Arm " of court 105 "Blind" 22, 23,77,82, 120 "Carrying " matter 25, 63, 123 Compensation of certain 19i Competency 23, 21. 166 County Courts 191-193 Court "of Appeals 178, 179 Pecisions of courts respecting ....200-205 Dictating notes 167-171 Knemy of (in court) 25 Exceptions, taken by 10 Finding testimonv 91, 112 Fees of, who liable for 201-202 Foe of. 30-32 (ininrt Jury 1.37, 19,3-195 " Hold mirror up to nature " 29 Knowledge of. 26. 27, 28 Legal status of 201 Mecca of. 83 Methods of. 24 Minutes of, who entitled to 202 Need not be lawyer 26 Not a machine 87 Obtaining order for transcript. ...204, 205 n., .V.,.:, ■'♦.,„='• 24, 88 Page. Stenographers — Continued : Qualifications of 18-28 Reading notes— 1 viilt). Should mark exhibits 103 " follow arguments 117-118 " Snags, " in notes of 22, 82, 91 Stage fright 83 Special terms 190, 191 Statutes relating to 178-200 Supreme Court 179-190 Surrogates' Courts 195-196 "Throwing ink bottle" by.. ..25, 26. 68 86, 99, 102 Transcripts of— (I'lV/c). Veteran 25 Waterloo of. 24 What not to take— (ride). to read 27,28.145, 146 " lake (generally) 20,49,98 Stenography: Its use in court 9,10, 11 Stipulations : Defined 106, 107 Respecting exceptions 81 charges 176, 177 Suit (defined) 148 Summing Up 115-117 Supreme Courts (vide Courts). On their taps Pare- thetical statements Pre-paynient of fees of.... -(vide). 202 Talesmen 50 Temporary Memorandum Sheet: Defined, use of and instances 43, 44 49, .59.91, 112, 153, 1.54 Testimony : Closed 113 Diflerence between and evidence.120, 121 Exhibits 75, 96-101, 103-105 Finding 91, 117, 153, 154 Medical 144, 145 Objections to 70-76 Of foreign witness 101 Reading— (firfe Reading Notes). Transcribing Notes: Different from copving 163 (vide, "Reading and transcribing notes"). Transcripts: Binding 171,172, 196. 197 Comparison with notes 174 Cost of. 77 Court follows 80 Cutting down fees for 110, 112 Daily 169, 170 Duplication of I'l Fees for 169, 179, ISO. 202 How treated .....197. 198 Index for 173, 174 In gener.nl 165-177 Lien of stenographer upon 175 Number of folios in 174, 175 Order to make 204, 205 " Padding" 64 Paper for 171, 199, 200 Pen-and-ink 167 Six big pennies for 169 Synoptical form for 172, 173 Typewritten 167 Various methods of making 167-169 Who entitled to po.ssession of 202 Index. 237 Pagp. Trial. Tbe 3.S-132 Answer ^< "Bear dunce " So Bills of purticulars 65 OallliiK liiry 41 ChnllciiKiiiK lurors 42-5() Clainiiii;; altlnnallve M, 53 Collalfiul Issues 62, i«) Conmion law practice 55 Complaint 54 (!ounsel, how seatcil 41 Cross-examination H8-yl Exceptions upon 52, 7fi-80 Dates from llrsi ilay of term 42 Dlrect-exaniination..59,60, 88. 'jO.lO-i, 138 Exhibits— (I'lWfi). KlnMiiiK testimony 91, 112 Forms for use \ipon—(i'K/p Forms). IIoldiiiKS by Court 76-77, lU, 115 ^\\\■\^—(\'i(le). Impeaching witness upon 62 IiiMUest 38, 39 Motions— (uirfe). Names 159 Nature of 56. o7 Objections upon 20. 21, 70-76 Otters to prove or show 74-76 Opening the case 52 Perfect recorii, what is 56, hi PlaintltT rests 108, 109 PleailiiiKS .52, .53, 54. 55 Presiding Judjje does not direct what to take .32 Reference cases 15. 16, 17. 146, 147 Uemarks of Court 77. 80 Renlv .55 Rulings 45.52,76, MO Stenographic notes, form of 39, 42 Stipulations 81 Temporary Mom. sheet— (vtrf«). "Throwing ink bottle"— (rirfe). " Tricks of the trade "—(vide). What not to lake— (»ide). Witness -(vi(/e). "Tricks of the Trade" 63. 64, 66, 118 TtPKWR ITERS 167 Ventilation: Defective and effect of 30. 31, 32 Verdict: Entry of. Iti minutes 129 Motion to set aside 129. 130 Proceedings subsequent to 129 What Not to Take: Arraignment of prisoners 36, .37, 136 Counsel swearing at Court 1.3fi Every word uttered 56, 67 Excuses i)f Jurors 34 General rule 37 Page. What Not to Take — Continued : Grand Jury .^3. 139 Immaterial answers 60. 61 .ludgment by default 36 Motions, tx parte 34 contested 34. 36 Opening Court 33 of ca>e 52 Questions waived 64. 65 Respecting exceptions 81 Talk bet ween counsel and wltness.83, 84 What to Take: Adjournments 107 At I lose of testimony 114 liringing jurv into court 128-129 Date of trial 42 Kxhibits submitted to Jury 128 In general 32 Motion fur new trial 129, 130 to set aside verdict 129, 130 Presiding Judge does not tigc ()jj. \,June, igo2.\ Instruction Books. The Manual of Phonography. [430th Thousand.] By Benn Pitman and Jerome B. Howard. Designed for instruction in Schools, Academies, Business Colleges, etc., as well as for self-instruction, in the art of Shorthand Writing. The proper book for the beginner. It contains a complete exposition of the system, from its simplest principles to the reporting style, arranged in alternate and opposite pages of explanation and phonographic exercises. Every principle is copiously illustrated with engraved examples for reading, and exercises in the ordinary type for writing and dictation practise. A mastery of this book fits the student to act efficiently as a business amanuensis and lays the indispensable foundation for reporting skill as developed in the Reporter s Companion. Revised, enlarged and improved. 200 pp., i2mo, cloth $1 00 The Manual is also issued in a special leaflet edition, for the use of teachers by correspondencj. This leaflet edition is identical with the regular edition, except i- t!ie matter of physical make-up. Each page is printed on a separate leaflit, on one side of the paper only, and the pages are collated in a convenient box, from which the teacher can remove any desired page without di-^turbing the others. The price of the leaflet edition is the same as the regular edition In ordering, always mention expressly the " leaflet edition." The Phonographic Reader. By Benn Pitman and Jerome B. Howard. Designed to accompany the Manual. It affords the necessary reading practise in the corresponding style. The selections are taken (by permission) from "McGuffey's Revised Fifth Eclectic Reader," which may be used as a key. 52 pp., l2mo, paper, 25 The Phonographic Copy-Book. Made of double-ruled paper, such as is used by most reporters, but with the lines wider apart for the learner. This paper is especially useful to the beginner, and assists him to acquire a neat and uniform style of writing. Paper, 5 cents; postpaid 7 Per dozen, 50 cents ; postpaid 65 The three books last mentioned form a set, from which a perfect knowledge of this time- and labor-saving art may be acquired by any one without the aid of a teacher. The set will be sent, postpaid, for i 25 The Second Phonographic Reader. By Benn Pitman and Jerome B. Howard. Contains reading exercises engraved in easy reporting style, and is keyed by "McGuffey's Revised Sixth Eclectic Reader." 52 pp., i2mo, paper 25 The Reporter's Companion. By Benn Pitman and Jerome B. Howard. A Guide to Verbatiin Reporting; for professional re- porters and those who desire to become such. In this work, which should be studied only by those who have first mastered the Manual 2 of Phonography, the Principles of Abbreviation used in the Brief Reporting Style of I'honography are clearly explained and amply illustrated. Thousands of reporters have acquired their ability to write verbatim with no other instruction than that afforded by this and the preceding set of books. 187 pp., i2mo, cloth i 00 The Phonographic Dictionary and Phrase Book. By Benn Pit- man and Jeku.mk B. Howard. Contains a vocabulary of 120,000 words, including every useful word in the language and a large nuin ber of proper and geographic names, legal, scientific, and technical terms, engraved in phonography with a parallel key in ordinary type. Concerning each word inlurmation is given on the following points: I. Spelling; 2. Accentuation; 3. Pronunciation; 4. Capitalization; 5. I'ully- vocalized (or Corresponding Style) phonographic outline; 6. Reporting Style outline ; 7. Compounding; 8. Principal phrases which it begins. The phonographic outlines are clearly and beauti- fully engraved, no roundabout, complicated "nomenclature" being employed. [Specimen pages will be sent on request.] 552 pp., 8vo, cloth 3 00 Business Letters. No. i. — Miscellaneous Correspondence. Written in the Easy Reporting Style of Phonography, in accordance with the Manual of Phonography. By Benn Pitman and Jerome B. Howard. The letters have been selected from actual correspond- ence in various branches of business, and, being free from difficult technicalities, are such as will furnish the best practise for young students of shorthand who are ready to begin fitting themselves for the duties of the shorthand correspondent or business amanuensis. With Key printed in fac simile typewriting, furnishing correct models for the transcription of the student's notes on the typewriter. 52 pp., i2mo, paper 25 Instructions in Practical Court Reporting. By H. W^. Thorne. The standard work on this important subject. Exemplifies, explains and instructs as to all the details of trials, teaching the shorthand writer how to use his skill in making a report. Contains valuable suggestions to lawyers and law students found in no other work. Has received emphatic testimonials from official court reporters, judges, lawyers, law lecturers, teachers of shorthand and the press. 237 PP-. 121110, cloth I GO Books Printed in Phonography. On Self-Culture, Intellectual, Physical, and Moral. A vade mecum for young men and students. By John Stuart Bi.ackie, professor of Greek in the University of Edinburgh. Printed in the Easy Re- porting Style of Phonography in accordance with the Miimtal oj Phonography by Benn Pitman and Jerome B. Howard. 67 pp., i2mo, paper 35 3 Plain Talk. By C. H. Spurgeon. Written in Corresponding Style. 32 pp., i2mo, paper 25 The Legend of Sleepy Hollow. By Washington Irving. In Easy Reporting vStyle. 31 pp., l2mo, paper 25 Sindbad the Sailor. From the "Arabian Nights' Entertainments." In the Easy Reporting Style. 45 pp., i2mo, paper 25 [See also The Phonographic Library, page 6.] Typew^riter Instruction Books. The Touch Writer. A text-book for self- and class-instruction in the art of operating the typewriter without looking at the keyboard. By J. E. Fuller. Shift-Key Edition, designed for the Remington, Densmore, Fay-Sho, Underwood, and other writing-machines having a shift-key and the "universal" keyboard. 48 pp., oblong 4to, paper 5° Double- Keyboard Edition, designed for the Smith Premier, Jewett, Yost, New Century Caligraph, and other writing-machines having a double "universal" keyboard. 48 pp., oblong 4to, paper 50 Remington Typewriter Lessons, for the use of Teachers and Learners. Designed to develop accurate and rapid operators. By Mrs. M. V. Longley. 48 pp., 4to, paper 50 The Smith Premier Typewriter Instructor. By the Eight-Finger Method, in which the most rapid and least tiresome mode of writing every word correctly is clearly indicated, including suggestions and exercises for acquiring the art of writing by position, without looking at keyboard ; containing also practical exercises in correspondence, business and legal papers, testimony, contracts, specifications, orna- mentations, etc., etc. By Elias Longley. 48 pp. , 4to, paper, 50 The Yost Typewriter Instructor. By the Eight-Finger Method, etc. By Elias Longley. 48 pp., 410, paper 50 The National Typewriter Instructor. By the Eight-Finger Method, etc. By Elias Longley. 48 pp. , 4to, paper 50 Longley's Typewriter Instructor. In accordance with a scientific keyboard, etc. By Elias Longley. 48 pp., 4to, paper 5c 4 Miscellaneous. How Long — A Symposium. — Consists of cnntributions on the length of time renuiicd lor obtaining verbatim speed in shorthand writing, from the fi>llo\ving eminent reporters: Jerome H. Allen, Eliza B. IJurnz, Cha-s. V.. Weller, \Vm. A. Crofhit, H. W. 'Ihorne, Henry M. Parkhurst, Spencer C". Rodgers, Daniel C". McEwan, Thomas Allen Keed, \Vm. Whilford, Edw. ]!. Dickinson, Philander Deming, Julius Woldemar Zeibig, Benn Pitman, 'Iheo. E. Shuey, Thos. Towndrow, Theo. C. Rose, Sherburne Wesley Burnham, \Vm. I lenry Burr, Elias Longley, Dennis E. Murphy, Edw. E. Underbill, Adelbert P. Little, Chas. C. Marble, John B. Carey, Erederic Irland, David Wolfe Browne. A remarkable assemblage of opinions and experiences. Full of happy suggestions to teachers and self-instructed learners of shorthand. Illustrated with a finely-engraved portrait of each con- tributor. 189 pages. Paper, 50 cents ; Cloth 75 The Teaching of Shorthand. By 0. A. Clark. This essay was awarded a pii/.e of '1 wo Hundred and Eifty Dollars oflered by the editor of the Plnmoi^n-aphic Mai^aziiie, in which it was originally printed. U should be read by every progressive teacher of shorthand, regardless of systems. Paper , 25 The Mastery of Shorthand. By David Wolfe Brown, Official Reporter, National House of Representatives. An essay on mastery by a master. One of the most important contributions to the litera- ture of shorllumd pedag(jgy. It deserves an attentive reading by every thoughtful teacher of phonography. Paper 3$ Phonography— What it Is and What it Does. By Bp:nn Pitman. Gives a concise account of the nature and capabilities of phonography (including a compend of the art, with engraved examples accompanied by key-words); also a brief historical account of the origin and devel- opment of phonography in England antl America. Paper 3 Special imprint editions for teachers at greatly-reduced rates. Baby Talk. A text-book for Babies on the Art of Learning to Speak. By P. W. .\ happy thought, happily formulated by a phonographer, for assisting parents to lead very young children, unconsciously to them, into a knowledge and correct use of the phonetic elements of English. Paper 25 The Dictater. A Collection of Graded Dictation Exercises for the use of Teachers and Students of Shorthand. By Mina Ward. Consists of exercises suitable for class-room dictation, counted and arranged to facilitate reading at any desired speed. The exercises are also ar- ranged in order accoi ling to tiie average number of syllables in the words which each coi tains. Cloth I 00 The Stenographer's Dictation and Form-Book. A guide to practical work for students in shorthand and typewriting, containing court records, business letters, and law forms. By Clayton C. Herr, (Official Reporter of the McLean County, 111., Circuit Court since 1876,) and Anna M. Campbell, assistant. Cloth, 262 pp i 50 The Game of Shorthand. An amusing and instructive game of cards for shorthand writers as well as for those unacquainted with the art. While playing this game all the leading principles of Phonography can be learned. Can be played by any number of persons, and delights young and old alike. In box, together with rules for playing 75 Divided Proverbs. A new, amusing and instructive game for every- body ; but especially intended for teachers and students of the English, German, French and Spanish languages. The game is composed of well-selected proverbs from the languages above mentioned. Each proverb is divided into two parts, and each part is on a separate card. Rules for playing a fascinating game accompany each set of cards, 50 Periodical Publications. The Phonographic Magazine. Edited by Jerome B. Howard. Publisht once a month. Each- number contains beautifully-engraved Phonography, mostly in Brief Reporting Style, with Key ; facsimile notes and portraits of celebrated reporters, besides original and con- tributed articles of general phonographic interest. The Magazine is now in its seventeenth volume, is a periodical complement to the text- books, and the authentic organ of the Benn Pitman system of Phonog- raphy. Subscriptions may begin with any number. Specimen copy free. Price, per annum (invariably in advance) i 00 Vols. I to XVI (except Vol. VI, which is out of print), bound in cloth, each 2 00 The Phonographic Library. Each number contains a complete work of standard literature printed in Brief Repordng Style. All back numbers can be furnisht except those markt *. Either series finely bound in cloth I 75 Single numbers 10 First Series. No. I. Sir Roger de Coverley, by Joseph Addison ; 2. Perseus, by Charles Kingsley; 3. The Greatest Thing in the World, by Henry Drummond ; 4.