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.
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"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, <renerally, 1
object to the question as immaterial and irrelevant,
incompetent and improper, illc<^al and indefinite."
This objection might be digested, and should be
written in shorthand, as follows:
" Objected to as incompetent and improper, call-
ing for the operation of the witness's mind, and call-
ing for a conclusion. Also that the question is
improper, because it fixes neither the time nor place
of the occurrences specified in it, it being indefinite
and uncertain. And, generally, as immaterial, ir
relevant, incompetent, improper, illegal and inde-
finite."
Having made a " regular" objection, an attorney
will sometimes, during the argument ensuing upon
it, urge upon the Court grounds of objections in ad-
dition to those already stated. He m:iy intimate to
the stenographer that he desires such additional
grounds added to the objection already stated ; or
he may not. In the former case, the reporter adds
the grounds to the objections already made con-
tinuing the sub divisional numbers. In the latter
case the additional grounds ought to appear, as the
Court may sustain the objection on those grounds,
without formally stating it in the ruling. Such ad-
ditional grounds of objection should be digested as
above stated and added to those already written.
A custom, very much in vogue in stating objec-
74 Practical Court Reporting.
tions, is, to make the same objection as before stated
to similar testimony. For instance, suppose a long
objection be made to a question. The Court rules
that the question is proper and permits the wit-
ness to answer. Several questions, relating to the
same subject-matter as that to which the objec-
tion is made, follow, to each of which the objecting
counsel interposes this objection : " Objected to on
the same grounds stated in preceding questions re-
lating to the same subject," or "same objection as
before." The stenographer makes this entry in his
notes: "Same objection as made to similar preced-
ing questions put to this witness ; " or " objected to
same as before." If objections made to questions
asked a different witness are desired to be repeated,
the entry in the notes will be : " Same objection as
made to similar questions asked the witness (here
insert the name of witness.") As the reference to a
repeated question must be certain and specific, so
must it be with repeated objections. No uncer-
tainty should exist respecting the objection desired
to be repeated.
Upon an objection being made to a question, the
questioning attorney is sometimes called upon by
the Court to state the facts which he expects to
prove by the witness, in order that the Court, after
hearing such statement, may rule intelligently upon
the objection. This may be necessary because noth-
ing may have appeared in the case to show that the
testimony called for by the question is competent.
This is called either an " offer to prove " or an " offer
to show." The facts stated by the attorney in re-
A Day in Court. 75
ply to the court should be recorded, prefaced b)- the
words " Plffs (or Deft's) counsel offered to prove,"
or " offered to show." Very often these offers are
made after the Court has ruled upon the objection.
In that case the opposing counsel may object to the
offer. Some attorneys seldom object to an " offer
to prove," claiming that it is not the subject of a
ruling; and likewise some judges refuse to rule on
such offers. In some States it has been decided
that an offer to prove presents no proposition to
the Court for a ruling. If objection be made to
such offer and the Court rule upon it, it should be
taken.
Regular and irregular objections may be inter-
posed to all kinds of testimony, ranging from a deed
to a burglar's "jimmie." In fact, papers, letters,
maps, photographs, written instruments of all de-
scription and all kinds of tools, and implements,
may be offered in evidence, and are fruitful causes
of objections. These are called "exhibits," and will
be treated at length hereafter.
As has been stated, the question and objection
raise an issue of law, the decision of which rests
entirely with the Court. That decision is termed
"THE RULING."
It is generally stated by the Court in one of the fol-
lowing forms : " I sustain (or overrule) the objection; "
or "sustained" or ''overruled" or "the witness
may answer ; " or " I will permit the witness to answer
the question ; " or, " I will allow the question." The
objection being sustained, the witness cannot answer,
and, of course, the ruling is adverse to the attorne)-
76 Practical Court Reportifig.
asking the question. If the Court overrule the ob-
jection, the ruHng is against the counsel who makes
the objection, and the result is to allow the witness to
answer. No matter in what form or language the
Court announces its ruling, if the effect be to permit
the witness to answer, the objection is overruled ; if it
be to prohibit the witness answering, the objection is
sustained. The ruling entered in the notes need not
be in the precise language used by the Court. If
the Court sustain or overrule the objection without
adding any remarks of qualification or modification,
the stenographer will note " objection overruled," or
"sustained," as the case may be. If, however, the
Court, after or before formally announcing its ruling,
make what is termed a
" HOLDING BV THE COURT,"
that should be reported verbatim, especially if in-
tended to be a formal statement of such holding.
Sometimes certain propositions are stated to be
"held" by the Court in informal language. If the
stenographer fully comprehend the question before
the Court, and have the aptitude to " catch " and
state in concise language such holding, he may clothe
it in his own verbiage, prefacing it by the words
" The Court held that " etc., etc. Great caution is
necessary in recording holdings by the Court. Judges
are subject to the same infirmities that characterize
the rest of humanity, and in announcing rulings
may unnecessarily repeat words or clauses, or use
inapt words to properly express the proposition held.
The mechanical, the " blind," stenographer relig.
iously puts down in black and white every word
A Day in Court. 77
Uttered regardless of precision of statement. At
this stage of the proceedings there is usually an
abundance of time to carefully condense and "edit"
the remarks or ruling of the Court ; and, if these
are the proper subjects of condensation and digest-
ing, as before explained, it should be done. If it
can be done in no other way, report the ruling or
remarks in full, leaving a sufficient space below to
rewrite them, at the first leisure moment, in con-
densed form. To do this, however, can be justified
upon but one ground, viz. : a desire to cut down the
cost of transcript ; but this desire must never prevail
at the expense of sacrificing the accuracy of the
record.
The words " remarks of the Court " are intended
to embrace informal remarks made by the Court
which do not come up to the dignity of a formal
holding or ruling, but which, in the judgment of
the stenographer, may tend to " shade," or possibly
qualify, the ruling or holding. These " remarks "
may be convcnientl)' introduced by the words
"The Court remarking," following the words, "ob-
jection overruled " or " sustained." Again, the Court
may ask the attorney who propounds a question
to a witness to which objection has been made,
whether he proposes to prove certain facts. Such
inquiries and the response of counsel thereto should
either be taken in question-and-answer form, or in
the narrative form. If the latter method be adopted,
it may be as follows: '' Plaintiff's (or Defendant's)
counsel, in response to the inquiry of the Court,
stated that he proposed to show hereafter that " etc..
78 Practical Court Reporting.
etc. If the Court overrule the objection after such a
statement of proof to be made afterward, it will
generally be in this language: " I overrule the ob-
jection " or " I receive the evidence, subject to the
motion to strike it out if it is not hereafter con-
nected," stating the proof to be thereafter given.
This qualification should always be taken. The
record under such circumstances may be made as
follows: "Objection overruled and the testimony
received subject to a motion to strike it out if the
plaintiff (or defendant) does not connect it," describ-
ing, of course, the proof or testimony proposed to be
introduced later in the trial. It is impossible to specify
every phase in which these matters may be presented,
or to suggest suitable forms in which each, as it
arises, may be recorded. The Court having ruled
upon an objection, the attorney against whom the
ruling is made,
"TAKES AN exception"
to such ruling. " Taking an exception " is, doubt-
less, the most exaggerated of all instances of the
technical character of legal proceedings. Blackstone
in his Commentaries (Vol. 3, marginal paging 372)
treats of the exception in this language : " And all
this evidence is to be given in open court, in the
presence of the parties, their attorneys, the counsel
and all by-standers, and before the judge and jury:
each party having liberty to accept to its compe-
tency, which acceptions are publicly stated, and by
the judge are openly and publicly allowed or dis-
allowed, in the face of the country: which must curb
A Day in Court. 79
any secret bias or partiality that inight arise in his
own breast. And if, citlicr in liis directions or de-
cisions, he mistakes the law by ignorance, inadvert-
ence or design, the counsel of either side may require
him publicly to seal a bill 0/ exceptions ; stating tiie
point wherein he is supposed to err " - ■•'■. iTiis
bill of exceptions is in the nature of an a[)peal ; ex-
aminable, not in the court out of which the record
issues for the trial, -5^ * * Ijut in the next imme-
diate superior court, * * - '^ * after judg-
ment given in the court below." The original
reason for exceptions has long ceased to exist. In
some States the custom of " sealing " exceptions still
continues. In New York this has been abolished.
It would appear sufficient for every purpose of re-
viewing the rulings of a court upon objections, that
the objection and ruling appear upon the record,
without driving the attorney against whom the rul-
ing is made to the formality of an exception. In the
State of New York " the absence of an exception
will be fatal to a review by the Court of Appeals."
(Baylies on New Trials and Appeals, page 125, and
cases cited.) But an " omission to take an exception
to a ruling of the trial court upon a question of law "
— of which a ruling upon an objection to a ques-
tion is an instance — "is not necessarily fatal to a
review of such luling by the General Term of the
same court, in case the error committed is of suffi-
cient importance to justif}- or demand a departure
from the usual practice. " * " This power
arises from the fact that the cause is still in the court
where it originated ; and that in the absence of any
8o Practical Court Reporting.
restrictive statute the General Term has all the
power of the Trial Term." (Id., page 125 and cases
cited.) It will be apparent that in the State of New
York, the taking of an exception is absolutely neces-
sary in all cases in order to hav^e it reviewed on ap-
peal to the Court of Appeals, and in all but a few
excepted cases by the General Term of the Supreme
Court. It is therefore of the highest importance
that exceptions should be noted. While upon clear
proof of the taking of an exception which has been
omitted by the stenographer, the Court might upon
the settlement of the case permit it to be inserted in
the record, yet in the absence of such proof, the
Court would undoubtedly adhere to the precedent
established of following the stenographer's transcript.
Such an error on the part of the reporter might pre-
vent the reversal of a judgment by the Court of
Appeals ; whereas, had the exception been taken,
and the record truthfully kept, it might have been
reversed b}- that tribunal.
Exceptions to rulings or remarks of the Court,
may be made in a variety of forms as respects the
language employed. Reference is not now had to
exceptions to the charge. These will be treated
separately in the appropriate place. Attorneys usu-
ally except in one of these forms : " I except to your
honor's ruling," " the plaintiff (or defendant) ex-
cepts ; " or simply " except ; " or " I take an excep-
tion to your honor's ruling." The statement that
" plaintiff for defendant) excepts " or " plaintiff (or
defendant) excepted " or " plaintiff (or defendant)
excepting" will be sufficient. The other language
A Day in Court. 8i
used may be disregarded as surplusage. It frequeiUh'
happens that soon after tlie commencement of a
trial the respective attorneys, by permission of the
Court, "stipulate," i. e., agree, that "in each case
that a ruling is made, the party to whom it is ad-
verse, shall be regarded as having taken an excep-
tion." This suffices for all exceptions during the
trial, and the stenographer need pay no attention to
any exceptions thereafter taken, unless counsel ex-
pressly desires it. But it must be remembered,
that, if the stipulation only relate to exceptions to
the adniissioji of testmiony, it will be necessary to
insert exceptions, when made, to rulings upon all
objections relating to other matters. To illustrate:
Such a stipulation would not cover an exception to
a ruling upon an objection or motion having refer-
ence to the pleadings, to the summing up of counsel,
to the charge, or in fact, anything not being or par-
taking of the character of testimony.
A question having been propounded to the wit-
ness, and having encountered the storms of objec-
tions, offers to prove or to show, arguments /r^ and
con of counsel, rulings, holdings and remarks of the
Court, and the exceptions to rulings, he is now ex-
pected to answer it. Perhaps half an hour or more
has been spent upon this tempestuous sea of words.
The witness is as thoroughly befogged, and has as
completely lost his bearings as the " blind " stenog-
rapher. He is, however, suddenly brought to a
realization that his time has <u'ri\cd to take pari in
the solemn proceedings, by the examining counsel
saying: "Now, Air. Witness, will you please an-
6
82 Practical Court Reporting.
swer the last question ? " Of course he has forgotten
the question, and says so, and the counsel breaks in
with, "Mr. Stenographer read it to the witness." He
proceeds to do so, reaches the middle of the ques-
tion and runs into a " snag," being unable, in the
excitement of the moment, to determine whether
the hastily- written outline is intended to represent the
word " that " or " which. " The Court, the counsel and
the jury, the witness and the public patiently await
the deciphering of the mystic symbols by " Mr.
Stenographer." The " Dear Public " occupy seats
in the background and give utterance to audible
comments respecting the poor stenographer ; the
Court shifts in his big arm chair behind the Bench ;
counsel exchange a few words, the witness cocks his
head to one side in a listening attitude while the
clerk winks significantly at that important function-
ary, the crier, who has just awakened from a refresh-
ing nap. Save these sounds an almost breathless
silence reigns, broken by the regular " tick-a-tick "
of the big clock over the door. These circumstances
follow each other through the mind of the bewildered
scribe in panoramic array, exaggerated in importance
by the consciousness that every eye is upon him and
every ear listening for the question, and that, if he
fail to read it, the Mecca of his ambition : ten dol-
lars per day and transcript fees, will be farther than
ever from attainment. He sees neither the paper
nor the "hen-tracks " he has made. Everything be-
comes blurred, indistinct and chaotic, and he is upon
the point of wildly throwing up his arms and whooping
at the top of his voice, when the compassionate coun-
A Day in Court. 83
sel — God bless him! — breaks in with, " Never
mind, Mr. Stenographer, I'll repeat the question."
The question being repeated with scarcely any
change, the stenographer is able to easily read it,
although still laboring under the effects of the ordeal
through which he has passed. He now understands
the reason of his inability to read the question —
the shorthand character for the word " that" having
been written carelessly, gave it a resemblance to the
contraction used for the word " which ; " and in-
stead of calmly reading ahead, getting the context,
and supplying cither of the words mentioned — it
would be immaterial which — he began thinking
of the dire result that might follow upon his ina-
bility to read the question, and experienced a brief
season of " stage-fright." Had he been quietly
sitting in his office no difficulty in reading would
have been experienced. This little episode having
been passed, the witness
ANSWERS THE QUESTION.
Sometimes, before the answer proper is made, a
conversation, more or less extended, may occur be-
tween the witness and questioner. The witness, if
the question call for a conversation, asks: "Do you
want me to tell exactly what was said?" If the
question contain no modifying clause as to the state-
ment of the conversation, and the attorney reply in
the affirmative, no modification or amendment of
the question is necessary. If, however, he replies,
" Yes, state the conversation, or the substance of
it," then insert the words " or in substance" in the
^4 Practical Court Reporting.
question at the appropriate place, or add it to the
question at the end. Do not
"lumber" the record,
as it is called, with a dozen questions and answers
that are immaterial. Sufficient has been said in
previous chapters to indicate, as far as the subject
permits, the importance of not "taking" irrespon-
sive answers. The reporter's sense of humor will,
however, at times assert itself so strongly, that
he cannot refrain from preserving a few of the
pleasantries of witnesses which, judged by any
other test than that of humor, would be utterly
immaterial. An instance of this occurred in the re-
port of a trial some years ago, A witness was being
sharply cross-examined. Some of the questions put
tended to cast ridicule upon him. One question
was especially suggestive. Scarcely had it escaped
the lips of the examiner, than the witness replied,
" I object to it as immaterial, and none of your
business!" The question was, in fact, afterward
objected to by the opposing counsel as immaterial,
and sustained by the Court upon that ground^ to
the irrepressible delight of the rural witness, who re-
garded the cross-examining counsel with an expres-
sion that betrayed the words upon his lips: "Oh,
you're no punkins ! "
Great difficulty is occasionally encountered in
taking the answers of witnesses, who illustrate their
replies by the use of the expression " he did like
this," and who then proceed to portray the conduct
of the person who is the subject of the answer. That
conduct may be the quaking of the knees, a wide
A Dav in Court. 85
opening of the mouth and a closing of the eyes,
accompanied with a guttural sound. Again, the wit-
ness may descend from the witnesses' chair to the
sacred precincts of the bar, and, grasping the exam-
ininc counsel about the throat, as if he were a
wooden Indian, proceed to illustrate his answer by
various thumps and whacks. A story is told of a
vindictive witness, who, under pretense of illustrating
his answer, shrewdly administered a sound drubbing
to an attorney who had been particularly severe
during the cross-examination. A witness usually
picks up the nearest object for illustration purposes.
This will generally be a book. He begins at one
corner, to describe the peregrinations of a person,
accompanying the object lesson with " there, he
commenced there and ran like that to this corner,"
etc., etc. In all instances of illustration, report as
well as you are able the illustration given by the
witness. Frequently it happens that it is such a jum-
bled mess of " like this," " here," " there," " around
this way," and " across that field," that the answer is
perfectly unintelligible. It is useless to take it. Better
describe in your own language, in parenthesis, that
which the witness has undertaken to do. It is often im-
possible to catch a gesture or some other act of the wit-
ness, or, being seen, it is indescribable. In such cases,
unless it is very material to have it on the minutes,
insert in parenthesis at the proper place the word,
"showing" or " indicating." If, in the stenographer's
opinion, it is important that the record should con-
tain a perfect description of the gesture or other act
" throw the ink bottle " at counsel and witness —
86 Practical Court Reporting.
stop proceedings. Ask the witness to repeat the
gesture or act. If it be impossible for the stenogra-
pher to describe it, let him request the Court or
counsel to do so, informing them that he does not
care to take the responsibility of doing it. This will
occur many times in some kinds of cases. Wit-
nesses in response to questions respecting distances,
or the height, length and thickness of objects will
answer " about as long," or " so high," or " so thick,"
or " so far," at the same time indicating with the
hand or hands. The stenographer should seldom
insert his opinion, in the record, of distance or meas-
urement thus indicated until he has requested Court,
counsel or witness to state it. If, then asked to
do so, he should insert it in parenthesis as follows :
(" showing about two feet.") If, however, the dis-
tance, space or measurement thus indicated by the
witness can be determined with approximate ac-
curacy, a stoppage of the proceedings should not be
caused, but the distance or measurement should be
inserted in the notes, in parenthesis. The use of
the parenthesis should be resorted to whenever the
stenographer injects his own language by way of
explanation into an answer, or other statement.
This principle of inserting the language of the re-
porter in parenthesis, however, should not be ap-
plied to the digesting of objections and the other
matters which have been before treated.
Allusion has just been made to the subject of in-
terrupting proceedings. The proper rule applicable
to this topic may be thus stated : Never interrupt,
unnecessarily, the orderly course of a proceeding;
A Day in Court. 87
but, always bring the legal machinery to a complete
standstill, if necessary to make the record conform
to the truth. No pusillanimity should exist in the
heart of the reporter upon this point. Being en-
gaged in investigations, the character of which is of
the highest importance — the administration of jus-
tice — he should feel deeply the solemnity and dig-
nity of the part he is called upon to take, and should
neglect not a single measure or expedient to perform
his duty as perfectly as possible. No childish fear
that the Court, counsel, jury, officers of the court and
spectators may think him incompetent to write fast
enough to take everything, should prevent making
necessary interruptions. There is a delusion exist-
ing in the public mind that by the aid of stenography
every word uttered can be reported ; that a court re-
porter is a mere writing machine and "takes" every
word. It is confidently expected that this little book
will tend to dispel to some extent this illusion. Be-
cause of this, some stenographers are squeamish
about admitting, by stopping a witness, or the pro-
ceedings, their inability to report and comprehend
as fast as one can talk. The transcript of such
stenographers will often require close examination,
while, usually, confidence may be reposed in that of
him who unhesitatingly stops counsel, witness and
proceedings whenever necessary. It is popularly
supposed, that, by the aid of shorthand question,
objections, ruling, exception and answer, simultane-
ously uttered by the Court, by excited counsel and
voluble witness, ma\- be. amid the hubbub charac-
teristic of such occasions, transferred to the note-book
88 Practical Court Reporting.
of the reporter with consummate ease and accuracy.
It may be sometimes ; but, in respect to most of
such occurrences, the supposition is erroneous. Be-
ing unable to " take " such a jumble of words, let not
the scribe grow fainthearted and lose confidence in
his powers as a reporter. If the occasion be a par-
ticularly lively " bear dance," impossible of being
photographed, watch the fun until order is restored,
when upon informing the Court or counsel that you
did not "get any of that," the proceedings will be
repeated and. taken without difficulty. The neces-
sity of repetition will seldom occur if the stenog-
rapher, as before suggested, be " on his taps."
What has been said thus far in this chapter relat-
ing to the proceedings upon the direct-examination
of a witness, applies equally to the next step in the
trial, known as
THE CROSS-EXAMINATION
of a witness. It seems unnecessary to state that
this examination is invariably conducted by the at-
torney for the party against whom the witness is
sworn. An attorney may be permitted under cer-
tain circumstances to cross-examine his own witness.
The notes of the reporter of the latter examination
would not be headed " Cross examination." The
examination itself shows it to be of the nature of a
cross-examination, which is sufficient. . An attorney
maybe surprised by the testimony of a witness called
by him. Under such circumstances, he has a right
to prove by the witness facts which tend to show
the surprise. The proceedings would show it to be
A Day in Court. 89
of tlie character of a cross-exainiiiation, wliile the
shorthand notes would not be headed " cross-exam-
ination." But this rarely occurs. The cross-exam-
ination is invariably confined to questions by the
opposing counsel. Its object is, theoretically, to
show either that the witness is mistaken in his testi-
mony, or that he has willfully testified falsely ; or,
that the testimony <^iven by him is tinged with
prejudice or bias; or, that he has, in some respects,
exaggerated the facts to which he has testified.
The cross-examining counsel sifts and winnows the
testimony thus given b)' the witness until nothing
remains — presumably — but the kernels of truth.
The scope of the cross examination is much broader
than that of the direct-examination. The counsel
may go fully into the motives, if any, that actuate
the witness in giving his testimony, and show his
relations to the party in whose behalf he is sworn,
to the end that the jury may give the proper weight
to the testimony of the witness. Some experienced
reporters adopt what has been described as the nar-
rative form in taking portions of the cross-examina-
tion. As before remarked, this form should only be
used, if at all, as to such parts of the cross-examina-
tion which bear upon the collateral and incidental
issues in the case.
When the direct-examination was first referred to
in this chapter, nothing was said with respect to the
manner in which it should be introduced. There is
no necessity for any introductory words, as the first
examination of the witness by the attorney of the
part)'' calling him is always known as the direct-
90 Practical Court Reporting.
examination. There is no necessity for identifying
it in any other way. It is otherwise with respect to
the cross-examination. The latter should always be
introduced by either the words " cross-examination "
written in bold longhand characters, or by the
letter " X " written in a large form in the space be-
tween the end of the direct-examination and the
beginning of the cross-examination. This space
should be sufficient to make the " X " thus written,
conspicuous. It often happens that the direct-ex-
amination will close at about the center of the page
of the note-book, or of the sheet, if loose sheets be
used. In the case of the note-book, it will be advis-
able to continue the cross-examination in the man-
ner just specified. If, however, the reporter use
loose sheets of paper, and write upon both sides of
the sheet (which is sometimes done), it is better to
commence the cross-examination upon the following
slieet.
Certain questions respecting conversations or acts,
and the time and place of their occurrence, are fre-
quently put to the witness upon the cross-examina-
tion, for the purpose of " laying the foundation," as
it is called, of contradicting the testimony, given in
response to such questions, b}' other witnesses to be
called by the party asking the questions when he
comes to introduce testimony on his side of the case.
These questions give rise frequently to disputes later
on in the case. A rule of evidence requires that the
same questions, in substance, shall be put to the wit-
nesses by whom it is proposed to contradict the tes-
timony thus given. When such dispute arises, the
A Day in Court. 91
stenograplicr is usually asked to refer to, and read,
the testimony of the previous witness on the cross-ex-
amination. Sometimes several days may have elapsed
since the questions were put to the witness, and they
will have to be found among a mass of " goose
tracks," the only guide to the stenographer by which
these questions ma\' be found, being the name of the
witness by whom they were given. This he easil)'
finds by reference to the index on the " temporary
memorandum " sheet. The cross-examination of the
witness may have been prolonged, consuming, pos-
sibly, a day or more. It will be seen at a glance
that great difficulty will be met in finding a particu-
lar question among the hundreds which have been
put to the witness. The difficulty of finding a ques-
tion in a record kept in longhand is great enough ;
but, when attempted in one kept in shorthand, is
fraught with a vexatious experience that cannot be
properly understood by one who has never encoun-
tered it. It is, therefore, advisable that resort be
had to some expedient which will lessen the labor of
the search. To meet this obstacle, many court re-
porters use what is styled the " indented " form of
note-taking. This consists in writing the question,
beginning at the left-hand margin of the paper and
extending the line of writing to the right about half-
way across the sheet, returning to a point upon the
next line below the point at which the first line com-
menced and travelling again to the right to a point,
coincident with the end of the first line, and so on
until the question is completed. The answer to the
question is begun upon the line below the que^^tion.
92 P radii (I / Court Reporti)i^.
at a point a little to the left of an imaginary line
drawn perpendicularly along the right side of the
body of the question, and written in the space be-
tween that and the right margin of the paper. The
advantage of this form is that it separates, clearly
and distinctly, questions and answers ; whereas, if
questions, answers, objections and exceptions be
written " solid " as it is called, i. e., without a sepa-
rating space, they do not stand out well defined, the
one from the other. Another expedient, that may
be used in connection with the first method described,
is that of drawing a waved or straight line along the
margin of the question and answer at the time of
writing the same, when, in the judgment of the re-
porter, it may become necessary to recur to it. The
question or the answer, as the case may be, being
thus separated, and in addition thereto a waved line
drawn parallel with it, becomes quite conspicuous
upon the page of notes, especially if paper four inches
wide and nine inches long be used. If the stenog-
rapher deem it necessary, he may, in addition to the
expedients already specified, adopt another. Along
the waved or straight line thus drawn upon the mar-
gin of the question or answer, he may write one or
more words in longhand, which describe the subject-
matter of the question or answer. To illustrate:
Suppose the question put for contradiction relates to
a conversation claimed by the questioner to have
occurred at a particular time and place, with a par-
ticular person, about a horse; that the tenth ques-
tion following relates to a conversation between the
same parties, at the same time and place, respecting
A Day in Cuurt. 93
a cow, and that farther along in the examination a
question of similar character relating to a wagon oc-
curs. Opposite the first question, and along the
waved line, write in longhand the abbreviation
" conv." following it with the word " horse " written
in longhand ; opposite the question respecting the
cow write in longhand the word " cow " and opposite
the question relating to the wagon write in longhand
the word '' wagon." This method may be applied, not
only to questions put to witnesses for contradiction*
but to all sorts of questions to which, in the opinion
of the scribe, he may be called upon, later on in the
case, to refer. By using these simple methods, the
reporter will have five valuable assistants in finding
such questions, viz.: the name of the witness, upon
the "temporary memoranda" sheet with the page
of the examination (the direct, cross, or other ex-
amination) ; the name of the witness written in bold
longhand characters in the notes; distinction made
between question and answer, by separating the
same ; the waved line drawn opposite the question
and answer, and one or more words in longhand
written near this waved line descriptive of the topic
or subject-matter of the answer. If the reporter be
at all ingenious, other expedients will occur to him,
which may be used in cases where the characters
and signs above described prove ineffectual.
During the cross-examination, witnesses often add
explanatory remarks to answers, the witness forget-
ting that upon the re-direct-examination an oppor-
tunity will be afforded him to make such explana-
tions. Upon such answers being given, the ears of
94 Practical Court Reporting.
the scribe are often greeted with " I repudiate that
answer, Mr. Stenographer," coming from the cross-
examining counsel. With respect to such matters
two methods may be adopted : First, strike out the
entire answer, if the opposing counsel do not insist
that it should stand ; and, second, if he insist that it
stand, enter under the answer: "The plaintiff (or
defendant) repudiated the last answer."
Sufficient has been said upon the subject of cross-
examination. That examination having been con-
cluded, the counsel by whom the witness was placed
upon the stand, usually takes the witness upon
RE-DIRECT-EXAMINATION ;
or, as it is sometimes called, the re-examination,
which proceeds in the same manner as, and in the
treatment of which the stenographer should apply
the rules and principles stated with reference to, the
direct and cross-examination. A convenient form
of introducing this examination is to use the capital
letters" R. D.," an abbreviation of the word re direct.
Upon this examination the narrative form may, in
some cases, be extensively employed ; but its use
should be strictly governed by what has been here-
tofore said respecting it. The object of the re-direct-
examination is to explain, if possible, incongruous
and ambiguous statements, and other matters which
the cross-examining counsel may have artfully ob-
tained from the witness. This examination is some-
times used to reiterate portions of the direct-exami-
nation, from which the attention of the jury has been
drawn by the cross-examination. It may happen
that testimony, intended to have been introduced
A Day in Court. 95
upon the direct-examination, has been omitted.
This may be put in on the re-direct-examination
with tlie same force and effect as if originally given.
This examination being completed, the opposing
counsel may desire to farther examine the witness
upon the new matters testified to by him, which had
been omitted upon the direct-examination ; or to
farther cross examine the witness upon the other
matters called out upon the re-direct-examination.
This is termed
THE RE-CROSS-EXAMINATION.
Instructions given in this chapter with respect to
objections, offers to prove, rulings, remarks of the
Court, and exceptions to rulings apply to the vari-
ous examinations above described.
CHAPTER VI.
A DAY IN COURT (concluded).
Reference has been made in preceding chapters
to various kinds of testimony. Beside that given by
witnesses, it may rest in written instruments of vari-
ous kinds as well as in tools, implements and other
objects, as many and different as are the subjects
that occupy the attention of mankind in all walks of
life. These, when introduced in evidence, are styled
EXHIBITS
in the case and are usually required to be marked,
when their character makes it feasible, by the sten
ographer, for the purpose of identification in the
future. This is usually done by writing upon the
exhibit, using for the exhibits upon the plaintiff's
side of the case, the letters of the alphabet, and
upon the defendant's side numbers, beginning with
one, or vice versa. For instance, if an original deed
be offered by the plaintiff and received in evidence,
it will be handed to the stenographer to be marked.
He does so by writing the words " Plff 's Ex. A,"
adding after the letter and just below it, his initials.
If it be offered by the defendant, he should substi-
tute the abbreviation " Deft's " and the figure " i."
In, his notes he should enter a description of the
deed as given by the counsel offering it in evidence,
A JJav in Court. 97
which may be in the following form: " Plaintiff of-
fered in evidence a deed dated January ist, 1892,
from John Jones to Robert Johnson, acknowledged
on the same day, and recorded in Fulton County
Clerk's office on the 15th day of January, 1892, in
book of Deeds, No. 79, at page 215, conveying the
premises described in the complaint. Plff's A. '
This form will of course be varied according to the
nature of the paper offered. The words " Plff's A "
will sufficiently enable the stenographer to identify,
in the future, if necessary, the paper thus offered.
If an objection be made to the offer of the deed, that
should be noted in the manner before described.
Assuming that the objection to the offer is overruled
and the deed is received in evidence, after such ob-
jection, the record may be made up in the following
form : " Objection overruled, the deed received in
evidence and marked Plff's Ex. A, the defendant
excepting." If then the deed be read to the jury
by the plaintiff's counsel, state the fact on the fol-
lowing line, which statement may be as follows:
"The plaintiff read the deed Ex. A to the jury."
Exhibits are not always read at the time of their
reception in evidence, being left for that purpose
until the attorney who has offered them makes his
argument to the jury. It may be that no objection
is made to the offer in evidence of the paper; in
that case, instead of using the word " offered " in the
preceding form, use either the word " read " or " in-
troduced." Official records of deeds, mortgages and
other instruments need not be marked as exhibits.
Difficulty is sometimes experienced by the stenogra-
98 Practical Court Reporting.
pher in marking some tools and objects put in evi-
dence. Frequently the marking of these is dispensed
with ; at other times a small tag may be attached
to them, upon which the stenographer makes the
proper memorandum. Some court reporters use
rubber stamps, for the purpose of marking exhibits,
one for the plaintiff's and another f jr the defendant's,
blanks being left in the stamp for the insertion of
the letter or numeral as the case may be. In a case
where a large number of papers are offered in evi-
dence, these stamps prove very useful. It is not
long since that in an investigation before a committee
of a board of supervisors many thousands of exhibits
were marked, the stenographer travelling in consec-
utive order from A-i to A-ioo through the alpha-
bet to Z-i and so on to Z-ioo; then commencing
on AB-i and continuing to AB-ioo, and by doubl-
ing the letters in this manner partially through the
alphabet again. It is generally unnecessary to take
down written exhibits as they are read to the jury.
The general rule stated on page 37 at the close of
chapter III of this book may be applied to the taking
of exhibits. Deeds, mortgages and other papers are
usually recorded. Access to this record may always
be had in the future by the party who desires to
know the contents of such an exhibit. It is, there-
fore, unnecessary to " take" these, at the time they
are read to the jury. It is, however, sometimes
necessary to take in full letters which are read to the
jury as exhibits, especially when only the original
letter is in existence. In these days of letter presses
and typewriters, business men and others uniformly
A Day in Court. 99
retain copies of their letters ; and, when these are
used in evidence in a lawsuit, usually one party has
the original and the other party a copy. In that
case, of course, it is unnecessary to record the letter
when read to the jury. In fact, it may be stated as
a general rule, that unless requested by the counsSih ^
to enter in the minutes an exhibit read to the jury, y^ O
it need not be done. A good plan of procedure in «■
respect to this matter is, when counsel commences
the reading of a letter or other exhibit to the jury,
to " throw the ink bottle " at him, by asking him if,
he desire a copy of the exhibit entered in the min-
utes. Make an entry, or omit it, according to the
answer he makes.
It should be understood that a distinction exists
between a " copy of a paper," the " record of a
paper," the "original paper," a "certified copy" of
a paper and the "certified copy of the record" of a
paper. Counsel in offering papers in evidence some-
times omit to distinguish between these. Instead
of announcing that the " record " of a deed is offered
in evidence, etc., the statement will be made that
" the deed " is offered in evidence. If the stenog-
rapher know tlie difference between the original and
the record, he should make the entry in his notes
according to the fact. If he do not know, no time
should be lost by him in acquiring that knowledge.
Among the exhibits which will at first furnish the
reporter considerable trouble are photographs and
maps. These are generally used in cases involving
disputes respecting title to real estate, in actions of
negligence, brought against persons and corpora-
loo Practical Court Reporting.
tions, and in some other actions. So far as the
marking of these is concerned, no inconvenience will
be experienced ; but when shown to witnesses for
the purposes of illustrating answers given by them,
the stenographer will, in attempting to get such an-
swers correctly, and reporting them intelligibly, find
himself engaged in a task unparalleled as to difficulty
by anything in the whole realm of law reporting,
save the taking of technical testimony given by ex-
pert witnesses. The witness may point to a place
indicated upon the map or photograph, and, taking
that as the basis of his perambulatory remarks, glibly
describe the killing of a person and a team of horses
by a railroad car, giving sizes of objects, motions
and gestures of persons, the shouting of bystanders,
and close, from sheer lack of breath, with an account
of where the scattered anatomy of the person killed
was picked up. This rapid narration of events, and
reproduction of acts, motions, and gestures and illus-
tration of distances, sizes of objects, etc., may have
been accompanied by the finger upon the map or
photograph, pointing out the places, etc., named. It
is, at times, almost impossible to pen photograph
such answers. But the record must be made. It
may be, and usually is, of supreme importance in
such cases, to know the relative position of the per-
son and horses killed and the moving car ; at what
rate of speed all were moving; whether or no the
attention of the deceased was distracted from the
impending danger, and so on ad infinitum. These
circumstances all bear upon one of the principal is-
sues of that class of cases, viz.; the contributory
A Day in Court. loi
negligence of the deceased. For should the jury find
the deceased guilty of such negligence, that would
defeat the plaintiff's case. The necessity for absolute
accuracy in taking the answer of, and of portraying
the representations of acts, etc., by, the witness can
readily be seen. Hence, the reporter should not
hesitate to stop the witness whenever he is in doubt
as to the correctness of his understanding of these
details, and especially with respect to the matters
pointed out upon the map or photograph. The
words " here," " there," etc., sound all right, and,
when accompanied by the act of locating the spot re-
ferred to upon the map or photograph, are suffi-
ciently definite to the looker-on; but, when they
appear in black and white, are perfectly mean-
ingless, if not followed by a description of the por-
tion of map or photograph designated. The places
pointed out by witnesses in such cases should be
described as correctly as possible, the description
being in parenthesis following the word " here " or
" there," or other words used when the act of desig-
nating the spot is performed.
Testimony of witnesses may be taken out of court,
in a foreign State or country, before an officer au-
thorized to perform that power; and, when so taken
and properly returned and certified to the court out
of which the order to take such testimony issued,
is termed a
DEPOSITION.
The reader should bear in mind in considering this
species of testimony the rule laid down on page 37
respecting the omission of matters, the proof of
I02 Practical Court Reporting.
which rests in a record already made. Deposi-
tions thus taken are frequently read in evidence
to the jury. At the time of taking them, the
proceedings are similar, with respect to direct,
cross and other examinations, to those upon the
trial of an action in court, except that they are
taken before an officer (usually denominated a com-
missioner) without a jury. Objections to questions
may be interposed at the time of taking the deposi-
tion. The party obtaining the deposition for use,
will, at the appropriate stage of the trial, announce
his intention of reading it to the jury. The other
party may enter a preliminary objection to the depo-
sition. This, of course, should be taken, the same as
any other objection, taking first the announcement
of the proposal to read the paper. The deposition
should be sufficiently described by date of return and
filing in the proper office, the name of the officer be-
fore whom, and the place where, taken to identify it in
future. Following this should be a statement o{ \^\\?i\.
is read. The deposition should not be taken in the
minutes verbatim. Counsel having read a question
and about to read the answer, the opposing counsel
may suddenly object. But to what? The scribe has
not taken the question ; and no objection to it may ap-
pear in the deposition, and if there were, counsel upon
the trial would have the right to amplify it. The
reporter performs the simple act of " throwing the
ink bottle" at the counsel who read the question,
asks to have it repeated and enters it and the ob-
jection, with the ruling and exception, in the min-
utes. The direct-examination having been read,
A Day in Court. 103
the opposing counsel generally reads the cross-exam-
ination. This should be introduced by an appropri-
ate statement which may be as follows : " Mr. Jones,
Defendant's attorney, here read the cross-examin-
ation." Objections, etc., upon the cross examination
should be treated in the manner just described.
The stenographer should insist upon marking
papers introduced in the case as exhibits, unless the
character of the paper taken in connection with the
examination of the witness sufficiently identifies it.
Often, several papers will be presented to a witness
for inspection, and as to each of them the counsel
may ask : " Is that your signature to that pa-
per?" If the lawyer putting the questions and
exhibiting the papers to the witness be inexperi-
enced in the trial of causes, he will invariably omit
to have the papers marked by the stenographer for
identification. In such a case, the transcript will
not be of any value, as the record will show simply
that something occurred as to papers, but, what
particular papers, will be unknown. In all such in-
stances, the reporter should stop counsel and either
mark the paper, or refer to it by proper words of
identification. In all such and similar questions,
when papers or objects are shown witnesses, insert
in parenthesis after the name of the*paper, object or
word referring to it, the word "showing," following
with the number or letter of the exhibit, whether
plaintiff's or defendant's exhibit, and, if it has not
been marked, or, is not marked at the time of show-
ing it to the witness, other words which appropri-
ately describe the paper. Whenever convenient,
I04 Practical Court Reporting.
obtain the information necessary to make these
parenthetical entries without interruption of the
proceedings. Frequently, witnesses testify with re-
spect to exhibits, while holding several of them, and
refer to them as " this paper," " this deed," etc.
Insist upon knowing the number or letter of the
exhibit, learning which, insert it in parenthesis in
the answer after the words " this paper," or " this
deed," or whatever other words may be used.
Some years ago, a case, in which a large number
of exhibits were introduced, was tried upon one side
by an attorney, who could not have had much
experience in the trial of cases. The stenographer
persistently insisted upon marking the exhibits, as
they were shown to witnesses, and the attorney, with
equal persistency, refused to allow it to be done.
The stenographer finally gave up in despair of mark-
ing any papers on that side of the case. He recol-
lected, however, the ancient adage, that " He who
laughs last, laughs best." A transcript of the case
was made. That part relating to the exhibits shown
witnesses was as intelligible as the average Chinese-
tea-chest inscription. A short time after the tran-
script had been delivered, and while engaged at
another circuit, the reporter was informed that an
attorney desired to see him. This attorney proved
to be Mr. , who had traveled several hundred
miles to see the reporter respecting the unintelligible
references to the exhibits. The latter was put to
the trouble of procuring his notes ; the attorney go
ing home in the meantime and returning the next
day to compare the transcript with the notes. The
A Day in Couri. lo
J
attorney acknowledged his mistake 'in not heeding
the reporter's suggestion, and went to his liome a
wiser man, the stenographer making no attempt to
hide his satisfaction at having taught the former a
good lesson.
The stenographer is too often treated by lawyers
as a mere instrument or " arm " of the court. Many
of them become better lawyers, have more logical
ideas respecting the trial of causes, the rules of evi-
dence and the general management of cases in court
than some attorneys. It is but the natural result of
their experience, the consequence of the object les-
sons which they are daily taught. They have the
opportunity of stud)'ing the best models, both in
court and in transcribing their notes. Let a sten
ographer select some particular branch of the work
in court, and study it systematically; for instance,
that of the cross-examination of witnesses. If he be
also a lawyer, he will be surprised by the benefit
derived from this course of study and training.
When he comes to try cases, he will unconsciously
adopt in the cross examination of witnesses the
methods used by the best practitioners, who have
occupied the same relation to this part of his educa-
tion that instructors in all fields of learning hold to
their pupils. No better plan of inculcating the rules
of evidence can be suggested than that of the work
of the court reporter. Constantly watching the trial
of cases, listening to the argument of objections, the
citation of authorities, rulings, remarks and charges of
courts, the stenographer must be a veritable block-
head if he do not become a pretty fair lawyer. Let
io6 Practical Court Reporting.
not the stenographer attempt to impress this upon
the public. Once a stenographer, always a sten-
ographer, is a rule that, so far as the " Dear Public "
is concerned, is enforced with strictness. In addi-
tion to this training, he will acquire a deep insight
into many phases of human nature which other-
wise would have been to him as a sealed book. It
is unnecessary to repeat the references so often made
to the shining lights of the legal profession who
began the stern struggle of life at the reporter's desk
in the court-room. A supreme court judge was
heard to remark not long since, that Mr. X. was the
best equity lawyer practicing at the bar of his county.
Mr. X. a few years since was actively engaged in
court reporting.
Reference has been made to
STIPULATIONS.
A stipulation is the verbal or written statement of a
proposition of law, a series of facts, or an agreement to
do, or refrain from doing, an act or acts, as to which the
parties to the stipulation agree. All these features
may be embraced within a single stipulation. The
subjects of stipulations are unlimited. It is un-
necessary to state that the exact language of the
parties to the stipulation should be entered in the
minutes. Sometimes considerable discussion is neces-
sary before the contents or verbiage of a stipulation
can be agreed upon. To take such a discussion is
to " lumber " the record with useless rubbish. In
such cases, request the Court or counsel to state the
language in which it is desired to clothe the stipula-
A Day in Court. 107
tion. If, after such request, the stenographer is
asked to do it, he should attempt it only when
confident of his ability to express in language, which
shall neither add to, nor detract from, the identical
agreement of the respective counsel. If he doubt
his ability to do this, it is his sworn duty to require
it to be dictated. The importance of this will be
apparent when it is remembered that a party to a
stipulation is bound by its terms. He can neither
explain nor contradict it. In almost every other in-
stance a party may explain, contradict or show sur-
prise, and thus get relieved from many steps taken
or acts performed. But, not so with respect to a
stipulation ; he is forever estopped from denying,
contradicting or explaining it.
Adjournments are taken for lunch and from day
to day during the trial of an action in court. These
should be noted in the minutes. Such entries prove
valuable in deciding disputed questions of time. A
sufficient entry in longhand respecting recesses is
" recess for dinner (or) lunch (or) supper," intro-
ducing the subsequent proceedings upon the con-
vening of court with "afternoon session 2 P. M." or
" Evening session 7:30 P. M." The adjournment at
the close of the day's proceedings may be in this
form written in longhand, " Adjourned to Tuesday,
October 20th, 1891, at 9 A. M.," prefacing the pro-
ceedings of the next day with the words written in
longhand: "Tuesday, Oct. 20th, 1891, 9 A. M." If
the examination of a witness be not finished at the
time of adjournment, and it be resumed upon the
convening of court, it is well to re-write the name of
io8 Practical Court Reporting.
the witness in longhand, stating which examination
is continued, and by whom it is resumed. These
longhand entries taken in connection with the entry
respecting the adjournment will afterward prove
valuable in searching for testimony. In some States
there is a requirement of practice respecting criminal
cases that at the time of adjournment the court shall
caution the jury to refrain from conversing among
themselves, or with other persons or listening to con-
versation respecting the case during the trial. When
this requirement has not been declared by statute,
the custom of making such a statement has grown
up. It is unnecessary to enter this in the record,
for this reason : A legal presumption exists that
certain officers have performed their duty; and,
whenever that becomes the subject of inquiry, the
burden is cast upon the party alleging non-perform-
ance of proving it. If, however, during the course
of a criminal trial, the Qowxt fail to instruct the jury
in accordance with the statutory requirement, the
stenographer should note the fact of such failure in
the record.
Having introduced all the testimony upon his side
of the case which he deems necessary.
THE PLAINTIFF RESTS,
And so does the stenographer — for a brief period.
The plaintiff may rest — that is, close his case — ab-
solutely, or, by permission of the Court, conditionally.
In the latter case the Court permits the plaintiff to
reserve the right to introduce further testimony, the
character of which the Court usually requires the
A Day in Court. 109
plaintiff to state. Sometimes the Court specifies a
later time during the trial within which this testi-
mony must be put in. The plaintiff resting or clos-
ing his case absolutely, the reporter enters in bold
longhand characters the words, " Plaintiff Rested,"
or " Plaintiff Rests." \^ the Court permit this step
to betaken conditionally, as just stated, there should
be added to the words last quoted the words, which
may be in shorthand, " reserving the right to intro-
duce the ^testimony of (here insert in longhand
the name of the witness) John Doe," and if the
subjects as to which such witness may be exam-
ined are specified, add the proper words of limitation.
Or, it may be, that the plaintiff desires to reserve the
right to " introduce " a paper in evidence. In that
contingency, after the word introduce, add a sufficient
description of the paper proposed to be thereafter
offered in evidence. Plaintiff having rested, index
the page of the notes upon which it occurs upon the
"temporary memorandum" sheet.
Motions for a dismissal of the complaint, or for a
nonsuit, or that the Court direct the jury to render
a verdict for the defendant are generally made at
this stage of the case. Arguments, more or less ex-
tended, occur upon these motions, in which the
testimony of the plaintiff's witnesses is discussed /r^^
and co?i, as well as the principles of law involved
in the case. Frequently the stenographer is re-
quired to read much of this testimony at such
times. Whichever motion is made, it should be
taken — fully and accurately. Sometimes the grounds
of the motion are not formally stated, being presented
110 Practical Court Reporting.
to the Court in the argument. The instructions,
heretofore given in this chapter respecting the digest-
ing of the points made by counsel, apply to the pro
ceedings now being considered. It is but a few
weeks since that at this stage of the case the defend-
ant's attorney made a motion for a dismissal of the
complaint and presented the points, relied upon by
him for the granting of the motion, in the form of
an argument to the Court, utterly ignoring the fact
that the stenographer's duty was to make a record
of the motion, showing each ground presented by it.
The scribe mentally digested the argument, accord-
ing to his comprehension of it and inserted in his
notes the points so digested. This record, including
the ruling and exception, consisted of fifty-seven
words ; a little more than half a folio. Had the ar-
gument and discussion been reported verbatim, the
stenographer would have been kept busy writing ten
or twelve folios of matter at a time, when he ought
to have been resting ; the defendant instead of paying
three cents (the legal rate for transcript in New York
Supreme Court is six cents per folio) for this record
would have been compelled to pay from seventy-
five cents to a dollar. This treatment of the motion
appears to have been satisfactory, no objections hav-
ing been made to it since the delivery of the tran-
script. A convenient form of introducing the state-
ment (written in shorthand) of such motions is : " De-
fendant moved that the plaintiff be nonsuited " or
" Defendant moved for a nonsuit," or " Defendant
moved that the complaint be dismissed," or " De-
fendant moved for a dismissal of the complaint,"
A Day in Court. 1 1 1
adding to the form used the words " upon the fol-
lowing grounds," subdividing the grounds into first,
second, third, etc., etc. If, however, the grounds be
not formally stated, and it become necessary to
digest them, instead of the words last quoted, use
the words above suggested to introduce the motion,
and add the following language: "for the reason
that," or " upon the grounds that," continuing with
language appropriate to show each point digested.
The introductory clause should not be used before
each ground digested ; separate each point with a
semicolon, or write the introductory statement in
the form of a general heading, punctuated with a
colon, and paragraphing each ground. This, as
well as other forms, will be given in a subsequent
chapter.
These motions having been disposed of the
DEFENDANT OPENS THE CASE.
Following this step substantially the same pro-
ceedings will occur as have been described upon the
plaintiff's side of the case, and to which the instruc-
tions given will apply. The examination of wit-
nesses, objections, exceptions, motions, arguments,
rulings, offers to prove or show and remarks of
the Court should be subjected to the same treat-
ment as similar proceedings upon the part of the
plaintiff, until the
DEFENDANT RESTS.
The last two words, or the words " Defendant
Rested " should be entered in bold, longhand charac-
ters in the minutes. The plaintiff may again ex-
112 Practical Court Reportmg
amine witnesses and introduce other testimony. This
is termed
THE REBUTTAL
The object of the proceedings "on rebuttal," is to
explain, modify or contradict the effect of those
taken by the defendant. It bears to the case a
relation similar to that which the re-direct-exam-
ination sustains to the cross-examination of a
witness, before explained. Hence, its scope is
limited to explanation, contradiction or modification
of the defendant's case. It is during this part of a
trial that the disputes mentioned in this chapter re-
specting testimony given by defendant's witnesses
upon cross-examination arise, and requests to turn
to and read such testimony occur with unpleasant
frequency, if one be not ready to find and apt
to read it. The " indented " method of note-tak-
ing, the index upon the " temporary memoran-
dum " sheet, the waved line opposite questions and
answers as given, are appreciated at such times.
With these ready assistants, the stenographer ap-
proaches the search for testimony with light fin-
gers and a confident feeling, knowing that its
discovery will be, usually, the work of but a few
minutes. Upon the rebuttal, the narrative form of
note-taking may be used advantageously by the
stenographer, because of its labor-saving charac-
teristics and relief from the usual method. It
is appreciated by the unsuccessful attorney, who,
desirous of getting a transcript, is surprised — some-
times — to know that "the expense is not so very
much after all ;" and that, therefore, if his client will
A Day in Court. 1 1 3
not advance the transcript fees he will, as he is
exceedingly anxious to give the appellate court an
opportunity to correct the errors, which, he is firmly
convinced, the trial court has committed. The
plaintiff having closed upon the rebuttal, the defend-
ant may, if any new matters have been introduced
since closing his case, put in additional testimony in
reply to such new matters, or other testimony given
upon plaintiff's rebuttal, to explain, contradict or
modify the same. Plaintiff may then " take another
hand at the oars," if any facts be introduced by the
defendant which the former can rebut, reply to or
explain. This procedure has received the suggestive
appellation of
"SEE-SAWING."
Finally, the Court calls a cessation of hostilities by
declaring that " this see-sawing " is growing monoto-
nous, and the heart of the weary scribe rejoiceth
when
" TESTIMONY CLOSED "
is announced. The jury heave a sigh of relief; the
clerk winks again at the venerable crier, but alas ! that
worthy personage is still sweetly reposing in the
arms of Morpheus, unconscious of the big clock over
the door gleefully ticking out its appreciation of the
turn affairs have taken. The " Dear Public " in the
back seats communicate to each other their prog-
nostication of the result of the case, in tones that
awaken the sleeping constable perched upon the
railing of the bar, recalling him from the contempla-
tion of a dream-picture of" double-day" juries and
suppers galore.
114 Practical Court Reporting.
At this stage of the trial, the various motions
which have been described, may be renewed by
either of the attorneys for the parties. The plain-
tiff's attorney may be of opinion that the testimony
introduced by the defendant does not sufficiently
controvert that of the plaintiff, to raise a question
of fact to submit to the jury. Accordingly, plain-
tiff's attorney may move the Court to direct the jury
to render a verdict for the plaintiff. The defend-
ant's attorney may be of the opinion that the plain-
tiff has not shown facts sufficient to constitute a
cause of action, and that upon all the testimony in
the case there is no question of fact to submit to the
jury, and hence, he moves upon those grounds that
the Court direct the jury to render a verdict for the
defendant. This class of motions is termed, " mov-
ing for a direction." The defendant may also renew
his motion, made at the time the plaintiff rested, for
a nonsuit. He may also move for a dismissal of the
complaint. Either attorney may at this time re-
quest the Court to make certain rulings upon the
main issues in the case. This arises usually upon
the request of one of the attorneys to the Court to
" hold and rule " that certain specific questions in the
case should be submitted to the jury; or that there
is no question of fact to submit to the jury. Of all
these motions, counter motions, and requests, a
faithful record should be kept by the stenographer.
At this time the Court frequently makes rulings
and holdings, accompanied by remarks, which are of
vital importance in the case. These rulings and
holdings are generally stated with more formality
A Day in Court. ilS
than at any other time in the trial, and the reporter
should record them fully. These matters being dis-
posed of, that period in the case upon which the
eyes, and toward which the efforts, of every aspiring
law-student are directed, is reached —
"SUMMING UP,"
or the presentation of the arguments of counsel to
the jury. In almost all States of the Union, to the
party having the affirmative of the issue, the closing
argument is accorded. If, in the case on trial, the
affirmative be with the plaintiff, the defendant's
counsel first presents his argument to the jury; and
vice versa. Between the close of the testimony and
the charge of the Court to the jury, the reporter
usually experiences a well-earned season of rest.
Sometimes, however, he may be kept busily engaged
in transcribing abstracts of testimony of witnesses
for the use of the Court or counsel. Occasionally,
counsel, having solely in view the interests of Pos-
terity, request the " shorthand man " to preserve the
logic, wit and learning with which in words of burn-
ing eloquence it is expected to demonstrate to the
gentlemen of the jury that " the vile aspersions
which have been cast upon the fair name and
reputation of this pure woman, the defendant, are
without one scintilla of truth, and were begotten
in the lurid imagination of this plaintiff, who,
gentlemen of the jury, is a man devoid of all
sense of honor ; who, by his own confession, is a
blackleg, and a villain of the deepest dye ; a scoundrel
and a perjurer; a dcspoiler of virtue, and a fiend in-
carnate." The aforesaid " shorthand man " feeling
1 1 6 Practical Court Reporting.
o'ershadowed by the solemnity and exigency of the
occasion, viewing, in perspective, the unfortunate
consequences of a denial of these promised bon mots
to Posterity, yields, under the impulse of the mo-
ment, to the importunities of counsel and promises
" to take ' IT.' " It was upon an occasion, similar to
this, that a court stenographer consented to lend his
skill in behalf of the interests of " generations yet
unborn" by " bottling " the eloquence of defendant's
attorney. The attorney was young, and possessed, in
a marked degree, that characteristic which the " Dear
Public " have sealed as the srire indication of true
eloquence — unlimited lung power ! What though
his rhetoric rvas defective ; his sentences ungram-
matical ; his historic allusions bad, and his quotations
worse? Was it not sufficient that his thunder proved
superlative? his grandiloquence unapproachable ? his
bombast incomparable? Did not his witticisms
"bring down " the back seats? And as evidence of
the power of his pathos, could mortal ask more than
the briny tears that flooded the eyes of his fair client ?
With all these aids to the demonstration of the jus-
tice of his client's cause, is it to be wondered that
his eloquence proved effectual in — defeating him?
But, if the case were lost, the emphatic indorsement
of the "back seats" had been secured; and the
" shorthand-man " must write " IT " out. This was
done — theoretically. A verbatim transcript and
the existence of the reputation of the attorney
were impossible. The speech must be " dressed,"
which was done by the scribe. So far as neces-
sary, the original was preserved. Few sentences,
A Day in Court. 1 1 7
however, escaped reconstruction. Some additions
were made that afterward proved particularly agree-
able to the lawyer. One of these was something like
this: "Gentlemen of the jury: the counsel for the
plaintiff will attempt to villify the defendant. Look
upon her! Note well those tear-bedimmed orbs I
Let not that pallid cheek, those quivering lips and
that bowed head escape your observation. They
mutely plead to you in eloquence that far surpasses
mine. Do you believe her bad? do yoic think her
capable of wrong? No, gentlemen, she is as pure
and unsullied as the icicle that hung from the temple
of Diana! " On delivery of transcript, the prompt
remittance for this effort of the humble stenographer
was accompanied by a note of congratulation " for
the accuracy and fidelity of the report " of the speech,
which was afterward published in the county press
as the " eloquent effort " of Counselor Tugmutton, of
Tugmuttonville.
The stenographer will be required at times to read
portions of the testimony of witnesses during the
summing up. The arguing counsel may be charged
by his opponent with misstating the evidence to the
jury. A dispute will then arise respecting the evi-
dence given, resort usually being had to the report
er's notes to decide it. If the stenographer follow
the argument of counsel, he will know the instant the
disagreement occurs to what testimony reference is
made. Let him immediatel)', without waiting for a
request, look up the disputed point. Usually b\-
the time such request reaches him, he will have
found and read the testimon)'. The request being
1 1 8 Practical Court Reporting.
made, he reads the disputed testimony without diffi-
culty. This plan of immediately looking up dis-
puted parts of testimony before being requested
so to do, can, frequently, be used during the exam-
ination of witnesses. By following it, the sten-
ographer will find and read portions of his notes
readily, and will acquire the reputation of being a
good reader. These little "tricks of the trade"
are invaluable to the practitioner, who, after a few
years of experience, learns that, as in piscatorial
sport " it is not all of fishing to fish," so in court
work, it is not all of court reporting to scribble
shorthand. It is also advisable to follow the argu-
ment of counsel to the jury, because objections and
exceptions may be made and taken to portions of
it. If the stenographer be listening, he knows the
language, or its substance, used by counsel to which
objection is made or exception is taken, and writes
it in his notes with the ruling of the Court and all
proceedings that take place respecting it. It may
be that counsel, during the argument, reads, or pro-
poses to read, from a book to which his opponent
interposes an objection. Definite reference should
be made to the book and the portion thereof which
is read or proposed to be read, as well as record-
ing the objection, etc. By studying the forms
previously given respecting other matters, the
stenographer will encounter no serious difficulty
in the selection of appropriate language in which
to clothe the entries made in his notes regard-
ing proceedings occurring during the argument of
counsel.
A Day in Court. "9
The attorneys for both parties having, in turn,
"labored" with the jury,
THE CHARGE OF THE COURT
follows. " Charging the jury," as it is invariably
termed, is an address by the Court to the jury, in
which, after a brief description of the character
of the action, a concise review of the facts proven
in the case by the respective litigants, and a state-
ment of the conclusions which the plaintiff and
defendant contend should be drawn by the jury
from such facts, he " charges " or instructs them
respecting the principles of law which apply to
the various questions of fact submitted to them
for decision. The importance of what has been re-
peatedly referred to as the main, the collateral and
the incidental issues will now be apparent. Theo-
retically, before a verdict is rendered for the plain-
tiff or for the defendant, the jury, in most cases,
must have decided all these issues. The decision
of the main issue is, generally, dependent upon the
conclusions reached by the jury upon the inciden-
tal and collateral issues. So, that the Court, in
charging, usually instructs the jury with respect to
the order in which the questions submitted to them
shall be decided. Sometimes, the manner in which
the jury dispose of a question at the very threshold
of their deliberations will terminate the case. The
Court will first charge as to this question, instructing
the jury that, if, upon examining it, they determine
it in the affirmative, they need not examine any
other question, but must render a verdict either for
the plaintiff or for the defendant, according to the
120 FracUcal Court J^eporting.
determination of that question in the particular
case. If, on the other hand, the jury determine
it in the negative, they are instructed to proceed
to the examination of the other questions of fact
submitted to them. These various questions of fact
are then consecutively stated to the jury in clear,
unmistakable language. The Court, as to each ques-
tion, refers to the testimony, /r^ and coji, relating to
it, or instructs the jury to recall it. As to each of
such questions the Court also instructs the jury, that,
if they find the plaintiff's testimony establishes
the proposition contained in the question, by a pre-
ponderance of evidence, they must find a verdict for
the plaintiff; if, on the contrary, they find that
it does not, or, that the defendant's testimony nega-
tives the proposition, the Court instructs them that
they must render a verdict for the defendant. In
some cases, several of these propositions may be
so interdependent that, the statement of them,
and the rules of law applicable to them, are, neces-
sarily, very much involved. In that event, the
" blind " stenographer will meet, in the " taking,"
and afterward in reading, his notes, a formidable
and, usually, victorious enemy. Explanation of
words and terms is frequently made by the Court
to the jury. This being repeatedly done in charges,
the experienced stenographer anticipates, somewhat,
when the subject is first introduced, the language
of the Court. The difference in the meaning of the
terms " evidence " and " testimony " is usually ex-
plained. One judge, eminent in his profession, and
upon the Bench for his wide learning and spotless
A Day in Court. 121
integrity, invariably charges the jury with respect to
these words in hinguage very much Hke this : " There
is a difference, gentlemen, in the legal meaning of
the words ' testimony ' and * evidence.' Oral testi-
mony consists of the sworn statements of witnesses.
It may be true or false. Evidence is the effect of
testimony. It is that which carries conviction to
the mind ; it is that in the truth of which you have
an abiding confidence."
The phrase " burden of proof" is often the subject
of explanation. This is sometimes defined to be the
onus, or the burden, cast upon a party who alleges
a fact to show, by a "preponderance" of evidence,
the truth of the fact. The Court usually charges the
jury that, to constitute " the burden of proof," it is
not necessary that the party upon whom it is thrown
should produce, and give testimony by, a greater
number of witnesses than the party denying it.
" Preponderance " of evidence is defined to be the
" weight " of evidence ; i. e., its coyivincing power
upon the mind. It is not unusual that the Court, in
charging the jury, reads extracts from law-books and
sometimes from scientific works. The reading is of-
ten so rapidly performed, that the stenographer may
be unable to "get " the matter read ; if he succeed
in taking it, he may feel the necessity of verifying
his notes by comparison with the original. In either
case, the reporter should not hesitate to resort to the
book from which the matter was read ; and, either
incorporate such matter in his notes, or make the com-
parison referred to. In all instances, where, for any
reason, it is impossible to report the reading of por-
122 Practical Court Reporting.
tions of a book, or of a paper, the opening and clos-
ing words of the part read should be taken, and a
sufficient space left in which afterward to write the
whole of the matter read. Counsel occasionally sub-
mit to the Court written statements of propositions
of law, and request the Court to charge the jury in
the language of such statements. Sometimes the
Court does so. These written statements should be
obtained at the conclusion of the charge, and a care-
ful comparison be made between them and the notes.
If, however, the Court refuse to charge in the lan-
guage requested, the statements should be taken
in the notes in the form of a request to charge, with
the ruling and exception relating thereto.
The charge of " The Lightning Judge " has been
a subject of wide and frequent discussion in the
stenographic world. His peculiarities of speech and
idiosyncracies of thought, have been the theme of
the writer of indifferent prose, and the touchstone of
inspiration of the doggerel rhymster.
" I mean
"Those little, piddling witlings, who o'erween
" Of their small parts, the Murphys of the stage,
"The Masons and the Whiteheads of the age,
"Who all in raptures their own works rehearse,
"And drawl out measured prose, which they call verse."
He has been painted in colors fantastic, and clothed
in picturesque costume by literary dabblers. His
"charge" has been set to unrythmical rhyme, and
his, " Now, then, gentlemen," has been made to
dance with ghostly speed in the arms of his " gentle-
men of the jury." To many stenographers, he has
been an object of awe and terror — a sort of verbal
A Day in Court. 123
cannibal, who, after disabling his victim by a series
of blows from a linguistic war-club, throws the writh-
ing wretch upon a fire of burning eloquence, about
which he executes a grotesque dance to the accom-
paniment of the agonized groans and cries of his
slowly-roasting victim. From the silvery lakes of the
Pine Tree State to the Golden Gates of the Pacific
coast, and from the northern wildsof British America
to the Everglades of sunny Florida have been echoed
and re echoed the silly vaporings of would-be chroni-
clers of judges' charges. In plain English, too much
has been written by the uninitiated court stenogra-
pher upon the subject of the difficulty of recording
charges because of the high rate of speed at which,
it is popularly supposed, these are delivered; while
sufficient light has not been shed upon the question
of how to report a charge. It is not intended to
affirm, that some judges do not deliver their addresses
to the jury with a degree of speed that is astonish-
ing. The point sought to be enforced, however, is,
that this class of work is not much more difficult to
the court reporter, who comprehends the subject-
matter of the charge, than is the taking of testi-
mony of witnesses. Understanding the language
used, appreciating the application of the principles
of law to the facts, one follows the thread of the
speaker's discourse and " carries " much more in the
mind than in taking testimony. There is a continuity
of thought and a similarity of language in a charge,
as in a speech or address upon any subject, that is
favorable to this process of "carrying;" while, in
taking testimony, the ideas and language reported are
124 Practical Court Reporting.
the result of the operation of different minds — that
of counsel and witness — - with the consequence,
naturally, that a series of changes occurs as respects
ideas and language, and the rate of delivery of the
latter. It is, undoubtedly, true, that these changes
attendant upon the examination of witnesses, make
the taking of testimony more exhausting to the
nervous system than it would be were questions and
answers the emanations of the same mind. In closing
the subject of the charge, it may be stated, that, at
times, the stenographic skill of the scribe will be
taxed to its full extent ; but, if he have sufficient skill
in the application of the art to the subject in hand,
he will make a satisfactory report of charges as they
are delivered in court.
The most important of the remaining duties of
the stenographer in the trial is that relating to
EXCEPTIONS TO THE CHARGE, AND REQUESTS TO
CHARGE.
These arise at the close of the charge to the jury.
There is no rule as to the order in which the respect-
ive attorneys shall present them to the Court. The
nature of the exception here treated of is similar to
that of an exception to a ruling upon an objection,
which has been fully considered. It is the act of
calling the attention of the Court to the language of
parts of the charge which the attorney, taking the
exception, regards erroneous either as a misstatement
of the facts proven in the case, or of the law appli-
cable to the case. After the attention of the Court
has been thus called to the language which is the sub-
ject of the exception, the attorney taking it usually
A Day in Court. 125
" requests the Court to charge the jury " certain
propositions which contain his version of the facts
and his understanding of the law applicable. The
Court may refuse to change the language of his
charge ; or, upon reflection, the language of the
request may be adopted. In the first case, the ruling
ofthe Court is usually in the following language:
" I refuse to charge as requested, or otherwise or
differently than 1 have already charged the jury upon
that point." The language of the Court should be
taken verbatim. If the Court's ruling be " I refuse
to so charge," take that language. If the Court
adopt the request to charge, enter in the record
below the request the words in shorthand, "so
charged." Very frequently, the Court, upon an ex-
ception being taken to the charge and a request to
charge being made, adopts the language of the re-
quest with some modifications, which are then stated
to the jury. Or, the Court may refuse to charge as re-
quested, and proceed to amplify the charge as made
upon the point contained in the request. All should
be understandingly reported in full. Beside excep-
tions being taken to portions of the main charge,
they are usually taken by an attorney when the
Court refuses to charge in the precise language of
his request ; or, when the Court, after charging that
language, proceeds to modify or limit its application.
The form of an exception to the refusal to charge as
requested, may be : " Defendant (or plaintiff; ex-
cepted." If the Court, in addition to refusing to
charge, supplement such refusal with words of limita-
tion or modification, the attorney making the re-
126 Practical Court Reporting.
quest may except to those words. In that case, add
to the first farm just given the words " to the refusal
to charge and excepted to the charge as made." If
the Court charge the language of the request, and
Hmit or explain its application, and the party making
the request excepts, combine and use both forms of
the exception. Usually one, and in a very few cases,
both of the attorneys except to ruHngs upon requests
to charge. If the Court rule with the party making
the request, the opposing attorney usually excepts.
To illustrate : if the plaintiff's attorney make a request,
which the Court charges, the defendant's attorney
excepts ; and vice versa. The words " Plaintiff (or
defendant) excepted " is a convenient, and ample form
to use for the latter class of exceptions. Much care
and close attention must be bestowed upon this stage
of the case. As remarked in the first chapter, prob-
ably more causes are reversed upon appeal, because
of errors committed by the trial court in charging,
or refusing to charge propositions presented, than
for any other reason. Sometimes, the fate of the
case may hang upon a few words, and a careless or
incompetent stenographer may bring unlimited
trouble and great expense to litigants by poor work
at this stage of the proceedings.
The counsel having exhausted their " requests,"
the Court formally addresses the clerk with " swear
an officer, Mr. Clerk." The officer being duly sworn,
the twelve gentlemen of the jury file out of the
court-room, under his lead, by whom they are ushered
into a chamber, the proportions of which may be
fully eighteen feet long and as much as a dozen feet
A Day in Court. 127
wide, its walls tastefully decorated by the picturesque
stains of stray tobacco " cuds" and the floor prettily
carpeted by a generous coating of ancient dirt, in
artistic conformity with its cobwebbed windows. It
is here, within this spacious, well-appointed room
this " private and convenient place," midst surround-
ings so conducive to logical deliberation upon ques-
tions of life or death, right or wrong, seated upon
luxuriousl}-- easy wooden chairs, or reclining upon —
the floor — that these "good men and true" are
" kept without meat or drink " under lock and key
" until they are discharged." Is it surprising, that,
with such agreeable environment, in an atmosphere
laden with the perfume of tobacco smoke, exhaled
from aesthetic " corn-cobs," the peculiar phenomenon
of eleven stubborn jurors and one logical juryman
should be presented? In other words is it astonish-
ing — is it not, rather, to be expected, that under
such manifestly improper circumstances jurors will
disagree? and that litigants will be put to a retrial
of cases at the expense of their pocket-books, and
to the financial emolument of lawyers ?
Jurors sometimes have strange experiences. It is
not a year ago that a jury was sent to deliberate
upon a verdict into a room similar to that just de-
scribed. Ballot after ballot was cast, but without
hope of reaching a verdict. Among the jurymen
was a gentleman noted for his wit, good temper and
uprightness as a citizen, and as having served with
distinction during the war of the Rebellion. Realiz-
ing that resort to strategic tactics was necessary in
order to dislodge the enemy from its strong position.
128 Practical Coin-t Reporting.
and feeling the spirit of martial music stirring within
him, he struck up " Sherman's March to the Sea,"
accompanying the opening words by marching to the
time of that stirring song. Involuntarily, his co-
jurors joined him, and the sound of their combined
voices rang through the old court-house, to the regu-
lar tramp, tramp, tramp of their moving feet. The
measure proved effectual. The old soldier converted
his eleven stubborn colleagues to his views, and the
plaintiff got a verdict.
Upon the retirement of the jury at the end of the
trial, the exhibits in the case, or some of them, may
be submitted to them. The stenographer should
make an entry in his notes of the papers so submit-
ted, stating, according as the fact may be. whether it
is by direction of the Court or by consent of the re-
spective counsel.
The retiring jury having fully entered upon the in-
vestigation of the case, a dispute may arise among
them as to portions of the evidence. They communi-
cate this to the Court in writing, through the medium
of the officer, with a request to have such evidence read
to them by the stenographer. Generally, the Court
allows this to be done, and they are brought into
court. The Court sometimes informs the stenogra-
pher of the request of the jury as soon as it is received.
This ought always to be done by the Court, in order
that the stenographer may have an opportunity to
find the testimony which he is to read, while the jury
are coming into court. Assuming that the jury are
brought into court, the stenographer should note that
fact in the minutes, also the purpose of their coming
A Day in Court. 129
and refer to the portions of testimony read to them,
besides all other proceedings that occur in the nature
of motions, requests, objections and exceptions by
counsel and rulings and remarks by the Court. He
should note also the fact of their return to the pleas-
ant quarters from whence they came. When the jury
come into court and render a verdict, that fact should
be entered in the minutes, with a statement of its na-
ture, and whether it is for the plaintiff or for the de-
fendant. Sometimes, the attorney against whom the
verdict is rendered asks to have the ceremony of
POLLING THE JURY
performed. This consists of calling the names of the
jurors separately by the clerk, and, as each name is
uttered, the clerk inquires " Is that your verdict?"
A statement in the stenographer's notes to the effect,
that upon request of plaintiff's or defendant's attor-
ney, the clerk duly polled the jur}\ will be sufficient.
If the jury, on coming into court, announce their in-
ability to agree, it is suggested to the stenogra-
pher to take the inquiries of the Court, directed to
the jury, as to whether there is any prospect of an
agreement being reached, and the responses, usually
made through the foreman. The Court may discharge
the jury, or direct them to again retire for further de-
liberation. In either case, an appropriate entry should
be made in the minutes of the fact.
Certain proceedings, subsequent to the rendition of
the verdict, w ill engage the attention of the stenog-
rapher, and should be entered in the notes.
A motion for a new trial and to set aside the ver-
130 Practical Court Reporting.
diet is invariably made by the defeated party. Thi?i
step is taken to provide for the contingency of an
appeal. A facetious attorney once remarked to a
judge, who had presided at a trial upon which the
attorney had been recently defeated, that there were
but two remedies open to an unsuccessful lawyer:
*one was to take an appeal, and the other to go into
the back yard and swear at the Court. There being
ii presumption of law that a defeated counsel will
swear at the Court, it may be remarked, incidentally,
that it is unnecessary to '' take " it 1 The attorney
making a motion for a new trial and to set aside the
verdict, generally states the grounds or reasons of
the motion. These differ so widely in the different
States of the Union that it is unnecessary to state
them. In the " Code " States, the procedure is gen-
erally pointed out by statute, and the making of the
motion is a mere formality. The grounds stated
should be taken, likewise the ruling of the Court,
which, except in special cases, is almost invariably a
denial of the motion. The attorney against whom
the ruling is made takes an exception which should
be noted in the minutes. In some States, there is a
provision of law that, in certain specified cases —
usually those of an "extraordinary and difficult"
nature — the Court may make an
EXTRA ALLOWANCE
of costs to the prevailing party. The amount is
generally determined by a percentage — limited to a
certain rate — upon the amount of the verdict or
the sum in controversy. While it is unnecessary to
insert this in the minutes, yet, as it requires but a
A Day in Court. 131
brief statement, and may prove of convenience to
the attorneys, it is well to note it.
Like the convulsive gasp of a dying man, or like
the furtive hoot of a dazzled owl, wiien,
"****** jocund day
"Stands tiptoe on the misty mountain tops,"
the unsuccessful attorney pleads for
A STAY OF PROCEEDINGS,
which the Court generally grants. The meaning and
effect of this is to " stay," or to use a homely phrase,
" put off," the issuing of execution until a time fixed
by the Court. This term varies in the different
States. In some States, it is generally granted until
a notice of the entry of the judgment in the clerk's
office is served by the attorney winning the suit upon
his opponent. An entry of this stay in the notes is
unnecessary; but, as stated respecting the entry of
the extra allowance of costs, it may be made.
It will be seen, by a careful perusal of the fore-
going chapters, that a day in court may furnish the
stenographer with much labor, mental and physical ;
that the book of human nature, with its diversified
phases of character, will be open to him, and that the
dry tedium of a trial may be lighted up with occa-
sional shafts of wit and many rays of humor. And.
when the reporter reaches the close of the proceed-
ings of the day, a consciousness of duty faithful!)'
performed to the extent of his ability, should per-
vade his mind, as he listens to the court crier, who
is now fully awake, " Hear ye ! Hear ye ! all manner
of persons who have any further business at this
Ci'Cnit Court and Court of Oyer and Terminer, let
132 Practical Court Reporting.
them depart hence and return here to-morrow morn-
ing, at 9 o'clock, unto which time, these courts are
now
ADJOURNED."
CHAPTER VII.
A MIXTURE.
Beside the Supreme Court, which, as before
stated, exercises jurisdiction throughout the State,
there are in the various counties of almost every State
in the Union, courts of record, the jurisdiction of
which does not extend — except for certain specified
purposes — beyond the borders of the county. These
courts are generally known as County Courts, Courts
of Sessions, Courts of Common Pleas, Surrogates'
Courts and Probate Courts, according to the State
wherein they exist. For the purposes of this work,
it may be stated that County Courts and Courts of
Common Pleas have jurisdiction in civil cases of
causes of action arising within the county in which
the amount involved does not exceed a sum, which
is usually fixed by statute in each State, e.xcept cer-
tain classes of cases of an equitable character, and
except in matters relating to the probate of wills and
the care and administration of estates of deceased
persons. The territorial jurisdiction of Surrogates'
Courts and Probate Courts, like the first class men-
tioned, is confined to the count)', and the subject-
matter of their jurisdiction is limited, usually, to the
care and administration of the estates of deceased
persons, and the probate of wills. In some States
134 Practical Court Reporting.
these courts have jurisdiction of the estates of infants.
They exercise civil jurisdiction exclusively. Besides
these courts, there are courts of record, the terri-
torial jurisdiction of which is the same as those just
mentioned, having criminal jurisdiction solely. These
are known in some States as Courts of Sessions, in
others as Courts of General Sessions, and in others
as Quarterly Sessions, etc., etc.
In the State of New York terms of the County
Court and the Court of Sessions are held at the same
time and place. The judge of the county presides
alone in the County Court. In the Court of Sessions
he is the presiding officer and he is assisted — theo-
retically — by two Justices of Session, referred to
in a preceding chapter as "Block" justices. These
adornments of the criminal branch of the court are
not a part of the machinery of the County Court.
Their field of usefulness is limited to the Court of
Sessions. It may be said of some of these officials
that their duties seem to consist, principally, in vary-
ing their moods of feeling, and facial expression, to
correspond with the character of the proceedings
transpiring before them — looking wise when proper,
laughing and cracking a joke at the opportune time,
but always on the alert to consult, tete-a-tete, with
" his honor " in making rulings, and, at the close of
the term, to receive for this labor, so exacting men-
tally and physically, three dollars per day. A spirit
of rivalry appears to always exist between some of
these functionaries as to who shall occupy the seat
nearest the presiding judge. Their existence in the
judicial system of the Empire State is based upon
A Mixture. 135
a conception as beautiful in theory — but as farcical in
practice — as that of the jury system. That theory
is, that, being laymen, men of affairs, accustomed to
the practical matters of life, their knowledge will aid
the presiding judge in meting out justice ; the ancient
fiction of the law being that judges and lawyers are
men who deal with theoretical and abstract prin-
ciples — bookish men — and hence their judgment is
not reliable upon business affairs.
At a term of these courts, civil and criminal cases
may be tried without any difference in the constitu-
tion of the court other than the participation of the
" Block " justices. The proceedings are the same in
both courts as respects juries and other details al-
ready fully considered in the four preceding chapters.
No further instructions are necessary respecting the
duty of the stenographer in these courts.
The power of appointing a stenographer for these
courts usually rests with the county judge. The/rr
dicvi compensation is, in New York State under an
act of the Legislature, fixed by the Board of Super-
visors of the county. Usuall)' the bulk of the busi-
ness consists in the trial of criminal cases, the argu-
ment of causes on appeal from lower courts, and the
trial of an occasional ci\'il case. The proceedings
upon the argument of appeals need not be reported,
unless by special request.
There is one feature in a criminal case that needs
consideration — the arraignment of a prisoner. For
this purpose he is brought into court, the charge or
accusation against him read to him by the district
attorney or prosecuting officer, and he is then re-
136 Practical Court Reporting.
quired to plead thereto — ^ that is, to say whether he
IS guilty or not guilty. If no other proceedings be
taken at that time, it is not necessary for the stenog-
rapher to make a record of what occurs. The clerk
does that. If, however, after the indictment has been
read to the defendant, his counsel demur thereto, or
move to " quash " it, as it is termed, or, if he make
any other motion, it should be entered in the minutes
of the case. This may also arise in the Court of
Oyer and Terminer, held in connection with the
Circuit Court. It should, of course, be treated in the
same way at that time.
There are some terms used in criminal cases that
may need explanation. In some States, New York
for instance, the sovereign power, the people of the
State, prosecutes criminals : hence the name of the
first party in the title of a criminal case is, " The
People of the State of New York ; " the prosecuted
person is now, technically, known as the defendant —
the same as in a civil case. Formerly, the technical
term was " prisoner." In practice, the words " The
People " are sufficient for all purposes of the sten-
ographer. The full name, however, is technically
proper. In other States different terms are used to
identify the parties. Sometimes it is " The Com-
monwealth " of — Massachusetts for instance, or of
other States ; at other times it is simply " The State."
The prosecuting attorney is differently designated.
In New York State he is known as the District At-
torney; in other States as the State's Attorney or
County Attorney ; and, in some States criminal cases
are prosecuted by the Attorney-General of the State.
A Mixture, 137
It may be stated as a general rule that, before a
person can be placed upon trial for a crime, a grand
jury of the county wherein the crime has been com-
mitted must have sufficiently inquired into the facts
and circumstances connected with its commission as
to enable that body to conclude that probable reason
exists that the crime has been committed by one or
more persons. A grand jury maybe summoned and
sit at a term of the Circuit Court and Oyer and Ter-
miner, or at a term of tlie County Court and Court
of Sessions. Except in counties where much crimi-
nal business comes before the courts, a grand jury is
only in attendance at the Circuit term of the Supreme
Court. The practicing stenographer in the State
of New York ought to be familiar with the character
of the proceedings of this body, because, by recent
legislation in that State, a stenographer, under cer-
tain circumstances, may now be appointed to report
them in full. Twenty-four persons are summoned
from the body of the county to act as grand jurors.
The grand jury must consist of not less than sixteen
and not more than twenty-three persons. At least
twelve grand jurors must concur in the finding of an
indictment. The proceedings of the grand jury arc
conducted in rooms provided for them, usually within
easy access of the court-room. The Court appoints
one of the grand jurors to act as foreman, who is the
presiding officer during their deliberations. Having
reached their rooms, the work of organizing is com-
pleted by the selection of some person as clerk whose
business it is to keep minutes of the proceedings in-
cluding the testimony given by witnesses. No per-
138 practical Court Reporting.
son except the district attorney (unless a stenographer
has been appointed to report the proceedings) is per-
mitted, unless subpoenaed as a witness to testify before
them, to be present during their proceedings, and
even these two worthies are excluded from the grand
jury room when the question of finding an indict-
ment is being determined. The principal work of
the stenographer in reporting the proceedings of the
grand jury will be to record the testimony of wit-
nesses. There is but one kind of examination,
strictly speaking — the direct-examination. Grand
jurors may question persons closely who come before
them ; but, technically, there can be no cross-exam-
ination. There are no objections, rulings, exceptions
or motions to be taken. Therefore, very few forms
will be necessary in doing this description of work.
The minutes should contain the title of the case be-
ing inquired into. A very simple form for this is
"The People vs. John Doe or Richard Roe," or
whatever the name of the person accused of the crime
may be. Following this should be a statement of the
character of the proceedings, the date, place, etc. An
arrangement might be made between the clerk and
stenographer that would render unnecessary by the
latter any entries respecting the names of the grand
jurors present. A perfect record should contain the
names of all grand jurors present during the proceed-
ings ; and if, during the session, a grand juror be ex-
cused, the record should show that fact, and the name
of the grand juror. The only other entries necessary
to be made are those relating to adjournments, the
names of the persons sworn and examined and the
A Mixture. 139
questions put to them and answers thereto. It is un-
necessary to specify the name of the questioner or
questioners. If the form given above for the head-
ing of proceedings in cases before grand juries be
thought insufficient, the following might be used
with full confidence that it covers every feature
necessary to appear upon the record : " State of New
York, County of Fulton. Minutes of Proceedings
of the Grand Jury of the County of Fulton, taken
and had at the grand jury rooms in the court-house
at the village of Johnstown, in the County and State
aforesaid, summoned to attend at a Circuit Court
and Court of Oyer and Terminer held at the court-
house in Johnstown aforesaid, commencing on the
19th, day of October, iSgi.and of the testimony and
proceedings taken and had upon the investigation
into the commission of the crime of burglary, alleged
to have been committed by one John Doe, (or by
some person or persons to the grand jurors unknown),
on the night of July 4th, 1891, at the town of Op-
penheim in the county aforesaid.
Present: John Roe, Foreman of Grand Jury
(then follow with the names of all the grand
jurors present, after which write the words,
** grand jurors.")
(Then continue^ James Dixon, Dist. Atty.;
John Fastwriter, Stenog-
rapher to grand jury.
Proceedings of October 20th, 1891.
Richard Roe, having been duly sworn as a
witness upon this inquest into the commis-
sion of the said alleged burglary, testified as
I40 Practical Court Reporting.
follows : " (Follow with the testimony of the
witness.)
The witnesses having been sworn, and the jury
having found an indictment or dismissed the investi-
gation, make an appropriate entry to show those
facts. Upon the examination of witnesses before
grand juries a legitimate field is presented for the
extensive use of the narrative form of note-taking.
The work at times is very rapid as witnesses are
usually prepared with their stories, and they are given
carte blaiicJic to tell it as rapidly as speech will per-
mit. Resort to the expedient of " throwing the ink
bottle " whenever necessary. Reporting the pro-
ceedings of grand juries will never become a very
fruitful field of labor for the stenographer. By a
rule of practice, the counsel of an indicted person
may apply to the Court when his client is arraigned,
for a copy of the minutes of testimony and proceed-
ings taken before the grand jury. This application is
often granted. It furnishes ammunition to the
defendant to use against the prosecution when the
case is tried. The district attorneys in certain
counties have a voice in the question of appointing
stenographers to grand juries, and as a rule are un-
favorable to it, because the stenographer making a
full record of all that occurs, the defendant's attorney
who obtains a copy of the proceedings of the grand
jury will get much more ammunition to use against
the prosecution upon the trial than if nothing but
the rough minutes of the clerk of that body were
furnished.
The grand jury having determined that a crime
A Mixture. 141
has been committed by a particular person, they re-
duce their conclusion to writing. This is called an
indictment. This instrument sets forth the crime
committed, the time and place of its commission,
and certain other details. The number and charac-
ter of the essentials of an indictment differ widely
in the various States of the Union. Certain technical
rules respecting forms and phraseology apply to in-
dictments, the application of which in practice gives
rise to numerous motions and proceedings upon, and
after, the arraignment of a prisoner. As before re-
marked, these motions and proceedings should be
entered upon the minutes by the stenographer.
There are occasions when the suggestions given in
preceding chapters regarding the digesting of objec-
tions and other proceedings and the use of the nar-
rative form of note-taking may be applied to similar
matters in criminal cases. But the stenographer
should be more circumspect in the use of these ex-
pedients in such cases.
Surrogates' Courts or Probate Courts are in many
counties presided over by the judge of the county.
In Gounties where the population exceeds a speci-
fied number, the office of surrogate or probate
judge is distinct from that of the county judge, or
judge of the Common Pleas, as the case may be ;
and, of course, the county judge and the surrogate
are different persons. No jurors are in attendance
in these courts. The presiding officer — the surro-
gate or judge — decides both questions of law and
of fact. The subjects which occupy the attention of
these courts have been referred to in this chap-
142 Practical Court Reporting.
ter. In rural counties, the stenographer will not be
called upon very often to report the proceedings of
these courts. His employment is usually limited
contests arising upon the probate of wills. Some-
times proceedings arise respecting various matters
in the administration of large estates wherein the
interested parties can afford to employ a stenogra-
pher, and in these a stenographer is occasionally
employed.
Contested will cases only will be considered in
this connection. A will, for the purposes of this
chapter, may be defined to be the wishes of a per-
son, expressed in writing, respecting the disposition
of his property, real or personal, after his de-
cease. Certain formalities regarding the execution
of a will are necessary to be observed to render it
valid in that respect. Usually a will nominates a
particular person or persons — termed "executors"
-— to carry its provisions into effect. Upon the pre-
sentation of a verified — -sworn — petition to the
surrogate, or probate judge of the county having
jurisdiction of the matter, there is issued to every
person interested in the estate of the deceased per-
son, whose will is the subject of the proceeding, what
is known as a " citation." This is a paper in the
nature of a notice to the interested persons to show
cause at a time and place therein mentioned why
the will should not be admitted to probate, i. e.,
proved and decreed by the Court to be a valid and
sufficient will. Upon the return day of the citation,
any interested person who conceives that he has a
legal reason to show why the will should not be
A Mixture. 143
admitted to probate, may appear and file objec-
tions in writing to the probate of the will. The
person proposing the will for probate is known as
the " Proponent," and the party making objection
to it is called the " Contestant." The objections
may be directed to the genuineness and validity of
the execution of the will, or they may relate to the
exposition of it, that is, its construction and effect.
Objections respecting the validity of the execution
of the will may be based upon alleged undue, im-
proper influence brought to bear upon the person
making the instrument — termed the testator. That
is, instead of being the will of the testator, it is really
the will — the expressed wish, or desire — of the
person exercising the improper influence. The ob-
jections may go to the mental condition of the tes-
tator. The scope of the present work will not per-
mit extended consideration of the law and rules of
procedure relating- to this subject. The issue to be
tried and determined is framed by the petition pray-
ing for the probate of the will and the objections
filed. This issue is tried before the surrogate or
probate judge without a jury. Usually the stenog-
rapher will commence his labors with the testimony
upon the contestant's side of the proceeding. It is
seldom that the case is completed at one hearing.
In fact, it may extend over a period of a year
or more, adjournments being taken from time to
time. The stenographer will invariably be called
upon to make one or more transcripts of the pro-
ceedings. The interim between the hearings will
generally afford ample time for making these. The
144 Practical Court Reporting.
proceedings respecting the swearing and examination
of witnesses, objections, offers to prove or to show,
ruHngs and remarks by the Court and exceptions are
substantially the same as in the trial of a case in the
Circuit Court, and the instructions already given are
applicable to them. The title of the case, which the
stenographer can always obtain from the papers in
the cause, will be different. The appearances for the
respective parties may be noted in the minutes, the
same as suggested for a case at circuit. The re-
porter in this kind of work will, however, find por-
tions of it very difficult. Reference is made to the
medical testimony which forms a very conspicuous
and important feature. Persons who are known as
" experts," having knowledge of special subjects,
may give an opinion upon questions of trade, skill
or science from the facts proven or the circumstances
noted by themselves, and, in respect to the question
of sanity, the opinion, not only of medical experts,
but non-professional witnesses, is, in some cases,
competent. Hypothetical questions — that is, ques-
tions assuming the existence of the facts stated in
them — are put to medical and other expert wit-
nesses. These questions assume to contain a state-
ment of the facts which the party putting them
claims to be proved in the case; and upon such
assumed facts the expert witness is asked — if he be
a physician for instance — to state his opinion as to
whether those facts indicate that the testator was,
or was not, afflicted with any disease. Of course, if
the witness be called by the contestant, he will,
undoubtedly, be of the opinion that the testator was
A Mix in re. 145
afflicted with some disease. Then will follow ques-
tions showing the effect of such disease upon the
mind, the direct-examination closing usually with the
opinion of the witness tending to show the mental
incapacity of the testator. Up to this time the ex-
amination will not have been difficult. But from the
commencement of the cross-examination to the close,
the scribe will find his "hands full." The witness
will be questioned concerning the various phases of
the disease; his opportunity for observation of it,
and his experience in its treatment, interspersed
with illustrations from cases which he has met
in his practice. The causes of the disease and its
effects upon the mind and body will not be omitted.
The anatomical, physiological, biological and psycho-
logical knowledge of the disciple of Esculapius will
be full)- aired. These gentlemen always evince an
abnormal desire to exhibit their medical learning and
erudition. This is proper; they are paid to do so.
Their compensation as "experts" varies, ranging
from the " meek and lowly " sum of $5 per da}- and
expenses, up to the princely remuneration of S500
per day, without expenses. In coping with this speci-
men of the ^rw/^j- witness, the reporter will have in-
describable difficulty unless he arms himself with the
proper weapon of defense — knowledge. However
vague and superficial his information maybe respect-
ing the subjects upon which experts are examined, it
will prove serviceable. Me will fiml himself many
times forced to read up ou particular subjects, espec-
ially upon diseases affecting the nervous system. He
should have at hand for reference, or obtain access
146 Practical Court Reporting.
to, standard works upon anatomy, physiology, thera-
peutics and psychology. In lieu of a better source
the library of the family physician may be resorted to.
In fact, no opportunity should be neglected to in-
crease one's store of information upon scientific sub-
jects. It is thought that what has been written in
this chapter upon this subject, read in connection
with the rules and instructions laid down in previous
chapters (which are applicable to the proceedings in
these courts), will enable the stenographer to under-
standingly report the principal work which will
come to him in surrogates' courts or probate courts.
A very important and lucrative branch of the law
stenographer's work, consists in reporting cases tried
by and before referees. Allusion has been made to
the details respecting the appointment of the referee
and the steps necessary to be taken, down to the
time of commencing the trial. A referee may be
described as an officer or arm of the court ; or an
instrument through which the court, in certain cases,
acts. Subject to the supervision and approval of the
court appointing him, a referee has substantially the
same powers as the court. He has authority to rule
upon objections, and to receive or exclude testimony ;
to direct the course of the trial, and generally to ex-
ercise all the powers necessary to control the refer-
ence. The important difference to the stenographer
between trials at circuit and before a referee, is, that
in the referee's court there is no jury; the trial is
longer ; the hearings usually occupy one or more
days — seldom more than two; and one or more
transcripts of the proceedings are required. These
A Mixture. 147
arc usually prepared between the hcdring.s ready for
counsel at the hearing subsequent to that at which
the minutes were taken. The title of cases ; the
description of the litigants and of their attorneys;
the papers in the case; the different examinations
of witnesses, objections, rulings, exceptions, offers,
etc., etc. - all these details are the same as in the
trial of a case at circuit before a jury.
Frequent use has been made of certain terms. Be-
side those alluded to in this chapter, an explanation
of some others which have been used in previous chap-
ters is thought necessary. The word "Court" applies
to a tribunal, clothed with the power of examining into
and determining disputed questions submitted to it.
The words " The Court," used either as a singular
or collective noun, refer to the person or persons
authorized by law to execute the powers of a court.
The term is properly used no matter whether one or
more persons constitute " The Court." The term
"judge" or "judges" may be, generally, used in
the same sense as the words just explained. The
words " party " or " parties " have a technical mean-
ing. They refer to the person or persons bringing an
action as well as to those against whom it is brought.
To illustrate: It is proper to say " party (or parties)
plaintiff" or "party (or parties) defendant." The
words " attorney" and " counselor " are used inter-
changeably in those States where the distinction be-
tween attorneys and counselors has been abolished.
Usually, the person who institutes an action for a party
or parties plaintiff, or defends an action for a party
or parties defendant, is known as the " attornc\' of
148 Practical Coiirl Reporting.
record;" i. e., he is the attorney "of" (or on) the
" record." An attorney of record, or a party, may em-
ploy another attorney to assist in advising in the
preparation of a case for trial and to assist upon
the trial. Such an attorney is usually called " counsel."
The last word is used either in a singular or plural
sense. The terms " case," " cause," " action," " suit,"
" lawsuit," are used interchangeably in common par-
lance ; and have received the sanction of the Bench
and the Bar. The two last terms " Bench " and
" Bar " relate, the first to the judges of courts, while
the latter embraces attorneys and counselors. The
word " clerk " as used means the " clerk of the
court." The clerk of the county usually exercises
the functions of this office. The words "appear"
and " appearance " have a technical meaning. A
party against whom an action is brought may " ap-
pear " either in person or by an attorney, by serving
a notice to the effect that he does so appear in the
action. The plaintiff or defendant " appears" upon
the trial of a case either personally or by attorney by
being present and participating in the proceedings.
A party to an action or his attorney being present
in court, and not taking part in the trial of the
action, does not technically appear. Default in ap-
pearance is as complete by the presence and silence
of a party and his attorney as if both were thousands
of miles from the scene of the trial.
CHAPTER VTII.
READING AND TRANSCRIBING NOTES.
Knowledge is valuable in proportion to its utility.
Theoretical principles, unaccompanied by practical
application, are as valueless as the work of the
pioneer without the development of the settler.
This is as true of stenography as of any other sub-
ject. Its usefulness is proportionate, to the facility
and accuracy with which it may be read, first by the
writer and second by others. This, perhaps, is more
strictly true of the application of this art to court re-
porting than of any of its diversified uses. For, the
court reporter may be called upon at any time to
read, not only a question and answer, but large portions
of the testimony and other proceedings of a trial. This
too, regardless of the abstruse or simple nature of
the subject matter, the speed at which it was uttered,
or the precision with which the shorthand characters
may have been written. It is customary in taking
testimony before an e.xaminer in causes pending in
United States Courts, to have every question and
answer read to the witness. In patent cases, where,
of necessity, the testimony, is of a tcchnic.il character,
abounding in descriptions of all sorts of machines,
and their component parts, and the relation and in-
terdependency of these, the ability to read one's
150 Practical Court Reporting.
notes with ease and certainty is of the highest
importance. It is, when brought face to face with
these considerations, that the question of whether
the scribe is a disciple of Mr. Longsystem or of Mr.
Shortsystem sinks into insignificance. It is merely
a question of being able to read what has been ut-
tered and taken down, and to read it aloud, unhesi-
tatingly, with, sometimes, hundreds of eyes upon,
and as many ears listening to, the reader. Some-
times a stenographer is sworn, and, under oath, re-
quired to read his notes of the testimony given by a
witness taken a year or more before. In such in-
stances he may have an opportunity of reading the
matter before testifying. The author had been re
porting in court but a year or two, when, at a term
of the Supreme Court held in W County (N. Y.),
he was unexpectedly required to read (from his
notes) to a jury the whole of a "rare and racy"
slander case just reported. The testimony abounded
in indecent and unclean expressions. The stenogra-
pher, naturally modest and retiring, was overcome
with confusion and nervous fear at the task before
him. But what could be done? Remonstrance would
be futile ! Refusal meant disgrace — a tacit admis-
sion of incompetency ! The scheme of fainting pre-
sented itself to his excited mind ; but this was im-
practicable as the hour of evening adjournment was
near. Completely " cornered," with no avenue of
escape, his modesty, fear and hesitation disappeared.
He rose before the jury, cleared his voice and began
to read. Resolved to do his duty, or perish in the
attempt, he unconsciously warmed to the subject in
Reading and Transci ihing Notes. 151
hand. Regaining complete composure, he became
oblivious to his surroundings, and, with such empha-
sis and effect did he read, that the foul and obscene
words uttered by the defendant " of and concern-
ing" the immaculate plaintiff seemed more foul and
more obscene, and the jury, in their wisdom, ren-
dered a verdict for $50 more than that which the jury
in the first case had found upon the same testimony.
What indorsement of the effect of one's reading
could have been better ! We have ever since ap-
proached the work of reading our notes with a light
heart and a joyful countenance, and prefer it, any
time, to the exhausting labor of note-taking.
About two years ago, we were employed to read
to the Board of Supervisors of Fulton County (N. Y.)
about two thousand five hundred folios of original
stenographic notes of testimony, taken some months
previous to the reading. It required six days to read
this mass of evidence, which was done in public, be-
ginning each day at 9 A. M. and continuing until
about 5:30 P. M., with short recesses. The notes had
been taken quite rapidly, without expectation of
reading the same, except for transcription. The rate
at which the notes were read, averaged two hundred
words per minute. So far as we are aware, this is
the longest continuous period of time ever occupied
in publicly reading original stenographic notes. This
performance would have been impossible except for
two reasons, viz.: first, a perfect comprehension of
the subject-matter of the notes, and, second, a legible
system of shorthand. The legibility of the system
is founded upon the use of rational prmciples of
152 Practical Court Reporting.
writing, natural phrasing, writing out in longhand
unusual names and words, " repairing wrecked "
outlines, and using small characters, written with
such precision as the capabilities of the writer make
possible. In other words, the system used is written
with comparatively little difficulty and easily read.
We have for many years given careful and compre-
hensive consideration to the subject of reading short-
hand notes, and we feel able to offer to the practi-
tioner, especially the young one, valuable suggestions
upon it. These suggestions will be separately consid-
ered in the following order:
I. CONFIDENCE.
The corner-stone of success as a ready and accu
rate reader is confidence. Some young people are too
prone to underrate their capabilities. Especially is
this true of some persons who are, in fact, competent.
This class should foster the feeling that their pro-
ficiency is equal to that of any other person. This
will engender a spirit of assurance, which will, event
ually, develop into that perfect confidence, which is
the offspring of experience and practice. Conscious-
ness of one's power will depend somewhat upon the
physical condition Steady nerves and a " cool
head " are essentials ; and these depend largely upon
habits of life. A court reporter after a hard day's
work cannot plunge into a debauch extended into
the "wee sma" hours of the morninc:. If he do,
his notes of the succeeding day will be as uncertain
as the walk and speech of a drunken person,
" Early to bed and " late to rise should govern the
habits of the stenographer in attendance at a term
Reading and Transcribing Note^. 153
of court. This bears directly u[)on the question of
reading notes; for, the difficulty of reading steno-
graphic notes is largel)' dependent upon tlie care and
precision with which they are made. Unsteady
nerves, a throbbing head and a weary body have
never been conducive to dehcacy of touch and accu-
racy in the formation of shorthand characters.
II. FINDING TESTIMONY.
One's equanimity is affected by his surroundings.
If called upon without previous notice, to read from
his notes, and if much time be spent in " finding the
place," the stenographer, if at all sensitive to criti-
cism, will become confused. This affects, as before
remarked, the ease with which the reader performs
his dut}'. Hence, every means which tends to re-
duce to a minimum the difficulty of finding a given
portion of the notes of testiinony facilitates the ease
of reading. Experience has shown that certain ex-
pedients may be used for this purpose. First, the
name of each witness should be written out in bold,
conspicuous longhand. The names of the witnesses
and the pages of the notes upon which they appear,
should be written upon a sheet of paper, called by
some, a " side sheet," but which has been before re-
ferred to as a " temporary memorandum " sheet.
The commencement of the cross-examination should
be indicated by either a large cross or the abbrevia-
tion " Cross Ex." This should also be so conspicu-
ously written that, in hastily turning the leaves of the
note-book, or sheets of paper, it will be quickly
seen. This should be indexed upon the side,
or " temporary memorandum " sheet. The remain-
154 Practical Court Reporting.
ing examinations of the witness should be treated
hkewise. This sheet should cover every feature of
the case susceptible of being indexed. The stenog-
rapher being called upon to read the "tesitmony
given by a witness respecting a particular subject,
should inquire, if it be not stated, whether the
statements of the witness upon the direct-exami-
nation or other examination are desired. Learn-
ing this, he refers to his side sheet, discovers the
page upon which the examination from which he
is to read commences, and, if he be quick of eye
and thought, he can run the notes through un-
til he finds the testimony wanted. As the testi-
mony is being given by witnesses, he should
endeavor to fix in his mind the subjects upon
which they may testify. At first, this will appear
impossible ; but experience will enable one to do
this, as well as a great many other incidental mat-
ters which upon the first blush seem impracticable.
If the testimony to be found relate to the ques-
tion of contradiction, the use of the indented form
of note-taking, the waved line, and the writing in
longhand of proper names and of infrequent words
and technical terms, will prove of incalculable
benefit. The young practitioner will experience
trouble in remembering the subject of the tes-
timony he is to find. To avoid this, write upon
a side sheet (other than that used for indexing) a
brief statement of the matter to be read. First be
sure you understand what is wanted, " then go
ahead." Above all "keep cool." It is impossible
to over-estimate the importance of coolness. If one
Reading and Transcribing Notes. 155
become excited, he invariably performs his work in-
diftercntly, very often badly.
III. READING.
Having found the testimony to be read — read it ;
but without rising. Do not be afraid that the cross-
eyed man in the b;ick seat, with one eye reproach-
fully fixed upon )'ou and the other studying the ceil-
ing, may hear you. Perhaps he may be entitled to
that privilege by reason of the fact that he helps pay
your salary, by way of taxes. Throw your shoulders
back, hold up your head, expand your chest with the
pure (?) air of the court-room ; clear your voice, and
read — don't whisper. Read distinctly, in a firm
voice, so that every man, woman and child in the
room may hear. It is a duty you owe your em-
ployer — the county — as well as a sacred obliga-
tion to the profession of which, it is hoped, you are,
or may become, an' honored member. These
physical efforts will, of themselves, tend to give you
confidence. But withal, exhibit no pomposity.
Simpl)' do your duty fairly and fearlessly, and in a
proper manner.
IV. THE STENOGRAPHIC NOTES
should be written as small as possible, and placed
as closely together as practicable, i. e., instead of a
page of notes presenting a sprawling appearance,
it should appear compact. By following this method,
a sharper distinction between question and an-
swer, even in the indented form, will be obtained.
Outlines of unusual words should be as freel)'
vocalized as time permits, or the corresponding
156 Practical Court Reporting.
longhand word be written over the shorthand out-
line. Miscellaneous matter like objections, offers to
prove, remarks and rulings by the Court and excep-
tions should be indented, commencing at a point co-
incident with, or a little to the left of, the beginning
of answers. At first a tendency to make large, awk-
ward-looking outlines will exhibit itself. The only
remedy is practice, accompanied by a constant effort
to write small characters. Whenever a lull in the pro-
ceedings occurs, if the stenographer be not wearied,
he should write in longhand unusual words and re-
pair "wrecked" outlines. The latter is of grave con-
sideration. A long answer of an expert witness has-
tily delivered may be easily read at the time of tak-
ing it. Memory, in such cases, aids the reader. But,
after the notes have "cooled," and the memory
grown indistinct, the indefinite character of short-
hand symbols renders advisable resort to every legiti-
mate resource to make legible and certain the exact
words uttered. Especially should this rule be fol-
lowed, where the context is obscure. Very often the
phonographic "T " will have lost all its uprightness
of character and be mistaken for its bow-bent, round-
shouldered neighbor " F ; " or the "straight and nar-
row path " which " K " ought to follow may be de-
serted for the uneven road pursued by " M " and
" N." The cheerful " ticking of the clock" may be
prostituted to the uncongenial office of " an attack
of colic." A circle may " condense " an idea that, if
suspended from a hook might " contain " it. In
short, that should be done to shorthand notes which,
applied to longhand writing, is known as " crossing
Reading and Transcribing Notes. 157
the T's and dotting the I's ": Straigliten tlie outHnes ;
write out proper names and unusual words. The
question of whether one should use shorthand char-
acters to represent figures has occupied the attention
of court reporters. Systenns relating to these have
been devised and published to the world by men of
experience. Notwithstanding this, it seems impos-
sible that there should be any diversity of opinion
upon this subject. Arabic numerals are as easily
written as their shorthand equivalents, and much
more easily read than the latter. They ofttimes form
one of the most important of aids to finding testi-
mony. In a page of notes, a few Arabic numerals,
with or without the dollar sign, stand out conspicu-
ously, and the eyes of the scribe twinkle with delight
when he meets their welcome countenances in a
search for testimony. The advantage of their use
more than compensates for any slight difference
in speed, (if there be any — which is a mooted ques-
tion) in favor of shorthand numerals.
V. PHRASING.
Perhaps more has been said and written upon the
vexed question of phrasing, than upon any other
phase of phonography. The orthodox Grahamite
has, time and again, crossed swords with the natural-
phrasing freethinker. Unfortunately these mimic
combats have been, as a rule, waged by embryonic
scribblers, and hence the results have been valueless.
The concensus of opinion of experienced practition-
ers is that judicious natural phrasing is conducive to
speed of writing and legibility of notes, and should
be followed. Its limits must necessarily be controlled
158 Practical Court Reporting.
and defined by the subject-matter. The phrases
used in reporting a sermon would be impracticable
in the charge of a judge to a jury. It would be the
height of folly to use the phrase " Now-then-gentle-
men-if-you-come to-the-conclusion" in reporting a
scientific lecture. The general directions that have
been given to govern this question have been as
varied in character as they have been useless of
application. The subject appeals so strongly to per-
sonal peculiarities that it would appear futile to
present a formula that could be of much practicable
benefit. For years, we have adhered to the following
rule, and offer it for the consideration of the reader
from a sense of duty, rather than from a belief in its
value, viz.: In law reporting, words that occur together
frequently, or two or more words that occur in con-
junction, occasionally, and when phrased form a
peculiarly distinctive outline, and combinations of
words which are naturally spoken or written together
— in each of these cases, shorthand characters, sus-
ceptible of being easily and legibly joined, when
written rapidly, should be phrased. Never end a
phrase with the pronoun "it." By "easily and
legibly joined " is meant the phrasing of such words
as " in this case," as distinguished from phrasing
words like " give- it ; " " take-it," " that-is-the-only," as
distinguished from " that-it-may ; " " by-the-way," as
distinguished from *' may-it-be ; " " man-by-the-name,"
as distinguished from " it-may-come-to-that," etc.,
etc., ad infinitiun. It is thought advisable to in-
sert at this point such phrases as now occur to us
which we have found practicable in law reporting:
Reading and Transcribing Notes. 159
NATURAL I'lIRASES FOR Till:: LAW RKI'ORTER.
A-good-many, arc-not, are-you-surc, are-you-able,
as-quick-as, as-many-as, as-much-as, as-long-as, as-far-
as, as-fast-as, as-is, as-has-bceii, as-such, as-soon-as,
at-the-tiiTie, at-that-time, bill-(ofj-salc, bill-(of)-partic-
ulars,can-you,defendant's-counseI, deputy-sheriff, din-
ing-room, do-you, do-you-live-(or reside), do-you recol-
lect, for-(the)-defendant, for-(the)-plaintiff, gentlemen-
of-the-jury, great-many-times, had-been, have-been,
having been, he would-be, he-would-not-be, horse-
rail-road, how-many-years-ago, how-much, human-
being, I-am not, I-can-not-be-certain, I-can't(or can.
not)-be-positive, I-could-not-say, 1-could-not-swear,
I-wiH, I-will-not, I-will-swear, I-think-it-was, I-think-
so, I-think-it-would-be-worth, I-will-not-be-certain, I-
will-not-be-surc, I-would-not-be-positive, I-would not-
swear-positively, I-will-call-your-attention, if-you are-
satisfied, if-you-come-to-the-conclusion, if-you-should.
find, in-this-action, in-this-case, in-this-court, in-
this-indictment, in-favor, in-this-m.atter, in-his-own-
behalf, in-regard, in-respect, in-your-presence, in-
the morning, is-as, it-is, it is-not, it-has-been, it-
will-be, it-will-not-be, it-would-be, it-would-not-be,
it would-have-been, just-as, lumber-wagon, market-
price, market-value, measure-(of)-damages, Mr.-and-
Mrs., no-doubt, night-time, on-the-contrary, on-
the-othcr-side, plaintiffs-counsel, post-office, rea-
sonable-doubt, reasonably-worth, self-defense, she-
would-be, she-would-not-be, should-be, should-not-
be, sitting-room, so-many, so-many-times, supreme-
court, that-he-was, that-was, that-it-was, that-there-
was-(or were), that-the-plaintiff, this-action, this-
i6o Practical Court Reporting.
case, this-is-an-action-(or a-case), this-matter, the-
first-thing, the-first-time, there-can-be, there-is, there-
is-evidence, there-is-no-evidence, there-is nothing,
there-may-have-been, there-must-be, there-was-(or-
were), there-will-be, thousand-dollars, water-closet,
we-were, what-do-(or-did) you-mean, what-was done,
what-was-the-first-thing, what-was-said, where-do-you-
live-(or reside), where-was, where-were-you, which-
would-be, will-you-state, will-you-swear-positively,
would-not-be-certain, would-not-say, would-not-state,
would-not-swear, would-not be-positive, you-are, you-
will find, you-will-not, you-will-swear, you-will-swear-
positively.
VI. PUNCTUATION.
Punctuating notes cannot be omitted, without seri-
ous impairment of legibility. The period, semi-
colon and comma are pauses which must be under-
stood by the reporter to make a faithful transcript.
It is unimportant whether he uses the small cross,
the long slanting stroke or leave a space between
sentences to indicate a period. The period must be
noted in some way, otherwise it will be impossible
at times, to know with which word a sentence closes
and the one following begins. This is always con-
fusing, and leads to great annoyance. The same rule
applies to clauses requiring separation by a semi-
colon. There may be an entire change of the
meaning of the speaker, caused by placing the semi-
colon in the wrong place. Especially is this true when
a series of clauses occur which need to be pointed off
by this mark. The comma, while disregarded by
many, yet must have attention. Its absence may
Reading and Transcribing Notes. i6i
change the meaning of a question or answer as com-
pletely as the omission of the semi-colon. It is not
long since that our attention was called to the ne-
cessity of representing the comma in stenographic
notes. It had been omitted, and it was impossible
to tell from the context in which of two places it
ought to be inserted. If placed at one point, the
meaning of the sentence was diametrically opposed
to that which resulted from placing it at the other.
We use the long slanting stroke for the period, and
two signs similar in shape but written in opposite
directions to represent the semi colon and comma.
Sometimes, instead of the sign we use a space for
the semi-colon.
Vir. PEN OR PENCIL?
Notes written in ink, with a pen, are generally
formed with more exactness, are less liable to become
blurred and are more indelible, than pencil notes.
The wearing away of pencil points results in deformed
outlines, and the obliteration of the distinction be-
tween heavy and light lines which, when observed,
plays an important part in the question of legibility.
The friction caused by the passage of pencil over
paper detracts from speed of writing. The liability
of pencil points to break must tend to produce a lack
of confidence, which is injurious to the writer. It
would seem, therefore, that pen-ami-ink notes are
easier and better written and read than those formed
by pencil. Certainly the former have one of the es-
sential characteristics of '*a record" (which the law
reporter is presumed to make) viz.: permanency. If
a gold pen be used less friction will be caused by its
1 62 Practical Court Reporting.
movement upon the paper than by any other kind
of instrument used for writing. Hence a given num-
ber of marks may be made, in the act of writing, with
less effort by the use of a good gold pen upon proper
paper than with any other appliance used for writing.
It, therefore, follows that, other considerations being
the same, one will write faster and more legibly,
with a gold pen than with any other implement
used for that purpose. It seems unnecessary to as-
sert that a fountain pen, if a reliable one can be
secured, should be used. These are important con-
siderations in the matter of legibility. If it become
necessary to read notes at night, either in court, in
transcribing or in dictating to amanuenses, clean cut,
black pen notes are invaluable as respects ease of
reading and the lessening of the strain upon the eye-
sight, already sufficiently taxed by the work of the
day in court. If these circumstances do not lead the
reader to the conclusion stated, then, certainly, the
fact that almost all court reporters used the pen,
ought to be decisive of this question.
VIII. RULED OR UNRULED PAPER?
The first time we sat down in court by the
side of a " real, live " court reporter, our tender
sensibilities were completely shrivelled, and our
budding hopes ruthlessly crushed by this question
from the reporter: "Do you own a paper mill?"
We were armed with the regulation " double-column-
marginal-red-line " ruled paper, of ample proportions,
and supposed, like all fledglings, that we had long
since passed the last stenographic and reportorial
mile stone of instruction. Since that time we have
Reading and Transcribing Notes. 163
disposed of the paper mill and its product, and now
use loose sheets of white paper, cut nine inches long
by four and one-quarter inches wide, without ruling ;
having a surface that, while smooth enough to per-
mit a gold pen to travel over it with scarcely any
friction, yet permits the pen to get " hold " of it.
Through one corner of each sheet is punched a small
hole for binding, which indicates the top of the page.
Each sheet is numbered in the corner opposite to the
punched hole, the numbers ending with the last sheet
of the case, the sheet only, (not pages) being num-
bered. Each case, composed of these sheets, is
separately bound. Both pages of each sheet are
consecutively written upon, the bottom of the first
corresponding to the top of the second. The use
of unruled paper, and the discarding of shading in
writing shorthand characters, will tend to speed in
writing and legibility in reading stenographic notes.
By a well-known law of physics, the hand, in
the act of writing, tends to move in a straight line,
which tendency results in writing outlines with com-
paratively few exceptions in the " second " position
as it is called. As to all such outlines no thought of
position is necessary. If, now, shading be entirely
ignored (which is advisable) every word in the
language, with the exception of a few verbs and pro-
nouns, may be written with perfect abandon, as re-
spects these requirements, and without impairing
legibility. By dispensing with ruled paper, the
tendency to adopt the " second " position is en-
hanced. Unconsciously the writer will acquire the
valuable habit of following mechanically an im-
164 fracticdl Court Reporting.
aginary line, upon and about, under and above
which, but always in close proximity to it, will be
found first, second and third-place outlines. Conse-
quently, the time work and care necessary to shade and
write in position may be used, when pressed by rapid
utterance, in the direction of speed ; and at other
times, in forming the notes with a degree of precision
and accuracy, and using longer outlines, not possible
with position writing and shading. Hence, upon a
page of paper, a clean cut, well and fully formed pen-
and-ink outline stands out conspicuously and legibly
and may be read, especially by the experienced prac-
titioner, with ease and pleasure. By writing continu-
ously upon both sides of the sheet, the matter written
is kept in a small compass, instead of being spread out
upon double the number of sheets, as is the case
with the method now generally in vogue of writing
upon but one side of a sheet. This compactness
lessens the labor of finding a particular part of a
case, upon the principle that, if the entire proceed-
ings could be written upon one sheet of paper, any
portion of them might be found with one tenth the
ease as if ten sheets were used. Loose sheets are
preferable to note-books, because, if necessary, in
making transcripts, the sheets can be easily divided
among any number of amanuenses, while difficulty
is experienced in this respect with a note-book.
Farther, when notes are filed away at the close of a
term of court, each case can be separately filed and
indexed, and, while being transcribed, much easier
handled. That these methods are practicable can-
not be gainsaid. They have been used and subjected
Reading aiui 'J'raiiscribiiig Notes. 165
to all sorts of tests for the last score of years, and
have not been found wanting. The successful read-
ing of stenographic notes referred to at the beginning
of this chapter is entitled to some weight upon the
question of their practicability. But it is impossible
to promulgate rules and methods suitable for all
mankind. Each stenographer must study his pecu-
liarities of temperament, and select such expedients
as he finds adapted to it. We trust that the eight
suggestions of this chapter will materially aid the
candidate for the court reporter's table in selecting
such materials for, and methods of, doing work, and
in easily, confidently and understandingly reading
his notes.
TRANSCRIPTS.
The act of transcribing stenographic notes is popu-
larly supposed to consist of copying. This is erro-
neous. Transcription of notes partakes of the char-
acter of translation as well as of copying. Copying
is mechanical, no attention being necessary to the
sense or context of the subject-matter. A word oc-
curring in the middle of a longhand sentence may be
copied without a knowledge of the remainder of the
sentence. Not so with the transcription of steno-
graphic notes; the sense, or context must be closely
followed in order to reproduce in longhand the idea
wrapped up in the shorthand. One or more steno-
graphic outlines of a sentence, when separately con-
sidered, may be transcribed into as many different
longhand words. Frequently in transcribing testi-
mony it is necessary to read ahead one or more
questions and answers to get the sense and mean-
l66 Practical Court Reporting
ing, and consequently be able to correctly decipher
a cliaracter or outline. The shorthand writer will
readily comprehend the obstacles here merely sug-
gested. For the benefit of the non-phonogiaphic
reader, it may be stated, that it is absolutely neces-
sary to the attainment of suiificient speed to accu-
rately record the rapid utterances of speakers to omit
many consonants and vowels and all silent letters-
that arbitrary characters consisting, it may be, of a
single stroke should be used to represent words of
half a dozen letters, and that occasionally, whole
words should be omitted. To these principles of
elision, contraction and omission may be largely at-
tributed the difficulty of reading, and the uncertainty
in transcribing, stenographic notes. When the same
combination of characters may be rendered into
"tick," "tack," "take" or "took," or even "dig"
or " dug," or another combination may be indiffer-
ently transcribed into "come," "coming," "came,"
"comb," "calm," " chyme," " acme," "cameo," etc.,
etc., it will be apparent that the attainments of the
competent court stenographer must be superlatively
beyond those of the mere mechanical copyist. Upon
the transcription of the illusive notes of the techni-
cal testimony of an expert chemist, may depend the
fate of a human being, charged with the poisoning
of another. Through the ignorance of the transcriber
the guilty may go unpunished and the innocent suf-
fer. The transcript is the finale of the stenogra-
pher's duties; the fruition of his skill, learning and
industry. If it be iinperfect, no matter that he have
a speed of two or three hundred words per minute.
Reading an J Transcribing Notes. 167
The litigant who pays six or ten cents per foho for
it, cares not at what rate of s[)ced it was written.
But he has the right to demand accuracy, and usu-
ally he insists upon this right. The advent of the
typewriter has been an inestimable boon to the
court reporter. By its use, two or more transcripts
may be made simultaneously, whereas, to "get out "
the same number by the slow and tedious pen-and-
ink process necessitated a small army of copyists.
It would seem needless to state that transcripts
should be typewritten. It is not intended to inti-
mate that any particular writing machine should be
used, but the practitioner will find that many differ-
ences exist among those now upon the market, and
that not all of them are suited to the temperament
and nervous development of every operator. A
machine that may be run easily, that manifolds, that
has a simple key-board and, withal, is durable, will
generally prove sui^cient. X'arious methods for
transcribing notes are in vogue among court re-
porters. A practitioner having much business usu-
ally employs one or more amanuenses to whom he dic-
tates his notes, the dictation being taken in shorthand
and the required number of transcripts made by the
amanuenses; or, if the latter can read the original
notes, the transcripts are made directly from those. If
the services of capable amanuenses can be found to
transcribe the original notes, that method is prefera-
ble to any other ; but, unless such assistants can be ob-
tained, this is a dangerous method to pursue, unless
the reporter can be present to constantly supervise
the work. Other reporters dictate to one or more
i68 Practical Court Reporting.
rapid operators of the typewriter, who turn out the
transcript as fast as the matter is dictated. As a
rule this method is not satisfactory, unless one or
two first-class operators can be secured. If the
amanuenses be rapid and accurate in the use of the
typewriter, accustomed to receiving dictation and
able to " carry " considerable matter in the mind, it
is the best plan of transcription. Its efficiency, how-
ever, depends upon the ease with which the stenog-
rapher reads his notes, and his tact to dictate enough,
and no more, to the first copyist so that the writing
of it will be finished at, or a little after, the close of
the dictation to the second operator. The matter
dictated should be from different parts of the case,
and should be divided with reference to the com-
parative speed of the operators. The one writing
the first part of the case regularly pages the tran-
script, while the other temporarily numbers the
written sheets to prevent confusion, the paging be-
ing afterward continued from the first to the second
part of the transcript. The advantage, in this kind of
transcription, of loose sheets of note paper, must be
apparent. The dictator should compel amanuenses to
observe the golden rule of silence, except to utter the
last word dictated a sufficient time before writingr it
to prevent a halt in dictation. This rule can be best
enforced by not heeding the questions or remarks of
amanuenses. If a misunderstanding occur respect-
ing the dictation, it should be repeated without com-
ment. In dictating to two, there should be a change
in the tone of voice. The operators sometimes
finish writing at the same time. The changed tone
Reading and Transcribing Notes. 169
of voice is sufficient to indicate for whom the dicta-
tion is intended. It prevents conversation, and
hence avoids confusion and saves time. There is no
better teacher of the value of time than transcription
of notes. This method of transcription (by dictation
to two typewriter operators) is very taxin<(. The
necessity of " keeping the place " in different parts
of the notes at which each dictation ends and of be-
ing ever on the alert to know when, and how much,
to dicate ; the concentration of mind requisite to
follow two widely different contexts ; wearied
with the exhausting labors of the court-room ;
the constant click-clacking of two typewriters —
these conditions, if long continued, will undermine
and irreparably injure the strongest physical consti-
tution. And yet, to perform this difficult work, the
Legislature of the State of New York, in the super-
abundance of its wisdom, the exactness of its jus-
tice, and with an eye single to the interests of the
" Dear Public," has held out the tempting bait of
— not five, but — six big pennies for every one hun-
dred words transcribed ! The statute which fixes
this pittance is not only an insult to the dignity of
the court reporter's labor, and a stab at his ability,
training and efficiency, but it practically forces him to
do that which is not required of even a convict —
to give time and labor to another without remu-
neration therefor. The court reporter should not
be compelled to transcribe testimon\' for less than
ten cents per folio for the first copy. The most
oppressive labor connected with transcription is en-
countered in murder and other cases, that run for a
17° Practical Court Reporting.
number of consecutive days, in which "daily copy"
is wanted. Unless the stenographer can secure the
services of competent, trusty transcribers of his notes,
it will, generally, be necessary to have an assistant
with whom the labor of reporting can be divided.
In the latter case the one having the first "take"
should report sufficient to get the transcribers at
work as soon after the opening of court each day as
possible. The change in reporters is easily effected.
At the end of an answer, the waiting reporter takes
the seat vacated by the other, during the act of
changing, listening to the question propounded, or
whatever may follow the answer. It is not advisable
to change during the argument of objections, or during
other proceedings, a thorough understanding of which
depends upon what has previously transpired and of
which the waiting reporter is ignorant. The reporter
dictating the second " take" of the day divides the
matter to be dictated according to the comparative
speed of the amanuenses, and continues the dictation
from the point at which the first ended. The last
" takes " of the day should be so regulated as to
length that the time, necessary to conclude the dic-
tation during the evening, will be as equally divided
as may be between the reporters. If feasible, it will
be advantageous, when two reporters are engaged
upon the same case, to have two additional tran-
scribers for the evening work. The daily-transcript
feature of reporting in the country, where, under
ordinary circumstances, much trouble is experienced
in securing competent amanuenses, is exceedingly
annoying. Reporters, whose work is confined to the
Reading and Transcribing Notes. 1 7 i
large cities, have little, if any, difificult)' in making
satisfactory arrangements to meet the most exacting
demands for transcript. The reporter who can obtain,
whenever necessary, the help of a capable court
assistant, who uses the same system as, and easily
reads the notes of, the reporter, is fortunate. If, in
addition, he can secure, whenever needed, the ser-
vices of competent amanuenses, he ought, if he have
a sufficiency of business, to be a very happy individual.
It seems unnecessary to refer to the process of
duplicating transcripts. Of course, when the origi-
nal is made upon the typewriter, additional copies
are obtained by the use of semi-carbon paper. When
pen-and-ink duplicates are made, sufficient copyists,
beside those to whom the original is dictated, should
be employed to turn out the copies, not quite, but
nearly, as rapidly as the transcript. The paper to
be used for transcripts is the subject of legislation in
some States. A statute of the State of New York
requires that it shall be ten and one-half inches in
length, eight inches in width, and that the transcript
shall be bound upon the side of its greatest length.
When transcripts are typewritten, the paper should
be unruled, except marginal rulings, which, according
to the taste of the stenographer, may be used or
omitted. But, for the convenience of counsel, the
left margin of each page should contain numbers, be-
ginning at the top with the figure i and continu-
ing consecutively down the page, the space between
the figures corresponding to that between the lines
of typewritten matter — about five-sixteenths of an
inch — as shown in Chapter X. Transcripts made
172 Practical Court Reporting.
upon this kind of paper, and bound in the form indi-
cated, upon the left side, possess many advantages
over those made upon paper not having numbered
lines. A completed transcript may be divided, with
respect to the form and order of its contents, into
I. Title of the Court.
II. Name of the County.
III. Title of the case, i. e., the names of the parties.
IV. Introductory statement of what county, at
what term and before whom tried.
V. Name of city or village where tried, and date
of commencement of trial.
VI. Brief statement of character of action.
VII. Appearances, i. e., names of attorneys and
counsel for respective parties.
VIII. Examination of jurors.
a. Statement of empanelling jury and opening
case.
IX. Testimony.
a. Name of witness.
b. By whom examined.
c. Direct-Examination, or Examination in Chief
d. Cross-Examination.
e. Re-Direct-Examination, or Re- Examination.
f. Re Cross-Examination.
g. Questions,
h. Objections.
i. Offers and motions,
j. Rulings and remarks by Court,
k. Exceptions.
1. Adjournments,
m. Plaintiff rests (or rested).
Reading ami Transcribing Notes. 173
n. Motions for nonsuit; to direct a verdict; for
a disnnissal of the complaint, etc., etc.
o. (The same subdivisions of proceedings from
IX clown to subdivision "n" both in-
clusive).
p. Defendant rests (or rested),
q. Rebuttal testimony of plaintiff,
r. Rebuttal testimony of defendant,
s. Testimony closed,
t. Renewal of motions, etc.
u. Charge of the Court.
V. Exceptions to the charge, and requests to
charge.
\v. Proceedings upon and subsequent to retire-
ment of jury: (1) Jury retiring; (2) papers
submitted to them ; (3) further instructions
to jury when requested by them ; (4) ver-
dict or disagreement; (5) motion for extra
allowance of costs ; (^6) motion to set aside
the verdict and for a new trial ; (7) rul-
ing upon such motion and exception to rul-
ing: (8) stay of proceedings.
There should be an index of the name of each
witness ; the page upon which each examination of
the witness commences ; the page upon which plaintiff
and defendant rested ; tlie page at which the testi-
mony closed ; and the page at which the charge to the
jury begins. Some reporters inde.x exhibits. This
may be omitted. It is seldom inserted. The index
maj' appear in the front of the transcript, upon the
page preceding that upon which the case commences;
or it may be placed in the back of the book. If the
174 Practical Court jReporting.
first method be followed, head the index with the
title of the court and names of parties, and append
the statement of the reporter's name and address in
this form : Reported by
John Fastvvriter, Sten.,
Shorthandville, N. Y.
If the index be placed in the back of the transcript,
write the title of the court, names of the parties and
the reporter's name and address, in the form just
shown, upon the fly-leaf in the front of the transcript.
The transcript being ready for binding, a cover suita-
ble to the bulk of the case should be used. A small
transcript may be bound in the heavy paper used by
lawyers for covers for legal papers. For large tran-
scripts, covers of heavier and more durable material
should be selected. The judgment of the reporter
must, as respects these and similar details, be relied
upon. The transcript should be bound, indexed and
arranged with reference to convenience, durability
and neatness. It is unusual for court stenographers
to compare a transcript made by themselves with the
original notes, for the detection of errors or omissions.
Sometimes this is done as to important parts of the
case, expert testimony, etc. A different rule prevails
when transcripts are made by amanuenses, unless
the latter are capable and painstaking. Even then
comparison should be made of the parts of a case
just referred to.
It is customary to estimate the number of folios
in a transcript. To make an actual count (which
one court has held to be necessary under certain
circumstances) would be an interminable job, and
Reading and I'ranscrilnng Notes. 175
worth more than to rc-writc the transcript. A piece
of mechanism for counting words has been devised
which may be attached to the t)'pewriter. As we
have never used it, we know nothing of its merits.
The practicable method is to estimate the number of
fohos. Experience will soon teach the practitioner
how to make an approximately accurate estimate.
He should never over-estimate the amount of the
work. Rather give the purchaser of the transcript
the benefit of a hundred folios than to make an
overcharge.
The stenographer has the same lien upon a tran-
script for his fees for making it that the Common
Law gives to a mechanic upon an article which he
has made or upon which he has performed work, la-
bor and services. The nature of that iien is the
right to hold the article until the amount due the
mechanic for such work, labor and services is paid.
If, when such amount becomes due, the debtor do
not pay it, the artisan has the right (by taking the
proper procedure) to foreclose his lien and sell the
article, and, of the money realized upon such sale,
to retain sufficient to liquidate the amount of his
lien and defray the expenses of the foreclosure.
Possession of the transcript by the stenographer is
essential to the life of this lien. If he voluntarily
part with the possession of it, lie loses his lien, and
must resort to the ordinary remedies to enforce his
demand against his debtor. Let the young court
stenographer be upon his guard against the smooth,
plausible, oily-tongued attorney, whose promises are
as easily made as broken. The majority of the
176 Practical Court Reporting.
members of the legal profession are honest, and
honorable, and to them the stenographer may de-
liver transcript and implicitly rely upon their promises
of payment. But, there are lawyers who will beat
the stenographer with impunity. They care not that
he has expended his hard-earned dollars for their
convenience in the payment of copyists ; neither do
they care for the days and nights that he has bent
over the typewriter and pounded its keys until his
finger-tips have become as numb as the consciences
of these " dead-head " attorneys. No, not they I
They are sui generis. They belong to a species of
human parasite that infests the body politic, and
which may, ordinarily, be recognized by its peculiar
habits and appearance. Their statements are as
certain and definite as the movements of a flea, and
their promises as stable as the colors of the chameleon.
Place no confidence in them. Experience will lead
the practitioner to the conclusion which we reached
years ago : Do not deliver transcripts to an attorney
whose reputation for honesty is doubtful, without
payment therefor, unless his client be financially re-
sponsible. Never refuse to accept payment, hov\^-
ever small, upon account. Had we applied the
latter rule, we should not have been defrauded out
of $600 of hard-earned per diem and transcript fees
in one case. In all cases where the per diem and
transcript charges are the subject of agreement, the
stenographer, when employed to take the " official "
minutes, should respectfully request the attorneys
to make a stipulation covering the details of the con.
tract, which should be entered in the minutes. This
Reading and Transcribing Notes. ^11
will prevent quibbling respecting the terms of the
agreement.
The young practitioner will need surmount many
discouraging obstacles, and, if he be conscientious,
suffer not a few qualms of conscience, before he be-
comes competent to make perfect transcripts. He
should not, for this reason, grow faint-hearted. Let
him remember that, while proficiency in any art, and
competency in any vocation, or profession, are of slow
growth, yet, they are the flower of talent, the culti-
vation and development of which are proportionate
to the industry and assiduous attention devoted to
it Let him attune his life to the sentiment, and
voice the words of the poet :
" As the bird trims her to the gale,
" I trim myself to the storm of time.
" I m;in the rudder, reef the sail,
" Obey the voice at eve obeyed at prime,
" ' Lowly faithful, banish fear,
" ' Right onward drive unharmed ;
" ' The port, well worth the cruise, is near,
" ' And every wave is charmed.'"
CHAPTER IX.
STENOGRAPHER- LAW.
The statutes now in force in, and the decisions of
the courts of, the State of New York, of importance
to the law stenographer, are as follows :
STATUTES.
Stenographers for the Court of Appeals.
1. Stenographers to report proceedings before
any judge of Court of Appeals, etc. The stenog-
raphers appointed or employed in the Supreme Court
shall perform all such services as may be required
from them, or either of them, in reporting, writing
out, and copying all judicial proceedings which may
be pending, or in progress, before any judge of the
Court of Appeals, or justice of the Supreme Court,
in which such services shall be required. And for
the performance thereof, such reporter shall be en-
titled to receive the same compensation as is now
provided for similar services in court, and which
shall be certified and paid in the same manner.
L. 1881, c. 369, § I.
2. Other competent person may be appointed
to perform duties of stenographer, when. When
the official stenographer, whose duty according to
the preceding section it would be to perform such
service or services, is otherwise officially employed,
Stenographer- Law. i 7 9
any other competent person ma}' be designated and
selected to perform the same in his place, and shall
receive compensation therefor as provided in the
preceding section. Id. § 2, as am'd L. 1884, c. 333.
STENOGRAPHERS FOR THE SUPREME COURT.
I. Circuit and Oyer and Terminer.
1. Qualifications of stenographers. Kach stenog-
rapher, specified in this act — (the Code of Civil Pro-
cedure) — is an officer of the court or courts, for or by
which he is appointed ; and, before entering upon
the discharge of his duties, must subscribe the con-
stitutional oath of office and file the same in the
office of the clerk of the court, or in the supreme
court, in the office of the clerk of the county where
the term sits, or the judge resides, by which or by
whom he is appointed. A person shall not be ap-
pointed to the office of stenographer, unless he is
skilled in the stenographic art. Code Civ. Pro. § 82.
2. Stenographers of first judicial district. The
justices of the supreme court for the first judicial
district, or a majority of them, must appoint, and
may at pleasure remove, a stenographer for each
term of the circuit court, for the general term of the
svipreme court, and for each special term of the
supreme court which constitutes a separate part.
Each stenographer so appointed is entitled to a salary
fixed and to be paid as prescribed by law ; he must
attend all the sittings of the part for which he is
appointed. If the judge requires a copy of any pro-
ceedings written out at length from stenographic
notes, he may make an order directing one-half of
the stenographer's fees therefor to be paid by each
i8o Practical Court Reporting.
of the parties to the action or special proceeding, at
the rate often cents per each foHo so written out,
and may enforce payment thereof. Any such copy
shall be accessible to and ma}' be examined by any
of the counsel in the cause. If there are two or
more parties on the same side, the order may direct
either of them to pay the sum payable by their side
for the stenographer's fees, or it may apportion the
payment thereof among them as the judge deems
just. Code Civ. Pro. § 251, as am'd L. 1883, c. 4.
3. Stenographers for extra terms in New York
city. The judge who holds, in the first judicial dis-
trict, an extraordinary term of the circuit court, or an
extraordinary special term of the supreme court, must
appoint a stenographer for that term, who is entitled
to a compensation, at the rate and in the manner
prescribed by law for the official stenographer. Code
Civ. Pro. § 252.
4. Stenographers for oyer and terminer in
New York city. The judge presiding at a term of
the court of oyer and terminer, held in and for the
city and county of New York, must designate a
stenographer of the supreme court, to act as sten-
ographer for that term during its sitting, who is not
entitled to any compensation in addition to his
salary; except that, if a copy of any proceedings,
written out at length from the stenographic notes, is
required for the use of the presiding judge or the
district attorney, the stenographer's fees therefor are
payable, on his certificate, as a county charge. Code
Civ. Pro. § 253
5. Stenographers in Kings county. The justices
Stenographer- Lmv. i8l
of the supreme court residing in the county of Kings,
or a majority of thein, must appoint and may at
pleasure remove three stenographers who shall sev-
erally attend, as directed by the respective judges
appointing them, the general and special terms of
the supreme court, and the terms of the circuit court
and court of oyer and terminer in the county of
Kings, and shall each receive an annual salary of
twenty-five hundred dollars, and the expense thereof
shall be raised with the annual tax levy as a county
charge. Code Civ. Pro. § 254, as am'd L. 1884,
c. 536.
6. Assistant. The stenographer, appointed as
prescribed in the last section, may, with the consent
of the judge holding or presiding at a special term of
the supreme court, or term of the circuit court, or
court of oyer and terminer, employ an assistant-
stenographer, to aid him in the discharge of his
duties at that term, whose compensation must be
paid by the stenographer, and shall not become a
county charge. Code Civ. Pro. § 255.
7. Stenographers in other counties of second
judicial district. Each justice of the supreme court
for the second judicial district, who does not reside
in the count)' of Kings, must appoint, and may at
pleasure remove, a stenographer, who must attend,
as directed by the justice appointing him, the gen-
eral and special terms of the supreme court, and the
terms of the circuit court and court of oyer and
terminer held in the counties of Suffolk, Queens,
Richmond, Westchester, Rockland, Putnam, Dutch-
ess or Orange, and when not thus officially engaged,
1 82 Practical Coicrt Reporting;.
the stated terms of the county court, in each of those
counties. Code Civ. Pro. § 256, as am'd L. 1877,
c. 416,
8. Their salaries, how paid. Each stenographer,
appointed as prescribed in the last section, is entitled
to a salary fixed by law. To make up and pay the
salaries, the board of supervisors of each of the said
counties must annually levy, and cause to be col-
lected, as a county charge, a proportionate part of
the sum necessary to pay the same, to be fixed by
the Comptroller of the State, in accordance with
the amount of the taxable real and personal prop-
erty in each county, as shown by the last annual as-
sessment-roll therein. The treasurer of each county
must pay over the sum so raised, to the Comptroller
of the State, who must thereupon pay the salary of
each stenographer, in equal quarterly payments, un-
der the direction of the justice making the appoint-
ment. Code Civ. Pro. § 257.
9. Salaries in third judicial district. Each of
the stenographers of the supreme court in the third
judicial district, whose appointment is provided for
in section two hundred and fifty-eight of the Code of
Civil Procedure, (see subdivision 13, " Stenographers
for Remaining Districts "), shall receive a salary of
two thousand dollars a year, the salaries to be paid
as prescribed in section two hundred and fifty-nine
(see subdivision 14, " Salaries, how paid ") of the Code
of Civil Procedure. L. 1882, c. 173, § i.
10. Same, in fifth district. Each of the stenogra-
phers of the supreme court of the fifth judicial dis-
trict whose appointment is provided for in section
Stenographer- Law. 183
two hundred and fifty-eight nfthe Code of Civil Pro-
cedure — (see subdivision 13) — shall receive a salary
of two thousand dollars per annum, to be paid as pre-
scribed in section two hundred and fifty-nine — (see
subdivision 14) — of said Code. L. 1884, c. 332, § i .
11. Same in sixth district. Each of the stenog-
raphers of the supreme court of the sixth judicial
district whose appointment is provided for in section
two hundred and fifty-eight of the Code of Civil Pro-
cedure — (see subdivision 1 3) — shall receive a salary
of two thousand dollars per annum, to be paid as pre-
scribed in section two hundred and fifty-nine — (see
subdivision 14) — of the Code of Civil Procedure.
L. 1882, c. 325, § I.
12. Same in eighth district. Each of the sten-
ographers of the supreme court of the eighth judi-
cial district whose appointment is provided for in
section two hundred and fifty-eight of the Code of
Civil Procedure — (see subdivision 1 3) — shall receive
a salary of two thousand dollars a year ; the salaries to
be paid as prescribed in section two hundred and fifty-
nine of the Code of Civil Procedure — (see subdivision
14) — and such stenographers shall report and tran-
scribe opinions for the justices of the supreme court,
when required, without additional compensation, and
shall within twenty days after notice by a party that
he intends to appeal, make a case and exceptions or
bill of exceptions in a criminal or civil action or
that briefs are to be made or arguments prepared in
an action tried before the court without a jury, file
with the clerk of the county in which such trial took
place a transcript of the minutes taken by him on
184 Practical Court Reporting.
such trial. The stenographer shall be entitled to six
cents for each one hundred words of such transcript,
which transcript shall be certified to by the justice
holding the court at which the trial took place. Such
sum shall be paid with the stenographer's salary in
the manner prescribed in section two hundred and
fifty-nine — (see subdivision 14) — of the Code of Civil
Procedure. L. 1883, c. 215, § i, as am'd L. 1888, c.
554-
(Note. — The last four preceding subdivisions [9, 10. 11 and 12]
relating to salaries in the third, fifth, sixth and eighth judicial dis-
tricts, were repealed by implication by the amendments of sections
258 and 259 of the Code of Civ. Pro. by ^ i of chap. 426, L. 1S90,
printed as amended in the next following subdivision. The extent
of the repeal appears to be as to the amount and mode of pa3'ment
of salaries, which really repeals the whole of subdivisions 9, 10,
and II, and that part of 12 relating to the amount of salary. It
does not appear to affect the remainder of subdivision 12, relat-
ing to the duties of stenographers in the eighth judicial district.
It seems that section 258 of the Code of Civ. Pro. [subdivision 13
following], as now in force, is the onl}' provision of law relating to
the appointment of official stenographers of the supreme courtand
their salaries in each of the jud'cial districts of the State, except the
first and second.)
13. Stenographers for the remaining districts.
The justices of the supreme court, or a majority of
them, for each judicial district, excepting the first
and second, shall appoint and- may at pleasure re-
move three stenographers of the supreme court of
such district. Each of such stenographers shall at-
tend such circuit courts, special terms of the supreme
court, and court of oyer and terminer, in his judicial
district as he shall be assigned to attend by the jus-
tices of the supreme court, or a majority of them, for
such district. Each of such stenographers shall re-
Stenograplwr-Law. 185
ceive an annual salary of twenty-five hundred dol-
lars, to be paid by the Comptroller of the State, in
equal quarterly payments, upon the certificate of a
justice of the supreme court of the judicial district
for which he shall have been appointed. Code Civ.
Pro. § 258, as am'd L. 1890, c. 426, § i.
14. Their salaries, how paid. To provide the
means to pu)- such salary the Comptroller of the
State shall, on or before the first day of November
in each year, fix and transmit to the clerk of the
board of supervisors in each of the counties in said
district a statement of the sum to he raised by such
board of supervisors, in accordance with the amount
of taxable real and personal property in each of said
counties as shown by the last annual assessment-
roll therein. The boards of supervisors in each of
such counties shall annually levy and cause to be
collected in such county and to be paid over to the
county treasurer thereof, the sum so fixed by the
Comptroller to be raised by such board of supervis-
ors, and such county treasurer shall pay such sum to
the Comptroller of the State for the payment of
said salaries. Until the first day of January, 1891,
the clerks of the counties composing the seventh
judicial district in which a term of court specified in
section one — (see subdivision 13) — of this act is held
must furnish the stenograplier attending the same
with a certificate of the number of days the term has
been in session. Upon the certificate so furnished, the
supreme court or special term thereof, held within
said judicial district, may, not oftener than once in
six months, by order, apportion to each county in
1 86 Practical Court Reporting.
said district such a portion of the stenographer's
salary as the number of days during which one or
more terms were in session in that county bears to
the whole number of days during which the terms
were in session in that district since the last appor-
tionment was made. Upon the presentation of a
certified copy of such an order each county treasurer
must pay to the stenographer, from the court fund,
or the fund from which jurors are paid, the sum so
apportioned to his county. Code Civ. Pro, § 259,
as am'd L. 1890, c. 426, § 2.
(Note. — Section 261 of the Code of Civ. Pro., providing
for the appointment and payment of additional stenographers
when two courts are held at the same time, was repealed by § 3 of
c. 426 of L. 1890.)
15. Temporary stenographer. If an official
stenographer shall not be in attendance at a term of
the circuit court, special term of the supreme court, or
court of oyer and terminer, where issues of fact are
triable, the justice presiding at the term may in his
discretion employ a stenographer who shall be paid
such compensation as the justice shall by his certificate
fix, not to exceed ten dollars for each day's attendance
and ten cents for each mile for travel to and from
his residence to the place where the term is held, to-
gether with a reasonable sum for his necessary ex-
penses and stationery. The sum so fixed shall be a
charge upon the county in which the term shall be
held, and shall be paid by the county treasurer upon
such certificate, frorn the court fund or the fund from
which jurors are paid. If the official stenographer
of the judicial district in which such term shall be
held shall have been duly assigned to attend such
Stenographer- Law. 187
term, the justice shall cause an order of the court to
be entered at such term, that the portion of the sum
so paid by the county treasurer, which was allowed
for the per diem compensation for the services of the
stenographer employed at such term, shall be de-
ducted from the salary of the official stenographer
who shall have been so assigned to attend such term,
and the clerk of said county shall transmit to the
Comptroller a certified copy of such order, and the
Comptroller shall deduct such amount from the sal-
ary of such official stenographer and pay the same
to the treasurer of said county. Code Civ. Pro.
§ 262 as am'd L. 1890, c. 426, § 4.
16. Their expenses, how paid. Each of those
stenographers- — (^meaning those specified in section
258 of the Code of Civ. Pro. see subdivision 13) —
is also entitled to payment of his actual and neces-
sary expenses, while attending court, including sta-
tionery, and ten cents for each mile for his actual
travel, between the place of holding each term and
his residence, going and returning, or from term to
term as the case may be. The amount thereof must
be certified by the judge holding or presiding at the
term, and must be paid, upon his certificate, by the
treasurer of the county where the term is held, from
the court fund, or the fund from which jurors are paid.
But mileage shall not be computed beyond the bounds
of the judicial district, except where the usual line of
travel, from one point to another within that district,
passes partly through another judicial district. Code
Civ. Pro. § 260.
17. General duty of stenographer ; notes, when
1 88 Practical Court Reporting.
to be filed. Each stenographer, specified in this act,
— -(meaning the Code of Civ. Pro.) — must, under
the direction of the judge, presiding at or holding
the term or sitting which he attends, take full steno-
graphic notes of tile testimony, and of all other pro-
ceedings, in each cause tried or heard thereat, except
when the judge dispenses with his services inapartic-
ular cause, or with respect to a portion of the proceed-
ings therein. The court, or a judge thereof, may, in its
or his discretion, upon or without an application for
that purpose, make an order, directing the stenog-
rapher to file with the clerk, forthwith or within a
specified time, the original stenographic notes, taken
upon a trial or hearing ; whereupon the stenographer
must file the same accordingl)-. Code Civ. Pro.
§83.
18. Notes, how preserved ; when written out.
The original stenographic notes, taken by a stenog-
rapher, are part of the proceedings in the cause ;
and, unless they are filed, pursuant to an order, made
as prescribed in the last section, they must be care-
fully preserved by the stenographer, for two years
after the trial or hearing ; at the expiration of which
time he may destroy the same. If the stenographer
dies, or his office becomes otherwise vacant, before
the expiration of that time, they must be delivered
to his successor in office, to be held by him with like
effect, as if they had been taken by him. They
must be written out at length by the stenographer,
if a judge of the court so directs, or if the stenog-
rapher is required to so do, by a person entitled by
law to a copy of the same, so written out. Unless
Stenograp/ii'i-Lmv. 189
such direction is given, or sucli a requisition is made,
the stenographer is not bound so to write them out.
Code Civ. Pro. § 84.
19. Stenographers to turnish gratuitously copies
of proceedings to judges Each stenographer,
specified in this act, must, upon request, furnish, with
all reasonable diligence and without charge, to the
judge holding a term or sitting, which he has at-
tended, a copy, written out at length from his
stenographic notes, of the testimony and proceedings,
or a part thereof, upon a trial or hearing, at that term
or sitting. But this section does not affect a pro-
vision of law, authorizing the judge to direct a party
or the parties to an action or a special proceeding,
or the county treasurer, to pay the stenographer's
fees for such a copy. Code Civ. Pro. § 85.
20. To furnish like copies to parties, district
attorney and attorney-general ; compensation.
Each stenographer, specified in this act must likewise,
upon request, furnish, with all reasonable diligence, to
the defendant in a criminal cause, or a party, or his
attorney in a civil cause, in which he has attended
the trial or hearing, a copy, written out at length
from his stenographic notes, of the testimony and
proceedings, or a part thereof, upon the trial or hear-
ing, upon payment, by the person requiring the
same, of the fees allowed by law. If the dis-
trict attorney or the attorney general requires such
a copy, in a criminal cause, the stenographer is en-
titled to his fees therefor; but he must furnish it,
upon receiving a certificate of the sum to which he
is so entitled ; which shall be a county charge, and
IQO Practical Court Reporting.
must be paid by the county treasurer, upon a certifi-
cate, like other county charges. Code Civ. Pro. § 86.
21. These sections applicable to assistant-sten-
ographers. The provisions of the last five sections
are also applicable to each assistant-stenographer,
now in office or appointed or employed, pursuant to
any provision of this act — (meaning Code of Civ.
Pro.) — except that the stenographic notes, taken by
an assistant-stenographer, must, if he dies or his
office becomes otherwise vacant, be delivered to the
stenographer, to be held by him with like effect, as
if they had been taken by him. Code Civ. Pro. § 87.
II. Special Terjns.
1. Appointment and removal. Each of the jus-
tices of the supreme court assigned to hold special
terms in the fourth judicial district, for the hearing
of contested motions and the trial of issues of fact
and law, may appoint and at pleasure remove a
stenographer, who must attend and perform all such
services as may be required of him in reporting,
writing out, copying and otherwise assisting in all
judicial proceedings before the justices appointing
.him, and also in transmitting papers to the county
clerks' offices in said district for filing and entry
therein. L. 1886, c. 401, § i.
2. Salary and expenses, how paid ; county
charge. Each stenographer so appointed shall re-
ceive a salary fixed by said justice, not exceeding
seven hundred and fifty dollars per annum, and also
a reasonable sum for actual necessary expenses while
traveling to and from said terms and while attending
court, including stationery, and the same shall be
Stenographer- Law. xgj
payable by the Comptroller in equal quarterly pay-
ments, upon the certificate of said justice. To pro-
vide the means for paying said salaries and expenses,
each of said justices shall, on the first day of October,
eighteen hundred and eighty-six, and annually there-
after, fix and transmit to the Comptroller the amount
thereof, and the Comptroller shall on the first day of
November, eighteen hundred and eighty-six, and in
each and every year thereafter, fix and transmit to
the clerk of each board of supervisors, in said district,
a statement of the sum to be raised by the board of
supervisors of each of the counties within said dis-
trict, in accordance with the amount of taxable real
and personal property in each of said counties, as
shown by the last assessment-roll therein. Said
board of supervisors must annually levy and cause to
be collected, as a county charge, and paid over to the
several county treasurers the several sums fixed by
the Comptroller, and such county treasurers shall
pay over the sum so collected to the Comptroller of
the State, for the payment of such salaries and ex-
penses. Id. § 2.
STENOGRAPHERS FOR COUNTY COURTS.
I. Stenographers. The board of supervisors of
any count)', except Kings, Livingston, Monroe,
Cortland, Oswego, Westchester and Onondaga, may,
in their discretion, provide for the employment of a
stenographer for the county court and court of sessions
thereof, and ./hen said board of supervisors shall so
provide, the stenographer shall be appointed by the
presiding judge of said courts, and said board of su-
pervisors must fix his compensation, and provide for
192 Practical Court Reporting.
the payment thereof, in the same manner as other
county expenses are paid. Code Civ. Pro. § 358,33
am'd L. 1883, c. 403.
2. Same, in Kings county. The county judge of
the county of Kings, from time to time, must ap-
point, and may at pleasure remove, a stenographer,
to be attached to the county court, and the court of
sessions of the county of Kings; who is entitled to a
salary, fixed and to be paid as prescribed by law.
He must attend each trial of an issue of fact in the
county court or court of sessions. The stenographer,
appointed as prescribed in this section, may, with the
consent of the county judge, appoint an assistant
stenographer, to aid him in the discharge of his
duties, whose compensation shall be paid by the
stenographer, and is not a county charge. Code
Civ. Pro. § 359, as am'd L. 1877, c. 416.
3. Stenographers in certain counties. The judge
holding or presiding at a term of the county court
or court of sessions in either of the counties of Liv-
ingston, Niagara, Monroe, Onondaga, Oswego or
Cortland where issues of fact are triable, may em-
ploy a stenographer to take stenographic notes upon
trials thereat, who is entitled to a compensation to
be certified by the judge, not exceeding ten dollars
for each day's attendance, at the request of the
judge. The stenographer's compensation is a charge
upon the county, and in the counties of Livingston
and Onondaga must be audited, allowed and paid as
other county charges ; and in the counties of Monroe,
Niagara, Oswego and Cortland must be paid by
the county treasurer, on an order of the court,
Stenographer- Law. 193
granted on the affidavit of the stenographer and the
certificate of the judge that the services were rendered.
The judge of the county court and court of sessions
of Erie county may appoint and may at pleasure re-
move a stenographer of said courts, who must attend
each term of the said courts where issues of fact in civil
or criminal cases are triable, and shall receive there-
for a salary of fifteen hundred dollars per annum, to-
gether with his necessary expenses for stationery, to
be paid by the treasurer of said county of Erie, in
equal monthly installments, on the certificate of the
judge of said courts that the services have been actu-
ally performed or the expenses necessarily incurred.
Said stenographer shall also report and transcribe
opinions for the judge of said courts, as well as spe-
cial proceedings where a stenographer is required,
without additional compensation. Code Civ. Pro.
§ 361, as am'd L. 1890, c. 312, § i.
STENOGRAPHERS FOR GRAND JURIES.
I. How appointed ; proviso. It shall be lawful
for the county judge of any county of this State,
upon the recommendation of the district attorney of
such county, to appoint a stenographer to take the
testimony given before grand juries in said county,
excepting that in the counties of New York and Erie
such appointments shall be made by the district at-
torney of said counties of New York and Erie, re-
spectively, provided that in all counties not having a
population of seventy-five thousand, as shown by the
State or Federal census next preceding such appoint-
ment, the county judge shall only appoint such
stenographer upon a favorable vote of the board of
1 94 Practical Court Reporting.
supervisors of said county. L. 1885, c. 348, § i, as
am'd L. 1886, c. 131.
2. Qualifications of same. Every stenographer
appointed under the provisions of this act shall be a
citizen and resident of the county in which he is ap-
pointed. L. 1885, c. 348, § 2.
3. Revoking appointment. Any appointment
made under the provisions of this act may be re-
voked by the authority making the same, which re-
vocation must be in writing and be iiled in the office
of the clerk of the county in which such appoint-
ment was filed. Id. § 4.
4. Duties ; original testimony. It shall be law-
ful for any stenographer, duly appointed and
qualified as hereinbefore provided, to attend and be
present at the session of every grand jury impaneled
in the county in which he is appointed, and it shall
be his duty to take in shorthand the testimony in-
troduced before such grand juries, and to furnish to
the district attorney of such county a full copy of all
such testimony as such district attorney shall require,
but he shall not permit any other person to take a
copy of the same, nor of any portion thereof, nor to
read the same, or any portion thereof, except upon
the written order of the court duly made after hear-
ing the said district attorney. AH of the said original
minutes shall be kept in the custody of said district
attorney, and neither the same nor a copy of the
same, or of any portion of the same shall be taken
from the office of said district attorney, excepting
as above provided. Id. § 5.
5. Stenographer violating act. Every stenog-
(
Stenographer- Law. 195
rapher appointed as aforesaid, who shall violate any
of the provisions of this act shall be deemed guilty
of a misdemeanor. Id. §6.
6. Compensation. Each stenographer appointed
as aforesaid shall receive such compensation for ser-
vices rendered while engaged in taking testimony be-
fore a grand jury as shall be determined by the board
of supervisors of the county in which he is appointed,
excepting that in the county of New York, such
compensation shall be fixed by the board of estimate
and apportionment of the city of New York, and
such compensation shall not be less than five nor
more than ten dollars per day ; and in addition thereto
he shall be entitled to and shall be allowed for a copy
of testimony furnished to the district attorney the
same rate per folio as is now allowed to stenographers
of the county courts or court of common pleas in
their respective counties. Such compensation shall
be a county charge, and shall be paid by the treas-
urer of such county upon the affidavit of such
stenographer and the certificate of the district at-
torney specifying the number of days of actual ser-
vice and the number of folios of copy furnished. Id-
§7.
STENOGRAPHERS FOR SURROGATES' COURTS.
I. Stenographers for surrogates' courts ; in
New York and Kings. The surrogate of each of
the counties of New York aiul Kings must appoint
and may, for cause, remove, a stenographer for his
court, who is entitled to a salary fixed by law, and
to be paid as the salaries of clerks in the surrogate's
office are paid. Code Civ. Pro. vj 2512.
196 Practical Court Reportiti^.
2. Same ; in other counties. The surrogate of
each county, except New York and Kings, may, in
his discretion, appoint, and at pleasure remove a sten-
ographer for his court, who shall be paid a reasonable
compensation, certified by the surrogate, in every
case in which he takes notes of testimony. Such
compensation is part of the costs of the proceedings.
Code Civ. Pro. § 2513.
3. Duty of stenographer. The stenographer of
a surrogate's court must, under the direction of the
surrogate, take full stenographic notes of all proceed-
ings, in which oral proofs are given, except where the
surrogate otherwise directs. The testimony must be
legibly written out at length by him, from his notes ;
and the minutes thereof, as so written out, must, after
being authenticated as prescribed in the next section,
be filed in the surrogate's office. Code Civ. Pro.
§ 2541-
4. How minutes of testimony authenticated.
The minutes of testimony, written out as prescribed
in the last section, or taken by the surrogate, or
under his direction, while the witness is testifying,
must, before being filed, be authenticated by the
signature of the stenographer, referee, the surrogate
or the clerk of the surrogate's court, as the case may
be, to the effect that they are correct. Code Q\\\
Pro. § 2542, as am'd L. 1881, c. 535.
5. Same ; to be bound in volumes, etc. In the
city and county of New York, in the county of
Kings, and in any other county where the super-
visors so direct, the minutes of testimony written
out by the stenographer must be bound, at the ex-
Stenographer- Law. 1 9 7
pense of the county, in volumes of convenient size
and shape, indorsed " Stenographic minutes," and
numbered consecutively. Upon the record of a de-
cree made in any contested matter, the surrogate
must cause to be made a minute, referring to each
volume of the stenographic minutes, and to the pages
thereof, containing any testimony relating to the
matter. Code Civ. Pro. § 2543.
6. Expense of transcript. * * * * the sur-
rogate may order — (in a will case) — a copy of the
stenographer's minutes to be furnished to the con-
testant's counsel, and charge the expense thereof to
the estate if he shall be satisfied that the contest is
made in good faith. Code Civ. Pro. subdivision 3
of § 2558, as am'd L. 1881, c. 535.
SUPERVISORS TO PROVIDE FOR COMPENSATION,
ETC., OF STENOGRAPHERS.
Salary. The board of supervisors of each county
must provide for the payment of the sums chargeable
upon the treasury of the county, for the salary, fees, or
expenses of a stenographer or assistant-stenographer ;
and all laws relating to raising money in a county, by
the board of supervisors thereof, are applicable to
those sums. Code Civ. Pro. ^ 88.
TRANSCRIPTS.
I. Notes of stenographer ; order apportioning
salary of same, etc. The notes of an official stenog-
rapher, or assistant-stenographer, taken at a trial,
when written out at length may be treated, in the
discretion of the judge, as minutes of the judge upon
the trial for the purposes of the article. (The pur-
198 Practical Court Reporting.
poses of the article relate to exceptions, case and
motion for new trial.) When, by provision of law, a
justice of the supreme court of this State, by his or-
der, in waiting, duly entered in a county clerk's ofifice
in the judicial district of said justice, apportions the
stenographer's salary among the several counties of
said judicial district, or requires the duplication of
any stenographic notes, taken in said judicial district,
no notice of the application for said order shall be
adjudged necessary upon any board of supervisors in
said judicial district, and the liability for compensa-
tion for such services shall be deemed fixed upon the
performance of the work. Code Civ. Pro. § 1007, ^s
am'd L. 1884, c. 277.
2. Stenographer to furnish testimony. A copy
of the testimony taken on the trial — (of a convicted
person sentenced to State Reformatory at Elmira) —
and of the charge of the court, shall be furnished to
the clerk for the purposes of this act — (this relates
to the duty of the clerk to transmit the testimony) —
by the stenographer acting upon the trial, or if no
stenographer be present, by the district attorney of
the county ; but the court may direct the district
attorney to make a summary of such testimony,
which summary may, after approval and by direc-
tion of the court, be made a part of the record
herein provided for ; and if the court so directs, a
copy of the testimony need not be made and
may be omitted from such record. The stenog-
rapher or district attorney furnishing such copy or
summary and the county clerk, shall be entitled to
such compensation in each case in which they shall
I
Stenographer- Law. 199
perform the duties required by this act, as shall be
certified to be just by the judge presiding at the trial,
and shall be paid by the county in w hich the trial is
had, as part of the court expenses. L. 1887, c- 711,
3. Judge must transmit transcribed testimony
to governor. The judge, presiding at the term at
wliich the conviction took place — (in cases punishable
by death) — must immediately thereupon transmit to
the governor a statement of the conviction and sen-
tence, with the notes of testimony taken upon the
trial by him or the notes, written out, taken by a
stenographer or assistant-stenographer, attending the
court or term pursuant to law. Code Crim. Pro.
§493-
4. Minutes of testimony. It shall be the duty of
the district attorneys of the several counties, within
thirty days after the close of any term of the court
at which criminals arc tried, to file in the county
clerk's office full and correct minutes, or a copy
thereof, of the evidence taken on the trial of such
criminals as have been convicted at said term. L.
i860, c. 135. ^ I.
5. Transmission of same to governor. It shall
be the duty of the county clerks of the several coun-
ties in this State to transmit to the governor, on his
application, such minutes of testimony as filed in
their offices respectively. Id. Jj 2.
6. Paper. * * * i^ '\\\c transcribed minutes
of a stenographer taken in an\- civil or criminal ac-
tion, or in any hearing or special proceeding, civil or
criminal, shall be written or t\'pewritten on paper of
200 Practical Court Reporting.
the size hereinafter specified ^v % % -i:!: on paper
of a uniform size, as follows : The paper must be
ten and one-half inches by eight inches, and bound
on the edge of the greatest length. Code Civ. Pro.
§796, as am'd L. 1888, c. 496.
7. Fees. Except where otherwise agreed, or when
special provision is otherwise made by statute, a
stenographer is entitled, for a copy fully written out
from his stenographic notes of the testimony, or any
other proceeding taken in an action, or a special
proceeding in a court of record, or before a judge
thereof, and furnished, upon request, to a party or
his attorney, to the following fees for each folio : In
a circuit court or court of oyer and terminer, or at a
special term of the supreme court in the third, fourth,
fifth, sixth, seventh or eighth judicial district, or in
the supreme court of Buffalo, six cents ; in any other
court or courts, ten cents ; and for the copy of the
testimony required to be made in any proceeding for
the records of the surrogate's court of either of the
counties of New York or Kings, ten cents ; and the
surrogate may order that the fees for such record
copy be paid out of the estate to which the proceed-
ing relates. Code Civ. Pro. § 331 1, as am'd L. 1891,
c. 356.
Beside the foregoing statutes, there are others re-
lating to the stenographer, his duties and rights ; but
these being of local interest, it is thought unneces-
sary to incorporate them.
DPXISIONS.
A stenographer is not legally known in judicial
proceedings, except as an officer of the court, actiner
Ste7io^rapher- Law. 2 o i
under its direction, and subject to its control. On a
trial at circuit, the steno<^rapher is such an officer,
and acts in his official capacity ; but on a trial before
a referee, the employment is by the party or parties
for his or their accommodation simply, and, there-
fore, it seems, his fees are not taxable on a trial be-
fore a referee, unless it is so stipulated. i^Varnum v.
Wheeler, 9 Civ. Pro. R. (^Browne) 421.J
A client is responsible for stenographer's fees where
the stenographer is employed by his attorneys to
take the minutes of proceedings * * ^•^^ and it is
immaterial whether the parties, sought to be charged,
instituted the proceedings or not. (Harry v. Hilton,
1 1 Abb. N. C. 448.)
In the absence of special agreement imposing a
personal liability, an attorney for one of the parties
to an action cannot be held personally responsible
for the services of a stenographer therein. (Bonynge v.
Field, 81 N. Y. 159.)
As a general rule, an attorney will incur no liability
by simply requesting a stenographer to take and re-
port the evidence and proceedings upon the trial of
an indictment against his client, unless he expressly
binds himself for their payment. (Bonynge v. Water-
bury, 12 Hun, 534.)
In the absence of special agreement, all the parties
to the action are joint!}' liable to an unofficial sten-
ographer employed to take the official records of the
proceedings before a referee, antl furnish the parties
with copies of the testimony. (Adams w X. \ ., Lake
Erie and W. R. R. Co., 20 Abb. X. C. 180.)
An attorney has implied authorit)- to bind his
20 2 Practical Court Reporting.
client by employing a stenographer to report a spe-
cial issue, and the right of such stenographer to
recover for his services will not be affected if the
client has expressly prohibited such employment,
unless the stenographer knew of such prohibition.
(Thornton v. Tuttle, 20 Abb. N. C. 308.)
A receiver of property in litigation is personally
liable for the fees of a stenographer employed by
his attorney to take the testimony, upon a reference
to state his accounts as receiver. (Ryan v. Rand,
20 Abb. N. C. 313.)
An attorney, who has employed and paid a stenog-
rapher, whose minutes have been used by the
referee, upon the trial and in making his report, has
no right to the exclusive possession of such minutes,
and an order is proper that requires such attorney
to deposit them for the purpose of enabling defend-
ant's attorney to make a case, and to enable the
referee to settle the same, if one was made. (Wood-
worth V. Seymour, 16 Weekly Dig. 43.)
A stenographer is not obliged to deliver the min-
utes of the evidence taken before a referee, until he
has been paid therefor. If he make such delivery
for the purpose of enabling the referee to examine
and use the minutes as the basis of his report, it is
the duty of the referee to file the minutes with his
report ; although the stenographer's fees are unpaid.
The stenographer cannot make a conditional delivery
of his minutes. (Pope v. Perault, 22 Hun, 468.)
Official stenographers cannot require prepayment
of transcript fees upon a computation or estimate of
the probable number of folios. The legal rate per
Stenographer- Law. 203
folio only can be cliai<^cd, and the number of folios
must be ascertained by actual count. (Wright v.
Nostrand, 58 How. Pr. 184.) In the last case the
decision was at special term, and cannot be regarded as
authoritative. The question therein arose upon a
motion at the December (1879) special term of the
New York (city) Superior Court before Justice
Spier, made by the defendant's attorneys to compel
Mr. Henry \V. Parkhurst, the official stenographer
of the equity branch of that court, to furnish a
copy of his minutes of the trial of the action. The
report of the case before us does not disclose that
the justice wrote or handed down a written opinion
The language of the case appears to be that of the
reporter. It states that the court ordered the stenog»
rapher to write out his minutes (which he had
refused doing without prepayment of transcript fees)
and make out his bill at ten cents per folio by actual
count. It then purports to quote the language of
the justice : " that attorneys, as well as stenogra-
phers, are officers of the court and subject to its
orders, and that in any case where it should be made
to appear that an attorney had wrongfully refused to
pay the legal charges of the stenographer, the court
would protect the latter by a summary order against
the attorney." In the case of Guth v. Dalton (58 How.
Pr. 289) in which a motion was made at the February
(1880) special term of the N. Y. (city) Common Pleas
to compel an official stenographer to furnish a copy
of minutes, Justice Daly decided that the stenog-
rapher ma)- require prepayment of his fees, and
remarked : " and I think it is not unreasonable to
204 Practical Court Reporting.
require it." The report of tlie case states that the
motion was granted " on tender of fees, at the rate
of ten cents a foHo."
The General Term (fifth department) of the su-
preme court in a recent decision (In re will of By-
ron, deceased, 40 N. Y. State Rep. 846, Oct. 23,
1 89 1) in construing section 2558 (see ante, page
197, section 6 of Surrogate's courts,) Justice Lewis
writing the opinion, decided that the order, re-
quired by that section to be made by the surro-
gate, must precede the furnishing of the minutes.
In that case the order was made subsequent to the
delivery of the minutes. The learned justice in the
course of the opinion remarked : " Had the appli-
cation been made before the minutes were furnished,
it would have been made to appear to the surrogate
that his ofificial stenographer had already furnished
a copy of most of the testimony to the proponents,
for which he had charged them the sum of $332.
An investigation would have undoubtedly shown
that the stenographer, when he made the copy for
the appellants, took a duplicate impression and had
on hand an extra copy of the evidence. It would
have afforded the appellants an opportunity to loan
to the contestants their copy of the evidence and
thereby save the expense of another copy. This
case very aptly illustrates the propriety of the pro-
vision of the Code requiring that the application for
the order should precede the furnishing of the min-
utes. The course pursued gave to the stenographer
an opportunity to secure $456.80 for an exceedingly
small outlay on his part. If properly regulated, the
Stenographer- Law. 205
services of a stenographer probably facilitate the
business of our courts. Ihcy at least conduce to
correctness, but unless a careful supervision is exer-
cised over them by the courts their charges become
exceedingly burdensome to the litigants. If this
order is allowed to stand, there will be taken out of
ihis estate for the work of a mere clerk in copying
the minutes ot the trial $788.80. The stenographer of
the surrogate's court receives a salary for taking the
original minutes. We are not advised as to the value
of this estate, but assuming it to be an average estate
the stenographer's charges would make a serious
inroad into the accumulations of the testator."
See note on stenographers' fees, 20 Abb. N. C.
18311
CHAPTER X.
WORDS, DEFINITIONS AND FORMS.
There are words which occur very often in legal
phraseology with which the stenographer should be
acquainted. He should not only be armed with an
appropriate and convenient phonographic outline to
represent these, but he should learn their meaning.
These words will be given below in alphabetical
order.
FREQUENT WORDS.
Abandon . ed . ing . ment
Abatement
Abet-ted.ing.tor
Abduct.ed.ing.ion
Abort-ion.ive
Abscond, ed.ing
Administra. trix . or. tion
Admiss.ible.ion.ibiiity
Admit.ed.ing
Adopt.ed.ion.ing
Adulter, y.er.ous.ation
Adverse (possession)
Accept ed-ing.ance.ation Advance. d.ing. ment
Accessor, y.ies
Accident.al
Accommodat.ed-ing-ion
Accomplice
Accord (and satisfaction)
Accounting. able
Acknowledged. ment-ing.\fford
Accumulate, d.ing.ation Affix.ed.ing
A d vertise . d . m ent
Advice
Advise.d.or.ing
.\ffi davit
Affinity
Affirm, ed.itive.ing.ation
.•Vccuse. d.ing. ation
Acquit. ed.ing.tal
Acre
Act.ed.ing
Action .able
Adapt, ed.ing.ation
Adjourn, ment. ing.ed
Adjudge. d.ing
Adjudicate. ed. ing. ion
Admeasure, d- ment
Agen.t.cy
Agree, d. ment. ing
.\llege.d.ation.!ng
Alien. ation
Alter.ate.ation-ing
Answer. ing.ed
Appeal. ing ed
Appear.ed.ing.an
Appel.late.ant
Appl.y.ied.ication
Appl . icable. icability
Appoint, ed. ing. ment
Apportion. ed. ing. ment
Apprais.al.ers.ing.
ment.ed
Apprehend, ed. ing. sioa
Arraign . ed . ing . ment
Argue . d . ment. ing
Arrest.ed.ing
Arson
Article
Assault, ed. ing
Assess, ed. ing. ment. or
Assets
Assign.ee. or. d.ing. ment
Attach.ed.ment
-■Vttempt.ed.ing
Attend.ed.ing.ance
-Attorney
Authenticate . d . ing. ation
Auction. eer
Audit
Aver.ed.ment.ing.
Words, Ddjmitions and Forms
207
I
I
Bad (faith)
Baggage
Bail.cc.or.ed.ing
Ballot. ed.ing
Bank-cr.ing
Bank note
Bankrupt. ed.cy
Bar
Battery
Bequest
Bias
Calendar
Cancel . ed . lation . ing
Capacity, ies.itaied
Caption
Carrier
Case
Cause
Certain ty.ly
Certilv led icate.ication
Certiorari
Challeng. ed.ing
Chambers
Change ding
Charge
Chattel
Check
Child ren
Chose (in action)
Circuit
Citation
Citizen ship
City
Civil
Claim
Clerk
Client
Code
Codicil
Collateral
Color
Com inence . d . ing . meat
Commission. ed. or
Commit, ee.ed. ing. ment
Common
Communicate, d . ing
ation
B.
Bidder
Bigamy
Bill (of costs)
Bill (of exchange)
Bill (of particulars)
Bill (of sale)
Bill (of exceptions)
Body
Bond, holder
Book
Boundary ies
Company
Compensate, d. ation
Competent. cy
Complain ed . ing . t
Compromis. ed.ing
Comptroller
Comput.e. ation. ing. ed
Conceal . ed . ing - ment
Conclude. d. ing
Conclusion
Concur, red. ing. rent
Condemn, ed.ing. ation
Condition, ed.al
Conscientious
Con<lone d . ing . ation
Conduct. ed.ing
Confess. ed.ing. ion
Confidential
Confined, ing- ment
Conform ed.ing
Consanguinity
Consent
Consider, ed.ing. ation
Consign . ed .ing. ee or
Consolidate . d . ing . ation
Conspir.ed.ing.acy
Constable
Constituted. ing. ation
Construct. ed.ing. ion
Contempt
Contest, ed.ing
Contingen.t.cy
Contiguous
('ontiiiue.d. ing. ation.
uous
Contract, ed.ing
Bouglit
Breach
Hribc-or.ing.ry
Burden (of prooO
Burglary, ies
Burn. ^.ed.ing
Business
Buy .ing. er
By. law
By.stander
Contribute, d -ory . ing . ion
Converse. d. ation
Controversy
Con vert, ed- ing. sion
Convey.ed.ing.ance
Convict, ed.ing. ion
Convince.d.ing
Copartner. ship
Cojiy.ies.ied
Coroner
Corporate, d. ion
Correct, ed- ing. tion
Correspond . ed . ing . ent .
ence
Corroborate . d . ing .ation
Costs
Counsel
Court-house
Court, room
Court lof- Record)
Court (not. of. Record)
Counterclaim, ed.ing
County
County (court)
County (judge)
County (clerk!
County (treasurer)
County (jail)
Covenant. ed.ing
Creditor
Crim.e.inal.inate
Cross. examined, ation
Cruel, ty
Curtesy
Custody, ian
2o8
Practical Court Reporting,
Damage, d.s.ing
Danger, ous
Date.d
Debt. or
Deceased
Decedent
Deceit
Deceive
Decide
Decision
Declaration
Decree
Deed
Default
Defects
Defend ant.ed.ing
Defense. ive
Deficient. cy
Defined
Definite
Delay, ed
Deliver, y.ed
D.
Demand. ed
Demur. rer
Deny.ies.iai
Department
Deposit
Depose
Deposition
Designat.e.ed. ion
Destroy, ed.uction
Detain
Detention
Determine, d.ation
Devise-d.ees
Defraud. ed-ing
Defective
Degree
Delusion
Deputy (slieriff)
Direct, ed.ingors
Disable. ity
Disagree, d.ing.ment
Discover, ed-ing
Disburse, d.ment
Discharge. d.ing
Discontinue. d.ing %wc~.
Discover, ed.ing.erv
Discretion
Disease
Dismiss, ed-ing.al
Disorderly
Dispossess, ed . ing
Dispute, d.ing.ation
Disqualify, ed.ication
Dissolve. d.ing
Dissolution
Distinct
Distruct.ive.ion
Distribute, ive.ion
Disturb . ed . ing . ance
Dividend
Divide, d- ing
Division
Duty.ies
Dwelling. house
Eject. ed.ment
Enlarge, d.ment
Entitle -d.ing
Equityable
Erase, d-ure
Error
Escape
Estate
Estop, ped. ing. el
Evidence
E.xamination
Except - ed . ing. ion
Exchangeed.ing
Excise
Execution
Execute, or. trix. ion
Exhibit. ed. ing
Expect, ed. ing. ation
Expense. s. d.ing
Experience
Expert
Express. ed. ing.' -o
Extend. ed. ing. sion
Fact.s
Fail. ed. ing- ure
False, ly
Fee
Felon. y.ious.Iy
Fictitious
Gave
General. ly
Genuine, ness
Gift
Give. n. ing
File. d.ing
Final
Find. ing. s
Fiduciary
Force
Foreclose, ed . ing. ure
G.
Goods
Good (faith)
Grace (days of)
Grand (jury)
Grant.ee. or. ed
Forgery, ed
Form, ed.er. ing. atio^
Fraud. ulent.ly
Further
Future
Ground. s
Guarant.y.ee-or
Guardian (ad litem)
Guilty
Words, Definitions and Forms.
209
Habeas (cnrpiis)
Habitual (drunkard)
Handwriting
Hearing
Heir
Hereafter
Heretofore
Hereinbefor
Hereinafter
H.
Hereunto
Herewith
Hereto
High-er.est
Highway
Homici.de. al
Horse. s
Horse (car)
Horse (barn)
Horse (stable)
Horse (blanketi
Horse (shed)
Hotel
Hotel (keeper)
Hour
House
Husband
lllcgttima te cy
Impeach
Imply, icil cation
Imprison ed inent
Improper
Immaterial
I mpeach . ed . ing . ment
Incompetent. cy
Impossible ity
I ncorporatc ation . ing
Indefinite, ness
Indict. ing ment
Indorse.r.d-ing.ment
Infant. cy
I.
Inferior
Inforra.ed. ing. ation. er
Inherit, ed. ing. ance
Innocent.ly.ce
Injunction
Injure. d.ies.y.ious
Inquest
Insan.e.ity
Insolven.t.cy
Institute. d. ing. ion
Instruct ed. ing. ion
Instrument
Insufiicien.t-cy
Insure. d. ance
Intend, ed. ing
Intent, ion
Interested, ing
Interlocutory
Intermediate
Interrogatory. ies
Intervene. d. ing
Intesta.te.cy
Intoxicate, d. ing. ion
Inventory. ies. ing
Invoiced
Irregular. ly ity
Irrelevan.l.cy
Issue. s.d
Jail. ed. or
Jeopardy
Joint
Judge
Judgment
Knew
Judicial (notice)
Jurisdiction
Juror. s
Jury, ies
K.
Kill. ed. ing
Jury (box)
Justice
Justif.y.iable.ied.ing.
ication
Know. ing. ledge. ingly
Laches
Land
Landlord
Larceny
Law s.ful
Leading
Lease d.ing
Leave, ing
Legal, ly
Legacy
Legatee
Legislature
Less. ee. or
Letters
Levy
License. d
Lien
Life
Limit. ed. ing. ation
Liquidate, d.ing. ion
Lun.acy.atic
2IO
Practical Court Reporting.
Machine. ry
Magistrate
Mail.ed.ing
Magnitude
Maintain. ed.ing
Maintenance
Malice
Malicious, ness
Malpractice
Man
Mandamus
Mandate
Mania, cal
Manifest.ed.ation
Manufacture, d.ing.ory
M.
Manslaughter
Map
Market (value)
I Marl<. ed.ing
Marry . led . iage.iagable
Measure, d-ing.ment
Mechanical
Medicine, al
Meet.ing-s
Member
Memoranda, dum
Men
Merchandise
Merger. ed
Merit. s.orious
Minor. s
Minutes
Misappropriate. d. ion. ing
Misconduct
Misdemeanor
Mistake, n
Mitigat . ed . ing . ion
Mone.y.ies
Mortgage . s. or. ee
Motion
Municipal
Murder. ous. ing. er
Mutila.te.tion
Mutual
Name. ed.ing
National
Nature.al
Navigate, d- ing. ion
Necessar.y.ies.ily
Necess.itate.itaied
Negative
N.
Neglect. ed.ing Non. resident
Negligen.t.tly.ce Non. suit. ed
Negoti. ate. ated. able. Notary, ies
ability. ation.ating Note.s
Newspaper Notice. d. ing
Next. (of. kin) Notify. ied.ication. ing
Night-time Numerous
Oath.s
Object. ed.ing. ion
Oblige, d. ing. ation
Obscene. ity
Obstruct, ed.ing. ion
Obtain. ed.ing
Occup.y.ied. ing. ation
Offend, ed.ing
o.
Offense
Offer, ed.ing
Office. er.ial
Off. set
Omit. ted. ing
Omission
Opinion
Order. ed.ing
Ordnance
Origin, ate
Overseer
Own.ed.er.ing
Ownership
Oyer, (and . Terminer)
Paid
Paper. s
Part. ed. ing. ial
Particular, s.ity .ly
Partition, ed
Party, ies
Partner. s. ship
Passenger
P.
Patent. ed.ing
Pay.ment.ing
Peaceful
Penal, ty
Pend.ing.ency
Penitentiary
Peremptor.yily
Perform . ed ing . ance
Perjury
Person. al.alty
Petit
Petition. er. ing. ed
Physi.cian.cal
Plaintiff
Plead. ings
Point, s
Worch, Definitions and Forms.
21 I
Policemiin
Possess, ud . ing. ion
Post, office
I'ostpone.d-ing ill
Practic.e.d.ing.al
Povvers.ful
Prefer red . ing . ment
Premium
Present. ed. ing. meni.
ation
Presump-tive.tion
Presence
Pretense
Princiiial.ly
Prisoner
Privileged
Probate, d. ing
Proceed . ed . ing . ings
Process
Production
Professional
Promised. ing. sory
Proof
Property
Protest, ed. ing
Prove
Publicly. ation
Publish, ed. ing
Punish ed . ing . ment
Purchased, ing. or
(Question
Quality
Quantity
Railroad
Raped. ing
R eal . (propert y . estate)
Reason able. ably
Receiver. ship
Recognize . d . ing . tion
Recognizance
Recommend . ed . ing .
ation
Reconsider, ed . ing . alio n
Record. s.ed. ing. er
Recov.er.ed.ing ery
Refer. ee. once. red. ing
Rel ease. d. ing
Relief
Remedy, ied
Renled-ing
Replev.ied.ia
Reply. ied
Report, ed
Represent, ed . ing .
ation .ative
Request. ed. ing
Resided, ing. nt. nee
Retaxation
Return. ed. ing
Revoke.ed-ing
Revocation
Right, s.ful
Rule. s.ed. ing
Sale
Saloon
Satisfy . ied . ing . action
Scienter
Seal
Secure. ed ing.ity
Seduce. d ing. tion
Service able
Session
Set. off
bottled. mg. ment
Several, ty
Sherifl
Sign. ed. ing aturc
Slander ed ous
Special
Specific
State. ed. ing. ment
Statute. ory
Stay
Stealing
Stipulate. d.mg-ion
Stock, holder
Stolen
Subject, matter
Submit, ted. ing. ssion
Submission
Subpoena. ed. ing
Subscribe. d. ing
Subscription
Substitute . ed . ing . ion
Suit
Summary
Summon. ed. ing. s
Superintend . ed . ing.
ency
Superior. ity
Supervise. or
Supplement, alary
Supreme
Surety. les
Surplus. age
Surrend.er.ed.ing
Surrogate
Sustain, ed. ing
Survive.al.or.orship
Swear, ing
Svk'ore.n
Sentence, ed. ing
212
Practical Court Reporting.
Tax.ation
Technical. ity
Tenan.t.cy
Tender
Term
Territory, ial
Testament. ary
Unauthorized
Uncertain, ty
T.
Testa, trix. or
Testimony
Threats
Title
Tort
Trade. mai
u.
Undersheriflf
Undertaking
Transcript, ion
Transfer, red. ing.ee. or
Transport . ed . ing . ation
Trespass, ed.ing.er
Tnal
Trust, ee.eeship
Unsound. ness
Usur.y.ious
Vacat.e.ing
Vagrant, s
Valu.e.ed.ing. ation
Vary .ied.ing.ance. ation
Venire
V.
Venue
Verdict
Verify, ication
Vest.ed
Waive, d.ing.er
Warrant, y.ee. or. ed.ing
Widow
Wife
Wilfull.y
w.
Will.ed-ing
With. draw, al.ing
With. drew
With. hold. ing
Witness, es. ed. ing
Violate . d . ing . ion
Void
Voluntary. ily
Voucher, s
Writ
Write
Writ. ing. ten
Wrong, ed- fully
An explanation of some words and phrases was
given in Chapter VII. Beside these, there are
others which the law stenographer will meet, and
which he must recognize and understand. Following
will be found those that will prove of most con-
venience.
DEFINITIONS.
A.
Ab initio (Lat.) — From the beginning.
Ad infinitum (Lat.) — -To the utmost.
Ad libitum (Lat.) — At pleasure; at will.
I
Words, Definitions and Forms. 2 1 3
Ad litem (^Lat.) — To (or in) the suit or (contro-
versy).
Administrator dc son tort (Fr.) — Administrator in
his own wrong.
A fortiori (Lat.) — By so much the stronger ; by a
more powerful reason.
Alibi (Lat.) — In another place.
Aliter (Lat.) — Otherwise.
Aliunde (Lat.) — From another place ; or from some
other person.
A mensa ct thoro (Lat.) — Divorce from bed and
board.
Amicus curiae (Lat.) — -A friend of the court.
Animus furandi (Lat.) — Intention to steal.
Animus revertendi (Lat.) — Intention to return.
A posteriori (Lat.) — "From the latter." Some-
times referring to mode of argument.
A priori (Lat.) — From the former.
Audi alteram partem (Lat.) — Hear the other side.
Autrefois acquit (Fr.) — Formerly acquitted.
Autre droit (Fr.) — Another's right.
A vinculo matrimonii (Lat.) — From the bonds of
matrimony.
B.
Banco (Lat.) — In court.
Baron et feme (Lat.)^ Husband and wife.
Bona (Lat.) — • Goods ; personal estate. (Rarely used
in this sense.)
Bona fide (Lat.) — -In good faith. (Frequently used.)
Bonus (Lat.) — ^ (Literally, good.) A consideration
given for that which is received.
2 1 4 Practical Court Reporting.
c.
Capias (Lat.) — " You may take." Writ for a de-
fendant's arrest.
Causa mortis (Lat.) — In prospect of death.
Caveat emptor (Lat.) — Let the purchaser beware.
Cestui que trust (Fr.) — Persons for whose use an-
other has title to lands, etc.
Chose in action (Fr.) — A thing in action.
Clausum fregit (Lat.) — He broke the close, or field.
Color of title — The appearance of title; apparent
title.
Compos mentis (Lat.) — Of sound mind.
Corpus delicti (Lat.) — The body of the crime — th*-
very nature and essence thereof.
Cum onere (Lat.) — With the burden.
D.
Damnum absque injuria (Lat.) — Loss without an
injury.
Datum (Lat.) —A point fixed upon.
De bene esse (Lat.) — Conditional.
De bonis asportatis (Lat.)— Of goods carried away.
De bonis non (Lat.) — Of goods not administered.
De donis (Lat.) — Concerning gifts or grants
De facto (Lat.) — In fact.
Dehors (Fr.) — Away from.
De jure (Lat.) — In or concerning the law, or right.
Del credere (Lat.) — Of trust.
De minimis non curat lex (Lat.) — The law does
not regard trifles.
De novo (Lat.) — Anew: to begin again.
De present! (Lat.) — Present time.
Words, Definitiom and Forms. 2 1 5
De son tort (Fr.) — His own wrong.
Dicta (Singular, dictum) (Lat.j —Sayings ; state,
ments ; assertions.
Dies (Singular, die) (Lat.) — Days.
Donatio mortis causa (Lat.) — A gift in prospect of
death.
Duces tecum (Lat.) — That you bring with you.
(Name of a subpoena requiring a witness to pro-
duce books, papers, etc., upon trial.)
E.
Eo instanti (Lat.) — Immediately.
Estoppel (Lat.) — A stop. (One is estopped from
doing an act, contrary to some act or declara-
tion previously done or performed, upon the
strength of which another has acted.)
Et alium (Lat. singular) — And another.
Et alios (Lat. plural) — And others. (Abbreviated
to " et al." and used to indicate several parties,
plaintiff or defendant, written after name of the
first party.)
Ex contractu (Lat.) — By a contract.
Ex delicto (Lat.) — By a crime.
Executor de son tort (Fr.) — One who acts (as ex-
ecutor) illegally under a will.
Ex officio (Lat.) — By virtue of the office.
Ex parte (Lat.) — Without opposition.
Ex post facto (Lat.) — By a subse'-ucnt act.
F.
Falsus in uno, falsus in omnibus (Lat.) — False in one
respect, false in all.
2i6 Practical Court Reporting.
Feme covert (Fr.) — A married woman.
Feme sole (Fr.) — - A single woman.
Ferae naturae (Lat.) — Wild by nature.
Fieri facias (Lat.) — That you can cause to be done.
(A writ of execution.)
Filius nullius (Lat.) ^ No person's son.
Flotsam (Lat.) — Goods floating on the sea.
Gift inter vivos (Lat.) — Gifts between living persons.
Gist of action — From Fr. " gist." The very point
in question.
Guardian ad litem (Lat.j — A guardian for the pur-
poses of an action.
H.
Habeas Corpus (Lat.) ^Tnat you have the body. A
writ used to produce a prisoner to inquire into
the cause of his detention.
L
Ignorantia juris non excusat (Lat. j — Ignorance of
the law excuses no person.
In esse (Lat.) — In being; in existence.
In extenso (Lat.) — At large ; to the extent.
In extremis (Lat.) — In the last moments; near
death.
In flagranti delicto (Lat.) — In the commission of
crime.
In forma pauperis (Lat.) — Suing as a pauper.
In futuro (Lat.) — In the future.
Innuendo (Lat.) — An oblique hint — an intimation.
In pari delicto (Lat.) — In a like crime.
Words, Defniitions and Forms. 217
In personam (Lat.) — Relatin<j to the person.
In rem (Lat.j — Rclatin^j to the thing.
In statu quo (Lat.) — In the former state or condition.
Inter vivos (Lat.) — Among or between living per-
sons.
In transitu (Lat.) — Usually applied to merchandise
during transportation.
Ipso facto (Lat.) — By the fact, or deed, itself.
Ipso jure (Lat.) — By the law itself.
J.
Jetsam (Lat.) — Goods thrown into the sea.
L.
Laches (Lat.) — Neglect.
Le.x (Lat.) — The law.
Le.x domicilii (Lat.) — The law of the domicile.
Lex fori (Lat.) — The law of the court.
Le.x loci (Lat.) — The law of the place.
Lex loci contracti (Lat.) — The law of the place
where the contract was made.
Lex scripta (Lat.) — The written or statute law.
Lex non scripta (Lat.) — The unwritten, or common
law : law received by tradition.
Locus delicti (Lat.) — Place where the crime was
committed.
Locus in quo (Lat.) — The place in question. (Used
frequently.)
M.
Mala f^de (Lat.) — Bad faith.
Malfeasance (Lat.) — Wrong-doing.
Maximum (Lat. ) — Greater.
21 8 Practical Court Reporting.
Merger (Lat.) — Where a greater and less right meet
in one person, the latter merges and sinks into
the former.
Mesne (Lat.) — Middle, intervening. Mesne process
— intervening process ; mesne profits — middle
profits.
Minimum (Lat.) — Lesser.
Moot (Lat.) — Doubtful.
Multum in parvo (Lat.) — Much in little.
N.
Ne exeat (Lat.) — That he depart not. The writ
of ne exeat (now abolished in N. Y. State) pro-
hibited a person leaving the State.
Nolle prosequi (Lat.) — Unwilling to proceed. In
criminal proceedings refers to discontinuing or
quashing an indictment.
Non compos mentis (Lat.) — Of unsound mind.
Non constat (Lat.) — It does not appear.
Non est (Lat.) — -It is not.
Nonfeasance — Non-performance.
Nudum pactum (Lat.) — A bare, or naked contract.
Nulla bona (Lat.) — No goods. The return of a
sheriff upon an unsatisfied execution.
Nunc pro tunc (Lat.) — Now for the time. Used
frequently where an act is permitted to be done
which should have been performed before, i. e :
the making of an order nunc pro tunc.
O.
Obiter (Lat.) — Loosely; without authority.
Obiter dicta (Lat.) — ■ See Dicta. Words spoken or
written without authority.
Words, Definitions and Forms. 2 1 9
Onus (Lat.) — Burden.
Onus proband! ( Lat.) — Burden of proof.
Ouster (Lat.) — Dispossession.
Oral — Verbal.
Overt (Lat.) — Open ; public.
P.
Parol (Lat.) — Verbally.
Pedis possessio (Lat.) — Possession by the feet 5
actual possession.
Pendente lite (Lat.) — During the continuance of
the action.
Per autre vie (Fr.) — For the life of another.
Per capita (Lat.) — By the heads ; share and share
alike.
Per curiam (Lat.) — By the court.
Per diem (Lat.) — By th^ day.
Per verba dc future (Lat.) — ^ Words of future accep-
tation.
Per verba de presenti (Lat.) — Words of the present
time.
Prima facie (Lat.) — The first blush, first view, or
first appearance of a matter.
Pro rata (Lat.) — At the rate.
Q.
Quantum meruit (Lat.) — As much as deserved.
Ouare clausum frci^it (Lat.) — Why did he break the
close. Name of a form of action for trespass.
R.
Rei judicatae (Lat.) — Of the matter adjudged. (Sel-
dom used.)
2 20 Practical Court Reporting.
Res adjudicata (Lat.) — Of the matter adjudged.
(Used a great deal.)
Res gestae (Lat.) — The subject-matter. (Used a
great deal.)
Res inter alios (Lat.) — Things between others.
Respondeat superior (Lat.) — Let the principal be
answerable.
Scienter (Lat.) — Knowingly ; willfully. (Very often
used in cases arising from injuries by vicious
animals, in which " the scienter," i. e. : knowledge
of such viciousness by the owner, is an import-
ant question.)
Scintilla of evidence — Not a spark of evidence.
Sine die (Lat.) — Without day. (Court adjourns .jzW
die ; that is, without fixing a time for convening
again.)
Stare decisis (Lat.) — To rest on decided cases.
Status (Lat.) — The state or condition of a matter.
Sui generis (Lat.) — ■ Of its own kind.
Sui juris (Lat.) — Of his own right.
T.
Tenendum (Lat.) — To hold. (Clause of a deed
relating to the tenure of the land.)
Tort (Fr.) — A wrong; an injury.
Tort-feasor (Fr.) — A wrong-doer.
U.
Usufruct (Lat.) — The use and enjoyment of an
estate or thing.
IVorJs, Definitions and Forms.
22 I
V.
Venire (Lat.) — To come. (In practice refers to a
writ to summon jurors.)
Venue (Lat.) — The place of trial.
Versus (Lat.) — Against. (Used in this, or its abbre-
viated form "vs." in the title of a case between
names of plaintiff and defendant.)
Vi et armis (Lat.) — By force and arms.
Vinculo matrimonii (Lat.) — In the bond of wedlock.
Voucher — In practice, a receipt.
FORMS.
Some forms have been given in preceding chap-
ters, to which reference may readily be made. Those
which follow have been used many years and have
proven satisfactory. In studying them, the synop-
tical transcript, with its divisional and subdivisional
numerals, letters and figures, upon page 172 it scq.
should be used, as the latter correspond to the numer-
als, letters and figures accompanying the following
forms for transcripts and stenographic law reporting :
(I-)
(III.)
(IV.)
3
4
5
6
7
8
9
10
1 1
SUPREME (or oilier) COURT. (II.) FoltoB Couoly.
James Johnson
versus
John Jackson.
This cause came on for trial, at a term
of this court held in and for the Count)-
of Fulton, at the court-house, in the
village of Johnstown, N.Y., on the 19th
day of October, 1S91, before Justice
Putnam and a jury. (If a jury was
waived, substitute " v.ithout a jury.")
222
Practical Court Reportifig.
(V.)
(VI.)
'VII.)
I
2
3
4
5
6
7
8
9
lO
1 1
(VIII.) 12
13
H
15
i6
17
i8
^9
20
21
(a) 22
23
24
25
26
27
28
29
30
31
32
(c)
Johnstown, N. Y.
(Trial commenced, October 25th, 1891, at 9:45 A. m.)
(Action upon a promissory note.)
Appearances :
Job Integrity for plaintiff.
John Deadhead for defendant.
John Dullhead, a juror, having been
duly sworn as to his qualifications,
upon being examined by ^Ir. Integ-
rity, testified as follows :
(Then follow with the testimony of
the juror by question and answer.)
A jury having been duly empanelled
(if a criminal case add " and sworn in
the case ") and the case opened to the
jury on behalf of the plaintiff by Mr.
Integrity, the following proceedings
were had, and the following testimony
introduced :
IX.
John Jenkins, sworn for the plaintiff,
on being examined by (b) Mr. Integ-
rity, testified as follows :
Q. What is your business?
A. Farmer.
Q. Where do you live ?
A. Johnstown.
Q. How long have you lived there?
A. Four years.
Q. Do you know the parties?
A. Yes sir.
Words, Definitions aiui Forms.
223
(d) I
(e)
(f)
4
5
6
7
8
9
10
(g) II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Cross- Examination by Mr. Deadhead.
(T'rocccd as before.)
Re-Direct-Exaniination by Mr. Integrity.
(Proceed as before.)
Re-Cross- Examination by Mr. Deadhead.
(Proceed as before.)
(To show the objections the following
is introduced.)
Q. I believe the deceased told you
that he had paid the claim in
question?
(h) Obj. (or " objected ") to as im-
proper and incompetent under § 829
of the Code, in that it calls for a per-
sonal transaction or communication
between the witness, who is an inter-
ested party, and a deceased person ;
also that it is improper and incompe-
tent as calling for a conclusion ; also
that it is leading.
(i) Plaintiff (or defendant) offered
to show by the witness that, at the
time referred to by the witness, the
deceased admitted that he had never
paid the claim.
(h) Obj. to on the same grounds
urged to the question.
(j) Obj. sustained, the Court re-
marking : " 1 am of opinion that this
testimony is incompetent under sec-
224
Practical Court Reporting.
1 tion 829 of the Code. This witness,
2 it appears, is interested in the result
3 of this case. He is asked to state a
4 conversation had with a deceased per-
5 son, under whom the plaintiff (or de-
6 fendant) claims. I sustain the objec-
7 tion and exclude the evidence upon
8 that ground."
9 (k) Plaintiff (or defendant) excepted.
10 (1) (Adjourned to Oct. 26th, 1891, at 9 A. m.)
I I
12 October 26th, 1891, 9 A. M,
13 im) Plaintiff rested.
14 (n) Defendant moved that the plain-
15 tiff be nonsuited (or that the court
16 direct a verdict for the defendant) upon
17 the following grounds, viz. :
18 I. That the plaintiff has failed to
19 prove a cause of action against the
20 defendant.
21 2. That the undisputed evidence
22 shows, that the note in suit was paid
23 and fully discharged before the com-
24 mencement of this action. (And so
25 on with the subdivisional numbers and
26 grounds.)
27 Motion denied, plaintiff excepting.
28 (Then follows statement that Mr.
29 Deadhead opened the case to the jury
30 on behalf of the defendant.)
31 (o) (The forms for testimony and
32 proceedings on the part of the defend-
I
2
3
4
5
6
7
8
9
lO
II
12
13
14
15
i6
17
i8
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Words, Dijinitions and Forms. 225
ant are the same as on the part of the
plaintiff.)
(p) Defendant rested.
(q) (The testimony contradicting or
explaining defendant's testimony.)
(r) (The testimony contradicting or
explaining last testimony of plaintiff.)
(s) Testimony closed.
(t) Defendant renewed his motion for
a nonsuit (or requested the Court to*di-
rect a verdict) upon the same grounds
stated in the motion made at the close
of the plaintiff's aflfirmative case. Also
upon the further ground that it now ap-
pears, by the undisputed testimony on
the part of the defendant, that the note
in suit was barred by the Statute of Lim-
itations at the time of the commence-
ment of this action, in that no pay-
ments of principal or interest had been
made thereon within six years immedi-
ately preceding the commencement of
this action.
(j) (Ruling, remarks of the Court,
and (k) exception.)
(u) The Court gave the following
charge to the jury :
Gentlemen of the Jury: —
This is an action brought by the plain-
tiff, James Johnson, against the defend-
ant, John Jackson, upon a promissory
note which has been produced upon this
226
Practical Coiwt Reporting.
I
2
3
4
5
6
7
8
9
lO
1 1
12
13
14
15
i6
i8
19
20
21
22
23
24
25
26
27
28
29
30
31
32
trial and which I will read to you : $700,
Johnstown, N. Y,, December ist, 1880.
One year after date for value received,
I promise to pay to the order of James
Johnson, Seven Hundred Dollars, at the
State Sandbank, with interest, John
Jackson. Now, gentlemen, that, upon
its face, is a valid note. In fact, the
defendant does not claim that at its
inception — that is, at the time it was
executed and delivered to the plaintiff —
it was not a good note. But, he comes
into court and says that, while the note,
at the time of delivery, was a perfect
one, given for value received — a valid
note — yet, on account of what has tran-
spired since — or to be more exact, on
account of the omission of the parties,
the plaintiff to enforce payment, and
the defendant to make payment, either
of principal or interest upon the note
for a period of six years previous to
instituting this suit, the plaintiff cannot
recover. In other words, gentlemen,
in the language of the law, he claims
that the note is barred by the Statute
of Limitations. That claim is always
the subject of defense. It is sufficient
for the plaintiff to make out a prima
facie case ; that is to show the execu-
tion and delivery of the note. While
it remains in the possession of the
I
2
3
4
5
6
7
8
9
10
II
12
13
15
i6
i8
19
20
21
22
23
24
25
26
27
28
29
30
31
32
IVonis, Di:Ji nit ions and Forms. 227
payee, or in possession of a person to
whom it has been legally transferred,
there is a presumption of its validity,
so far as the Statute of Limitations is
concerned. Hence, if the defendant
desires to benefit by that statute, he
must allege the necessary facts in his
answer, and prove them upon the trial,
before the plaintiff can be called upon
to answer, contradict or explain it. In
other words, gentlemen, the defense
which the defendant in this case has
set up is an affirmative one, and the
burden of proof is upon him to estab-
lish it. It is a defense that a party
has a right to set up and prove ; and
it is your duty to give it the same con-
sideration as any other legal defense.
Now, gentlemen, what is the evidence
in this case ? (It is customary for the
Court to referto the evidence suflficiently
to show the application of the principles
of law given to the jury, for their gov-
ernment in deciding the case), etc., etc.
(v) The plaintiff took the following
exceptions to the charge and requested
the Court to charge as follows:
I. E.xcepted to that part of the
charge wherein the Court stated in sub-
stance and effect, that, if the jury be-
lieved the testimony of the witness, Im-
morality, it follows, as a necessary infer-
228
Practical Court Reporting.
I
2
3
4
5
6
7
8
9
10
1 1
12
13
14
15
i6
17
i8
19
20
21
22
23
24
25
26
27
28
29
30
31
32
ence that the note is outlawed ; and
asked the Court to charge the jury in
that respect, that they must take into
consideration all the evidence in the
case ; that the burden of proof is upon
the defendant and he must establish his
defense by a preponderance of evidence.
Also that the jury have a right, and it
is their duty, to consider the immoral
character of the witness Immorality,
and that they have a right to entirely
discredit his testimony, if they believe
he has testified falsely.
The Court: Gentlemen : that is so.
I intended to charge that ; but perhaps
did not elaborate it as much as the re-
quest. You will consider all the testi-
mony in the case ; and if you believe
that any witness has sworn falsely, you
are not obliged to believe him, and you
should not. The defendant must prove
his defense by a preponderance of evi-
dence.
Defendant excepted to the whole of
the last charge.
II. Plaintiff excepted to that part of
the charge wherein the Court stated, in
substance and effect, that jurors should
look carefully into cases because, as your
Honor stated, you believe that perjury
is on the increase ; and requested the
Court to charge that as much credit
I
2
3
4
5
6
7
8
9
o
1 1
12
13
H
15
i6
i;
i8
19
20
22
23
24
25
26
27
28
29
30
31
32
Words, Definitions and Forms. 229
should be given to the plaintiff 's as the
defendant's witnesses.
The Court: I refuse to charge
otherwise than I have.
Plaintiff and Defendant both ex-
cepted to the refusal to charge as
requested and to the charge as made.
(The same forms, etc., apply to ex-
ceptions and requests by defendant's
counsel.)
(w) (i) The jury retired in charge of
an officer, the following (2) papers
being submitted to, and taken by, them
to their room by consent of the respec-
tive parties: note in suit ; chattel mort-
gage, plaintiff Exs. A. and C. etc., etc.
(3) The jury were brought into court
whereupon the following proceedings
occurred :
The Court : Gentlemen : I received a
communication from you in which you
informed me that you did not under-
stand my instructions to you in respect
to the Statute of Limitations. All I can
say to you regarding that is (continue
with the further charge of the Court).
(If the plaintiff or defendant except
to the additional charge of the Court,
or make additional requests to charge,
they should be taken.)
The jury again retired for further
deliberation.
230
Practical Court Reporting.
1 11 (4) The jury rendered a verdict for
2 the plaintiff for $841. (^If the jury is
3 polled add " The jury were duly polled
4 by the clerk."
5 (5) Motion for extra allowance of
6 costs granted — 5^ upon verdict.
7 (6) Defendant moved to set aside
8 the verdict and for a new trial upon all
9 the grounds specified in the Code of
10 Civil Procedure (or whatever grounds
1 1 are stated).
12 (7) The Court entertained the mo-
13 tion, and denied the same. Defendant
14 excepted.
15 (8) Stay of 60 days after notice of
16 entry of judgment.
ll'orJs, Dcjinitioiis and Forms. 231
The index may be in the following form after the
title of the court, and names of parties as shown in
above form. (See I, II and III.) ' The abbreviations
" Dr.," " Cr.," " R. D.," " R. C," in the following form
indicate the respective examinations.
INDEX.
Dr. Cr. R. D. R. C.
John Doe i 5 12 22
John Frost 27 31
David Dora 34
Plaintiff Rested. 38
(Continue with defendant's witnesses in same form.)
Defendant Rested, 121
Testimony Closed, 121
Charge of Court, 123
Reported by
John Fastwriter, Sten.,
Shorthandville, N. Y.
" One launched a ship, but she was wrecked at sea ;
" lie built a bridge, but floods have borne it down ;
" He meant much good, none came : strange destiny,
" His corn lies sunk, his bridge bears none to town,
" Yet good he had not meant became his crown ;
" For once at work, when even as nature, free
" From thought of good he was, or of renown
" God took the work for good and let good be."
— Jean Ingelow,
INDEX
TO
THOKNE'S PRACTICAL COURT REPORTING.
Page.
Action (defined) 148
AnVICK AND Scr.GESTIONS RESPECTING:
Arsiiment.s 117. 118
CiindUlate for court reporter. ..26. 27. 2S
Charges l"li, 177
Coiitldence 4fi, 1.V2
Kxanilnatlon of Jurors 47
Fear 46
Industry 177
Interruption of proceedings 8fi. 87
Keep cool 154, l.W
Labor of writing 65. 66
LunitierInK the record 63. 6)
Narrative form 62
Oily-toiiRued attorneys 175, 176
Rapid \vitne.sses 63, 64
Stenographer's habits 1.52
opinion 85, 86
"Throwing ink bottle".. .25, 26, 68, 86
99, 102
Adjournments 107. 108, 131. 1.32
Affirmative (claiming) 52. 5."!
Amanuenses 167, 168, 169, 170, 171
Answer 54
Answers :
DilHculty of taking 85
Illustrating by oblects 86
" bv photographs and
maps UK), 1(11
Appearance (defined) 148
Arocmf.nts:
Digesting 110
Motions, ex parte and contested. ..34, Vi
at close of plaintlfTs case... 100
110
Stenographer should follow 117. US
Who has riosing 115
Attorney OK Record M7, 143
Awakened Court Crier 131. 132
Bar (dellned) 148
Dear Dance 88
Bench (defined) 148
Bills of Particulars.
Page.
55
Calendar:
Calling 3.5, 41
Marking 3i
"Carrying" Matter 25,63, 123
Case (defined) 148
Cause (defined) 148
Charge:
Defined, explained, etc 119-126
Exceptions to, and requests to,,.. 124-126
Of the "Lightning Judge" 122, 123
Clerk (defined) 148
Common Law Practice 55
Context 25, 64, 83, 165, 166, 169
Contested Will Cases :
Citation 142, 143
Cross-examination in 144
Definition of parties to 143
Executor 142
In general 142-146
Issues in 143
Oblectlons to will 143
Petition for probate 142
Proceedings in 142, 146
Transcripts in 144
Complaint .54
Costs (extra allowance) 130, 131
Cross-Examination :
How indicated 90, 153
In contested will cases 141
Nature and object 88, 89
Of party's own witness 89
yuestlo'iis for contradiction 90, 91
Repudiated answers upon 93, 94
Scope 88
Counsel :
Defined 14R
How seated at trial 41
Summing up 115
Courts:
Circuit 12, 13
Clftssitlcation 12. 13, 14, 15, 133
234
Index.
Page.
Courts — Continued :
Common Pleas 133, HI
County 133, 134
Court of Appeals 13
Dav in 29-37. 38-55, ;*-95, 96-132
General Terms 12.13.14, 15
Jurisdiction 12, l.i, 14,133, 134
Not of record U
Of record 11, 133
•■ probate 133, 1.34
" sessions 13.3, 134
Special terms I2, 13. 14, 15
Stenograptiy. use ill 9,1", 11
Stenographer for county 135
Supreme 12, 13, 14, 15
Surrogates' 1.33, 141
United States 149
Day im Court 29-37, 38-55, 56-95. 96-132
Decisions Respecting Stenographers:
Legal status of stenographer 201
May require pre-pavnieiit of fees..2n2. 203
Minutes of, who entitled to 201. 202
Slust make actual count of folios..202, 203
Order necessary for certain
transcripts 204, 203
Who liable for fees 201, 202
Depositions 101-103
DfFlNITIONS. ETC 147-148. 212-221
Dictation or Notes:
Dangers of W7. IfiS
In general 167,168. 169
DlKECT-ESAMINATIOX :
Before grand lury 138
Detined. object, scope, etc. . etc. ..59. 60
89. 90. 102
Distinctions 99, 120, 158
Evidence: ,^„ ,,,
Different from testimony 120, \i\
Papers and objects offered in 96-99
Preponderance of 121
Exceptions :
Diver.sitv of language of. 80
Generally 32, 78, 79, 80
History of ■.■■• ^°
Necessity of taking '9, 80
Stipulations respecting 81
To charge of Court 124-126
" denial of motion 130
fxr BITS *
Defined and explained..7.5, 96-101, 103-105
Submitted to Jury 1'28
FXPEDIENTS :
Temporary Mem. sheet.. .43, 44, 49, .W
" Tricks of the trade " 63, 64, 66
Various 91, 92, 93
Forms Respecting:
Adjournments 107, 224
Answers, illustrated 86
repudiated 93, 94
Appearances 222
Challenged jurors • 44
Charge of Court to Jury...225, 226, 227, 228
Cross-examination 90, 223
Direct-examination ■••••• 222
Defendant rests 111. 226
Depositions '03
Page.
Forms Respecting — Continued ;
Examination of challenged jurors 47
Exceptions 81, 125, 126,224, 230
Exceotions to charge 227. 228. 229
Exhibits, etc., marking 96, 97
Date of trial '222
Gestures 08. 69, 70, 86
Grandjury 1.3,8. 139. 140
Holdings bv Court 76.77. 114, 115
Index for transcripts 174. 230. 231
Inquests 39, 40. 41
Jurors 222
Jury 222, 229
Motions 11", 111,224.22.5, 230
Narrative form 6(j, 61
Numbering note-book or sheets 51
Objections :
digesting 73
exhibits 97
generallv 71. 72.73,74. 223
rulings upon 76, 78. 223. 224
waived f5
OflTers to prove or show 75, 78. 223
Place of trial -.222
Plaintiff rests _ 109. 224
Opening case 172, 224
Prelimiuary entries 221
Questions;
by the Court 66
'■ challenged Jurors 48, 49
" Jurors 67
repeated 65
Re-cross-examination 222
Re-direct-examination 222
Remarks of Court 77
Requests, etc., to charge 12.5, 228. 229
The trial. ...39, 40, 41, 42, 44. 47. 48, 50, 51
60. 61 , 65. 66, 68. 69. 70, 71 , 72
73. 74, 75, 77, 78, ii>, 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' an<l probate courts.. Ml, \Vl
JUBT •
CallinK II
Challenciiig 12-46
riiarRe to llH-126
Coiiiiidsltion of 42
Kxaniination of 47-50
Grand .'5.1,34, 137-141
Petit .'U
Polling 120
Reading testimony to 128
Retiring to deliberate 120, 128, 129
.IiRY-RoOM ; 120-128
Ladies (in court) 25
Law Suit < defined) 148
Lingual UvMNASTics 71
Li.st:
Of natural liuv phrases 159. 100
Of frequent-occurring words 206-212
Of Latin, French ami ntlvr legal
terms 212-221
" Lumbering" the Record «S. 0(, 84
Mixture, a 133-148
Motions :
Argnmentof. 34,. '55, 109. 110
At close of testltnonv 114
Contested 34
Detined 31, 35
Ex parte 34, 3.'5
Forms respecting 110, ill
Fordismlssal of action 51, f>2
" " 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 <lirect 32
Proceedingsof grand Jurv 13S-140
Rulings upon motions 129. 130
Statute respecting 32
Witness :
Affirmed 58
Answers the question 83
Befogged, the 82
Difficulty in taking answers of. 85
Examination of. -57
direct .59.60.88. 90
cross 88.89.90. 91
Expert 144. 145
Gestures of 68. 69. 70. 85. 86
Illustrating answers 86
Impeaching 62
Name of. 41,58. 91
" Indexing S8
Pleasantries of. 84, 85
Preliminary questions to 60
Questions to 81
Rapid 63, 64
Reading question to 22, 82, 91
Rural, the 84, 85
Stopping 25. 26, 68, 69. 86
Sworn - 57
Talk between, and counsel not
t;iken 83, 84
Testimonv of foreign 101
"Throwing ink bottle" at 25. 26. 68
69. 86
Vindictive, the 85
Uncertain, the 68. 69
Words, Definitions and Forms. ...206-232
Words :
Frequent-occurring 206-212
Wrecked Outlines :
Repairing 152, 156
THE AMERICAN SYSTEM OF SHORTHAND.
CATALOG OF
Phonographic Works
BV
BENN PITMAN and JEROME R. HOWARD.
PUBI,ISIIT BY
THE PHONOGRAPHIC INSTITUTE COMPANY,
CINCINNATI, O.
There is no question whatever of the truth cf the statement that
the Benn Pitman System is more generally used than any other
in this country ; at least this would appear to be true, from the reports
made to this ]5ureau of various institutions teaching shorthand. — Hon.
IF. T Harris, Commissioner of Education {^Washington , D. C),
N'ovember ig, iSqS.
The following is a graphic summary of the Table of Statistics on
the Teaching of Shorthand in the United States, in the Bureau of
Education Circular of Information No. i, 1893, pages, 40 to 141 :
^^^^^^^^^^^^^^^^^^^^^^^ f Denn Pitman, 747 teachers,
t 347 fo.
Ciraham, 363 teachers, 16.8 c/q.
a Llunson, 228 teachers, 10.6 ^.
Cross, 185 teachers, 8.6 f;f.
I--aac Pitman, 143 teachers, 6.7 ^.
^^™ Lindsley, 81 teachers, 3.7 ^jc.
— Pernin, 64 teachers, 2.5 %.
— Scott-Browne, 52 teachers, 2.4 (fg.
— Longley, 52 teachers, 2.4 (f^.
^ McKee, 36 teachers, 1.6 ^f.
^ Pitman (unspecified), 35 teachers, 1.6 <fo'
■- Moran, 30 teachers, 1.39^.
— Sloan-Du])loyan, 24 teachers, 1. 1 f^.
Besides 38 others, each being less than i ^.
To supply the increasing demand for stenographers, schools of short-
hand and typewriting have been establisht in various parts of the coun-
try, and with few exceptions, all business colleges now have a "depart-
ment of shorthand." A number of systems are taught, but that of
Benn Pitman is more generally used than any other in this
country and may be called the "American System." — Rcp^^rt of
the Commissioner of Education, for jSSySS, />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. <The
Legend of Sleepy Hollow, by Washington Irving; 5. Rab and His Friends, and
Our Dogs, by Dr. John Brown; 6. Dreams, by Olive Schreiner ; 7. Rappaccini's
Daughter, by Nathaniel Hawthorne; 8. The Masque of the Red Death, and
Other Tales, by Edgar Allan Poe ; 9. The Corvette "Claymore," by Victor
Hugo; 10. Two Ghost Stories, and A Child's Dream of a Star, by Charles
Dickens; 11. Tales from Shakespeare (The Tempest, The Winter's Tale), by
Charles and Mary Lamb; 12. <The Man Without a Country, by Edward
Everett Hale.
6
Second Sen'ts.
No. 13. The Tattler's Court, by Joseph Addison; 14. Jackanapes, by Julians
Horatia Ewing ; 15. Theseus, by Charles Kingsley ; 16. The King of the Golden
River, by John Ruskiii; 17. Pax Vobiscum, by Henry Drummond ; 18. The
Marquis Jeanne Hyacinthe de St. Palaye, by J. H. Shorthouse ; 19. The Specter
Bridegroom, and The Devil and Tom Walker, by WashinKtnn Irving; 20. The
Study of the Law, by Timothy Walker; 21. Marjorie Fleming, by Dr. John
Brown; 22. I'he Sons of Philemon, by Gertrude Hall; 23. Dream Life and Real
Life, by Olive Schreiner ; 24. The Lost Arts, and (.Jther Addresses, by Wendell
Phillips.
Phonographic Stationery.
Reporting Paper, per ([iiire, 6 cents, postpaid II
Per ream, jgl-OO; five rtains, $4.50, sent by express at purchaser's
charge. In ordering, specify wlietlier single or double-line paper is
wanted, and whether for pen or pencil.
Learner's Paper, wide double lines, like the ruling of the Phonographic
Copy- Book. Can be used with either pen or pencil, per quire, 6 cents,
postpaid II
In quantity, same prices as Reporting Paper.
Reporting Case. \ leather cover adapted to holding one or two quires
of reporting pajier, which can be removed when used and the case
replenisiit. Indispensable when the reporter, having no table, is
obliged to rest his paper on his knees.
Sheep I 00
Morocco I 50
The "Phonographic Institute" Note Book. 200 pages, 4}^ x 8^
inches, pen or pencil jiaper, single or double line, as ordered. Boards,
Each, 15 cents, postpaid 25
Per dozen I 50
When more than three note books are ordered, they will be sent by
express, at purchaser's charge, unless otherwise directed.
The "New Legal" Note Book. 100 pages, 5^x8^ double col-
umn, pen or pencil paper, single or double ruled. Tag-board covers,
bound with tape so as to open flat. Each, 10 cents, postpaid.... 18
Per dozen i 00
WTien more than six legal note books are ordered, they will be sent
by express, at purchaser's charge, unless otherwise directed.
The "Phonographic Institute" Steel Pen, expressly manufactured
for us for phonographic writing and reporting. These pens have
especially fine, smooth points, and pleasant, unifomi action. The
peculiar shape is such that a great deal of ink is held by the yea with-
7
out danger of dropping, thus reducing to a minimum the frequency of
dipping the pen.
No. I, fine points.
No. 1, medium points.
No. 3, coarse points.
Per dozen, lo cents ; per gross i cxd
The "Phonographic Institute" Lead Pencil (actual diameter
shown in cut), made expressly for us, with the finest grade of black,
tough lead, and especially recommended for phonographer's use.
Per dozen, 50 cents ; per gross 5 00
Phonographic Tracts
No.
For distribution by teachers and others.
What They Say about Phonography — Opinions of Fifty Eminent
Men and Journals.
2. Some Reasons why You should Learn Phonography.
3. Can Phonography be Self-Taught ?
4. The Long Gains of Shorthand.
5. Phonography in the Public Schools.
6. Shorthand for Clergymen.
7. Modifications of Phonography — Wise and Otherwise.
8. Points of Difference between the Benn Pitman anu :he Present
English Style of Phonography.
9. What Official Reporters Say about the Benn Pitman System.
10. The Educational Value of Shorthand.
11. What Some Leading Schools and Colleges Say about the Benn
Pitman System.
Each, per 100, 10 cents ; per thousand, 75 cents ; with imprint, I 00
Copies of this Catalog, for distribution, free.
The works herein described are for sale by all booksellers, or will be
forwarded by us, postpaid (except when postage charges are given),
on receipt of the prices specified. Safe delivery by mail is guaran-
teed only when order is accompanied by eight cents additional for
registration fee. No goods will be sent by express C. O. D. unless
order is accompanied by at least one-fourth of the price, to insure
payment of charges. Sample pages of any publication will be sent
to teachers on request.
Teachers of Phonography and Booksellers supplied at a liberal discount.
All orders fnust be accompanied by a refnittance. Send post-office fJioney
order, express money order. New York or Cincinnati draft.
N. B. — Local checks will not be accepted.
Address, THE PHONOGRAPHIC INSTITUTE COMPANY,
Cincinnati, O
8
UNIVERSITY OF CALIFORNIA LIBRARY
Los Angeles
This book is DUE on the last date stamped below.
Form L9 — 15m-10,'48(B1039)444
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