THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE GREGG REPORTER BY JOHN ROBERT GREGG 1909 THE GREGG PUBLISHING COMPANY NEW YORK CHICAGO Copyright, 1909, by John R. Gregg. T CONTENTS PART ONE Page Preface V Court Reporting By W. E. McDermut 1 Pithy Pointers: Preparation for a Case; Proper Names; Repeti- tion ; Explanatory Words ; Size of Notes ; Ma- terials; Q's and A's; Marking Exhibits; What to Read ; Making Captions ; Where to Practice ; Some Good Suggestions ; Interrupting a Witness ; Securing Appointment 10 The Judge's Charge By W. E. H. Searcy 20 Official Reporters ' Qualifications By H. W. Thorne 22 Dictation Machines and Court Reporting By James E. Munson 26 The Work of the Court Reporter By Charles Currier Beale 31 Methods of Furnishing Daily Copy By Frank IT. Burt 35 Reporting the National Conventions By G. Russell Leonard 42 Indexing Notes 47 Law Forms 48 Table of Rates Paid Court Reporters 49 Helpful Books 50 448574 7 // / (, A' / G C RE P O R T I- R PART TWO Special Word Forms 53 Word and Phrase .Modifications .V> Figures, Etc (>"> Short hand Numerals, Etc 67 Encircling Outlines, Etc 69 Points of the Compass, Etc 70 Special Phrases 72 List of Phrases 74 Plates of Testimony: Court Testimony Exercise on Phrases its Testimony in Life Insurance Investigation 10.") Key to Plates 107 PREFACE OR some time there has been a well-defined de- mand for more literature relating to court report- ing and especially having reference to the Gregg system. As time has gone on this demand has be- come more and more insistent, until I have been obliged to lay aside matters of considerable importance in order to prepare this book. There is a dearth of helpful literature in permanent form dealing with the technical features of court report- ing. In the shorthand magazines and in the proceedings of the Reporters' Associations there have appeared from time to time brief articles explaining the duties of the court reporter, but in book form there is absolutely noth- ing of value dealing with the technical or shorthand part of the work. Commenting on this in the Typewriter and Phonographic World, an experienced court reporter says : I have been a student of shorthand since I was a small boy, have looked Into quite a number of text-books in quite a number of different systems, read many shorthand periodicals, made " pot hooks" for a living- for the past six or eight years, and for the past year have been holding down with more or less success a position as official court stenographer. During all of this time I have been impressed with the scarcity of shorthand literature directed to the training of court stenographers. I know of but one book upon the shorthand part of the subject, and that, while exceedingly helpful, makes no pretense of being exhaustive. There are excellent works on phrasing, but their scope is general. The dictionaries contain exhaustive lists of phrases, but it is a heart- breaking task to dig from the text-books and dictionaries the particular phrases suited' to court use. Of course, a thorough knowledge of the principles of phrasing will enable a careful student to work out his own salvation in time; but it seems to me that an interchange of actual experiences and expedients which experienced court reporters have found useful through the col- THE GREGG REPORTER uinns of the World would be of inestimable value to the beginner In that brancli of the art, and even the old veteran might be able to get Ideas that would lessen the burdens of his old age. This book is divided into two parts : Part One is intended to be a succinct explanation of the duties of the court reporter, supplemented by suggestions condensed from numerous articles that have appeared on the subject in shorthand magazines. This portion of the work is not exhaustive, and is not intended to take the place of that admirable book, "Practical Court Report- ing," by H. W. Thorne, which we commend to every one who desires to become a reporter. It does, however, pre- sent the essential features of court reporting in a concise, helpful way, and we believe that the suggestions given will be of value to stenographers desirous of familiarizing themselves with the duties of the court reporter. But, as has been well said by Mr. W. H. Luzenberg, "The only place to learn how to swim is in the water, and the best place to learn court reporting is by practicing in court after the shorthand foundation is laid." Part Two is the most important portion of this book, containing as it does the most comprehensive and prac- tical list of shorthand forms for law terms and court re- porting phrases that has so far appeared in any system of shorthand. Those features of Gregg Shorthand which have gained for the system its widespread diffusion and popularity render it peculiarly adapted for difficult and technical re- porting. The absence of distinctions of meaning between characters written light and the same characters written heavy, between characters written on the line and the same characters written above, through, or below the line, between a hook written small and the same hook written large, between characters of four or more different THE GREGG REPORTER lengths, between vertical and slanting characters the absence of these and many other fine distinctions,- so diffi- cult to observe under the pressure of rapid note-taking, is nowhere of more importance than in court reporting where liberty, property, and even life itself, often depend upon the accuracy of the report. The marvelous powers of condensation and the easy natural phrasing power of the system so well recognized and so easily demonstrable in the everyday work of com- mercial correspondence are even greater when applied to law terms and especially to testimony. Since I began the preparation of this book I have noted with much pleasure a great increase in the number of writers of Gregg Shorthand who have secured appoint- ments as official reporters. In addition to those holding official positions, several young writers of the system have recently established themselves in the independent report- ing business, in Chicago and elsewhere, with most gratify- ing success. I sincerely hope this book will be of assistance to those who are already reporters, as well as to the many writers of the system who are ambitious to become reporters. It would give me pleasure to assist writers of the system by advice and suggestions, and I hope to hear from many of the readers of this book. In sending forth this book, I wish to express my ap- preciation of the assistance given me by court reporters and expert writers in preparing it especially in compiling the list of phrase forms and to Miss Lilian M. Belfield for the remarkable fidelity and artistic skill with which she has written the illustrative shorthand cuts and plates. JOHN ROBERT GREGG. New York, June, 1909. PART ONE COURT REPORTING By W. E. McDermut (Reprinted from The Gregg- Writer) QUALIFICATIONS ERTAIN mental and physical qualifications are necessary in order to fit one to be a successful court and general reporter. The physical strain is so great that only persons with good health and strong constitutions should undertake the work; in fact, only such persons stay at it very long. The higher class of work may be compared to that of a musician always playing difficult music at sight ; and any one can imagine how exhausting such effort must be when continued for three to five hours at a sitting. Without a good education and a general knowledge of the world, the work will never be satisfactory, either to the reporter or to the public. No knowledge or experi- ence will come amiss in the work of the reporter. In order of importance I should place, first, a thorough mastery of the language, with an extensive acquaintance with the oddities of expression peculiar to various classes of people ; second, a wide acquaintance with literature and history; third, a smattering of many sciences and arts, especially familiarity with their terminology ; fourth, a good working knowledge of at least a few of the leading sciences, especially medicine and mechanics ; fifth, a wide reading in the fundamentals of the law. THE GREGG REPORTER of ;i mechanical trade will be very valuable in reporting; testimony of mechanical experts; a knowl- edge of bookkeeping will make the work of reporting ac- countants easier; a familiarity with machinery and physics will enable one to understand scientific experts. It is a singular fact that few court reporters receive their training in the shorthand schools; not that the schools cannot give them a good start, but circumstances have been such that the writers have generally drifted into the business in various ways independently of the schools. Whether the writer has gone through a school or studied by himself he should, if possible, serve an ap- prenticeship with some first-class court reporter, improv- ing every opportunity to increase his knowledge and technical capacity. While it is well to begin young, there are few who can be regarded as fully competent court and general reporters under the age of thirty years. In addition to these requirements, integrity, fidelity, sobriety and indiistry are essential factors in a successful career as a shorthand reporter. Those who cannot come up to the standard above outlined should keep out of the business. SPEED REQUIREMENTS Having the personal qualifications, the student should remember that as shorthand is the tool with which he is all the time working, he should strive to obtain a more and more complete mastery of the art. It is estimated by many old reporters that within their experience the av- eniLre requirement in reporting capacity has increased be- tween twenty-five and fifty words a minute. The rush incident to modern business methods will not tend to reduce the rate of speaking in the future. As the THE GREGG REPORTER requirements will be more severe, it is certain that the re- porters of the future must be superior to those of the present. The rate of speed, of course, varies according to the character of the matter. Simple, idiomatic language is spoken more rapidly than technical exposition or digni- fied discourse. Moreover, after a spurt of broken English or indistinct utterance time will be lost in untangling the sense, and the writer must have a possible speed that will enable him to catch up. This requires the most perfect mastery of the writer's system. The better the condition of your tools, the easier and more certain will be your work. If possible your methods and system of writing should be so perfect that another writer may, in case of emergency, be able to dictate from your notes. Therefore, whatever system of shorthand you write, write it scientifically. PEN OR PENCIL There is a diversity of custom as to the use of pen and pencil. If you have an official position, with a table where you regularly work, there are many reasons for using a pen ; not merely a fountain, but a steel pen. The act of dipping for ink, if done habitually at every pause or op- portunity, will usually keep the pen loaded, while the execution (with a proper combination of pen, ink and paper) is so superior and the manipulation so much easier that the advantages derived are very important. If this combination cannot be secured, a good fountain pen or a good pencil just suited to the writer's hand and to the paper may be used, according to the deliberate preference of the writer. "Where the writing must be done under unfavorable conditions a pencil will generally be found more serviceable. The table or desk and the chair should be heavy and THE GREGG REPORTER firm, and the surface of the table should be flat. A small, solid chair is better than a large one or one that swings. THE REPORTER'S PLACE By all means insist on a location where you can see and hear at least as well as any person in the room. Never allow your back to be toward the speaker for any con- siderable time. The reporter is to "be seen and not heard," and he should never "take a back seat" for any- body. In the courts in the large cities there are so many disadvantages in the way of noise, confusion, haste, care- lessness and broken English, that even the most perfect location will still leave the writer laboring under many difficulties. PROPER NAMES Learn to write proper names in shorthand. A legible shorthand outline is much better than a name written illegibly in longhand. "Browne," in shorthand, with a longhand "e" to show the peculiarity of spelling, is better than the name written out in full. If necessaiy, break long and composite names into sec- tiofts; this will preserve the identity of the parts of the words and prevent the hand from getting beyond control. Never lose a firm grasp on the sense of what you are reporting and its bearing on the whole case. Many a jumble of sounds may be interpreted in words or phrases sounding the same but having directly the contrary meaning, and only a clear comprehension of the subject will prevent the reporter from sometimes making non- sense, especially after a rapid spurt. Keep up with the speaker as closely as possible without interrupting a thorough understanding, so as to secure the best outlines and phrases; yet it is highly important THE GREGG REPORTER to cultivate the power of carrying long passages in the memory, as this will enable the writer to make up for the cases of lost time that now and then occur. IN THE COURTROOM A law court is somewhat like a debating society ; one side maintains the affirmative of a proposition, the other side the negative. There is this difference, however, that an evenly balanced presentation of the two sides in a de- bate would leave the question undecided, while in a law- suit the negative side wins unless the affirmative produces the greater weight of evidence. In a lawsuit one side (the State, or a corporation, or a person, under the name of the People, plaintiff, com- plainant, petitioner, etc.) brings an accusation charging a person or corporation with a crime, injury or threatened injury, as the case may be. THE PLEADING The various papers by means of which the case is finally prepared for trial are called pleadings, and consist of indictment, complaint (or declaration), answer, reply or replication, rejoinder and surrejoinder, and some others, together with possible demurrers by either side at any stage of the preparation of the case. The essential points on which a case turns are called the issues. After the issues are settled the case goes to trial, and generally before a jury. THE JURY The persons called on the jury are examined by both sides to determine their fitness to serve. Either side may arbitrarily ("peremptorily") reject a certain number, and if just cause exist in the case of others, any number may be "challenged" and excluded. 6 THE GREGG REPORTER It is the province of the judge ("the court," as he is usually called) to determine in this, as in all other cases. whether the objection is well founded, and either side not satisfied with the action of the court in this or any other ruling may take what is called an "exception," to be passed upon later by a higher court in case of appeal. After the jury is selected the members are sworn to try the case. Usually the attorneys on both sides then make opening statements briefly outlining the evidence they expect to offer.* Up to this point the reporter may or may not make a full report of all that transpires, depending on custom or special request. THE EVIDENCE Next the evidence for the plaintiff is introduced, and, of course, must be fully reported. Evidence may consist of oral testimony, or of books, papers, depositions or other documents. Frequently evidence offered or questions asked may be objected to; the court rules on the objec- tion, admitting or refusing the evidence, in either of which events it is usual for the dissatisfied party to take an exception. At the close of the plaintiff's or the State's evidence, as the case may be, the plaintiff's attorney or the prosecutor announces, "The plaintiff rests," "This is our case," "The State rests," or something equivalent. The defend- *In this opening the reporter should carefully note every date and every material point that is made, not to go into his report, but for himself. In this way he acquaints himself with what the plaintiff's or State's case will be. In civil cases the defendant generally makes his statement next, showing 1 what he exports to prove. In criminal cases the defendant generally waits until the plaintiff's case is ended before he states his case. In like manner note the points of the defendant. W. E. H. Searcy. THE GREGG REPORTER ant follows with his defense and, after he has rested, the plaintiff puts in additional evidence called "rebuttal," sometimes followed by additional evidence for the de- fendant, called " surrebuttal. " In case documents are offered in evidence they should be briefly described in the notes and marked with some letters or numbers, the date and the reporter's initials, for future identification, and their introduction or offer noted. Sometimes the reporter is required to take down the papers as they are read. Unless the reading is done very carefully, the reporter should compare his transcript with the original documents, as the reporting of matter that is read to a jury is very difficult, few people being able to read a paper in a manner perfectly satisfactory from a reporter's standpoint. CLOSING ARGUMENTS The arguments of counsel follow the evidence, the prosecutor opening, the defense answering, and the pros- ecution closing with a short resume. The judge then in- structs the jury as to the law the jurors themselves being the sole judges of the facts. It is extremely important that the charge of the court even though it be written, should be reported with the minutest accuracy. "With the retirement of the jury the reporter's duty in that case ends. Often, however, he is called upon to do collateral work, such as reporting motions for new trials, and taking depositions, the latter being, in many ways, similar to court work, though on a minor scale. Attorneys are more than formerly in the habit of dictating pleadings and legal papers to stenographers, although generally this work is dictated to office stenographers. THE GREGG REPORTER MOTION FOR A NEW TRIAL After a trial the defeated party usually makes a motion for a new trial, which may either be granted, and the trial gone through with again, or may be overruled, in which case an appeal is often taken to a higher court, for which purpose the record must be written up. Sometimes in large or important cases the record is written up from day to day without waiting for an appeal. In such cases sev- eral reporters are required, according to the rapidity with which the work must be turned out. But otherwise the official reporter alone usually lakes 1h<> case all the way through. There is an advantage in the latter method, as it gives the reporter a more thorough knowledge of the case and makes his work easier and more certain, since better work can always be done when the reporter under- stands the case. DAILY COPY In case of what is called "daily copy," the reporter must dictate his notes to a typewriter operator, and in case of a great rush the notes are dictated to two op- erators at one time. This requires the highest degree of legibility in the notes. It is important to a reporter out- side of a large city that he be a good typewriter operator. A first-class machine, kept in perfect condition, and a thorough mastery of the machine, are worth all they may cost, and are second in importance only to first-class shorthand ability. THE SHORTHAND NOTES A thorough mastery of the shorthand system enables the writer to make use of the best legitimate devices for securing additional speed and legibility. Shorthand is a method of abbreviating along lines familiar to the long- THE GREGG REPORTER 9 hand writer. The books contain the most useful abbre- viations for ordinary work. By utilizing these principles of abbreviation the careful and intelligent writer may adapt special abbreviations to particular kinds of work. Often a case in which a number of long or awkward outlines are presented may be made easy to report by adopting temporary abbreviations which for the time being may be more legible than the outlines written in full. This applies particularly to proper names and pe- culiar terms. The writer also need not be afraid to make use of bold phrasing devices, provided they actually con- tribute to speed and legibility and are felt to be necessary. The secret of legibility is securing outlines which under rapid motion will not degenerate into forms resembling others that might be used in the same connection. Gen- erally two outlines representing words belonging to dif- ferent parts of speech will not conflict. The aim at all times should be to obtain characteristic and facile forms. PITHY POINTERS Preparation for a Case Learn in advance as much as you can about the case you are to report. Get the title of the case, name of the judge, and the names of the attorneys representing the various parties to the suit. If you find that the trial re- lates to some technical subject or business, it is well to prepare for it by "reading up" on the subject and prac- ticing the forms for the difficult or technical words. Proper Names Be sure to get the correct spelling of all names. If necessary, write the name in longhand the first time it oc- curs, but thereafter it should be written in shorthand. It is well to practice writing names in shorthand. In writing the names of witnesses, be sure to note whether they an- called on behalf of plaintiff or defendant, by writing in shorthand after the name "for plaintiff" or "for de- fendant." Do not write "Mr." in taking notes, but, of course, supply it when transcribing. When a witness lias been sworn put down his name on a memorandum sheet, together with the number of the sheet, or page, of your note-book on which his testimony begins. Then, when oc- casion arises during the proceedings to look up the evi- dence, you will not have to go through one or two note- books for the testimony of that particular witness. Repetition Very often a witness in answering will repeat the ques- tion, anfd when this is done indicate the repetition by THE GREGG REPORTER 11 writing 1 the ordinary ditto marks, which do not represent anything in shorthand. Explanatory Words In reporting testimony, where explanatory words are added by the reporter, the words so added should always be placed in parenthesis. Examples : Q. Did you ever see this (handing paper to the witness) ? Q. How long was it? A. It was about as long as that (pointing to the courtroom table). Size of Notes An accomplished reporter, writing on this subject, says: "Acquire the habit of writing neatly and compactly. This conduces to speed. Large sprawling outlines have the opposite tendency." The argument that small characters produce a cramped action of the hand, and hence result in loss of speed, while a large, free, swinging style carries the writer for- ward with "leaps and bounds," thereby enhancing speed, was effectually controverted a quarter of a century ago. The faster the speed, the larger the characters written, will be admitted by experienced reporters. They will also allege that the cultivation of a small style will counter- balance the impulse to "spread out" under pressure. Materials Always use good materials note-book of the best qual- ity with marginal ruling, a good fountain pen, and the very best pencils. Mr. A. C. Van Sant says: "Every court reporter should have two good fountain pens and see to it that they are kept well filled and properly cleaned and cared for, that they may be depended upon. As a further precaution he should have several sharpened* pen- 12 THE. GREGG REPORTER cils of good quality, so tluit should the pens fail, he may have the pencils to fall back upon." Q's and A's The vertical line down the left-hand margin of the note- book distinguishes the question from the answer. The question should begin to the left of the vertical line ; the answer should always be written to the right. It is per- missible to begin the answer on the same line on which the question ends if a well defined space can be left be- tween the question and answer. If a witness asks a question of counsel (for instance, when he does not understand a question and asks for ex- planation), the question should be treated as though it were an answer; and in the same way a remark by the counsel, even if not a question, should be treated as though it were, and placed before the vertical line. In other words, all that the counsel says should begin to the left of the marginal line, and all that the witness says should begin to the right. Marking Exhibits All exhibits introduced during the trial should be marked by the reporter in some distinctive way. Various methods of marking are used. Some reporters mark the exhibits introduced by the plaintiff alphabetically and those introduced by the defendant with numerals: thus, those introduced by plaintiff would be marked "Ex. A." "Ex. B," etc., and those introduced by the defendant "Ex. 1," "Ex. 2," etc. What to Read On this subject Mr. W. H. Luzenberg says: "After a speed of reasonable rapidity is acquired (the speed most States require is one hundred and fifty words per minute), THE GREGG REPORTER 13 the coming court reporter will find that it will be of ma- terial benefit to him to read several volumes of the His- tory of England, and to study carefully Greenleaf on Evi- dence. If the stenographer is very anxious to report cases for a livelihood he will sometimes be called on to re- port cases in the United States Courts, and if he will read Kent's Commentaries on International Law, he will find his work much easier." Mr. H. W. Thorne gives the following advice in his ad- mirable book, "Practical Court Reporting": "Read Par- sons on Contracts, Addison on Torts, Bishop's Criminal Law, Baylies' Trial Practice, The Codes of Procedure, not omitting some good works on evidence. The commen- taries of that great jurist, Blackstone, may be added to this list. But unless the law student intends to fit himself for the practice of law, he will save much time by omit- ting the latter." Another expert reporter, Mr. W. B. Bottome, gives this advice: "If the reporter is not a lawyer he should give as much time to the study of law as possible, and read Blackstone, Kent, and other standard books. This will not only make him understand the legal questions arising in the trial of cases, but will make him familiar with legal terms and expressions. It would be well to practice pages from law books, the reports of trials, and legal papers, such as complaints, answers, deeds, bonds, mortgages and contracts. If it is known beforehand that the subject- matter of a trial is to be exceptionally difficult or tech- nical, it is a good plan to obtain and read literature upon that subject and practice writing the more difficult or un- usual words." Mr. P. J. Sweeney, in making some suggestions to law stenographers, said: "Ewell's 'Medical Jurisprudence,' or any good work U r II E GREGG REPORTER on that subject, will be of great aid to a stenographer preparing for the reporting of inquests, autopsies, etc. On the study of evidence, the first volume of Greenleaf On Evidence is heartily recommended. Stephen's 'Digest of Evidence' is another good work. Andrew's 'American Law,' or AValker's 'Principles of American Law,' will give a good general idea of the laws of this country." Making Captions From a paper read before a shorthand teachers' insti- tute by the well-known teacher and reporter, Mr. A. C. Van Sant, we quote the following explanation in regard to typewriting headings and indexing: "The first testimony given by a witness is the direct testimony. In writing it out on the typewriter, the words 'Direct Examination' should be written in capitals, in the center of the page, and the name of the examining at- torney and witness should appear as shown on the printed charts. "After the completion of the direct testimony, and the witness is excused by the attorney for the plaintiff, the defense has a right to make a cross-examination. \Vhen that is reached, the words 'Cross-Examination' should be placed in the center of the sheet, and the name of the cross-examining attorney should appear. "After the completion of the cross-examination the at- torney for the plaintiff has a right to a re-direct examina- tion of the witness on new points that may have been brought out at the cross-exam i nation. It sometimes hap- pens that there will be other re-direct and other re-cross examinations. In such case it is well to number the first 'Re-direct Examination No. 1,' 'Re-Cross Examination No. 1,' and give a different number to each re-cross and THE GREGG REPORTER 15 re-direct examination. All objections, rulings and ex- ceptions must be carefully noted. ''When the record is completed an index should be made giving the title of the case, the names of the attor- neys on each side, and which shows the number of the page of the testimony of each witness in direct, re-direct, cross and re-cross examinations. This index enables law- yers, judge, or whoever may be interested, to turn to the testimony of any particular witness." Where to Practice On this subject we cannot do better than quote the ad- vice given by Mr. W. H. Luzenberg, of New Orleans : "The only place to learn how to swim is in the water, and therefore the best place to learn court reporting is by practicing in court after the shorthand foundation is laid, and if the would-be court reporter will procure a letter of introduction to the Judge, and ask his permission to sit at the Court Reporter's table, he will generally receive per- mission ; but if for good reason his request is refused he can readily obtain permission to take a seat in the spec- tators' seats and take notes. ''Let him secure an introduction to the official stenog- rapher and try to do all that he can to help him. In time he will reap the benefit of his efforts and be ready to act as assistant some morning when the court reporter is too crowded with work to feel like doing without his aid." Some Good Suggestions The following letter from Marion Harland's column in the Chicago Daily News contains some good advice : "In reply to the inquiry from the law stenographer as to the best method of obtaining a knowledge of law, allow 16 THE GREGG REPORTER me to submit the following, as the result of four years' teaching and daily work in a law office : "I should advise the ambitious la\v stenographer to make shorthand copies of legal papers; especially deeds, mortgages, affidavits, leases, contracts, bills of sale, re- leases and assignments. She will find a case of such files in the office. She should also familiarize herself with land descriptions and testimony. From any good work on plead- ing and practice, which she will find on the bookshelves, let her make copies of chancery proceedings, bills and de- crees. Puterbaugh's 'Pleading and Practice' is good. Write out notes on typewriter and compare with forms. This method will give both the legal terms and legal forms. Much depends upon form of papers and neatness. If need be, sacrifice speed to neatness; speed will come with familiarity." Interrupting 1 a Witness The reporter should not hesitate to stop a witness and ask him to repeat an answer if he speaks indistinctly. Mr. Isaac S. Dement emphasizes the importance of this as fol- lows: "When you have become a reporter, ask the witness to repeat anything you have failed to understand in his re- marks. This is a right you should never waive; for it is your duty to make an accurate report and if you make no objection when the witness speaks indistinctly, your em- ployer will have the right to assume you are making such a report. But your report will not be accurate when you have omitted anything or have put your own construction upon something you very indistinctly heard." And Mr. H. W. Thome, writing on the same subject, mentions some of the "tricks of the trade," which may be used with troublesome witnesses. Mr. Thome says: THE GREGG REPORTER 17 "Incidentally it may be stated, that the rapid witness who clothes his ideas in grammatical language distinctly uttered, is more easily reported than he who speaks mod- erately 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 measures 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 make an effort to do better. ' ' While alluding to the rapid witness, some suggestions may be given to a young stenographer which will aid him, as well as his more experienced brother, in inno- cently stopping such a witness in a rambling statement of a conversation or of facts and occurrences. If he be hard pressed by the volubility of the witness, let the stenogra- pher 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 suggestion has never been patented. Resort to this 'trick of the trade' can be justified by precedent. Frequently, in conversation, in slow dictation of matter taken in long- hand, in the comparison of papers, and in many other in- stances 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 usually done to verify the listener's understanding of the lan- guage 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 18 THE GREGG REPORTER verify niiiiiy mailers, but, as before remarked, it is unre- liable as respeets names, dates, amounts and gestures." Securing Appointment In answer to a question about securing an appointment, the well-known reporter, Mr. H. W. Thorne, wrote: "I shall assume your age to be between twenty and twenty-five years, and that you are fitted by education and intellect to begin preparation for, and to become, a court reporter. "Familiarity with law language and legal procedure, and with the technicalities with which both bristle, must exist in order to properly report trials of lawsuits. Hence, I advise that you immediately obtain a position as steno- graphic amanuensis in a law office. Failing to do so, ac- cept employment as amanuensis, or assistant, to a law re- porter. I am in favor of commencing in the law office. "Assuming that you secure the latter sort of position, you should have some leisure time to devote to reading. Begin a systematic course of law reading, say some good work on Contracts, and also a work on procedure or prac- tice in your state. Take dictation from such works, and from books of legal forms, which are to be found in every law library. Your employer will gladly permit you to make use of such books, and, doubtless, will assist you with advice and in other ways. "You must first lay the foundation by acquiring a knowledge of the law itself, superficial though it may be. Otherwise, you would be constantly hampered in record- ing, and afterwards in reading, your notes of legal pro- ceedings. * * * "Assuming that you are competent ra every way to fill the court reporter's chair, I advise getting in touch with the candidate of your party for district judge, and his THE GREGG REPORTER 19 political friends and following; let them know that you desire appointment, and do all you can honorably and legitimately to further the nomination and election of your candidate. "You may meet this obstacle: A lawyer of sufficient practice and prominence to become a candidate for the office mentioned, has, in his office, or has had act for him, a stenographer in whose qualifications he has confidence. If an applicant, it is probable that the stenographer would be appointed by the candidate, if successful. "That is what I meant by getting 'in touch' with the candidate. If, for instance, you could get into the office of the candidate who is to be the future judge, you would advance your cause considerably." THE JUDGE'S CHARGE By W. E. H. Searcy (Reprinted from The Stenographer) T|HE most difficult work of a court reporter is found I in reporting the charge of the judge in important cases. Having had an experience of seventeen or eighteen years as official court reporter, in a Circuit Court, we offer a few suggestions to those just entering upon this work. (1) Listen attentively to the legal argument which is directed to the court, make a short note of the points raised, and the books and cases cited. Try to understand the legal contention of each side as it is presented. These legal arguments are generally made at the beginning of the case, when there is a demurrer in the case or a special plea of some kind, or motion made to dismiss, or amend- ments are offered. They are often made when the testi- mony is concluded and the case is about to be presented to the jury. Counsel who are to have the conclusion be- fore the jury are generally required to give the opposite side the points upon which they will rely, and the au- thorities they will present to sustain their contentions. Sometimes the legal status of a case comes out on a mo- tion to non-suit the plaintiff. No matter when or in what manner the law of the case is presented, let the reporter make careful notes of the legal contentions on both sides. Then, when the court charges the jury, the reporter will understand something of what the judge says. THE GREGG REPORTER 21 (2) The court reporter should not report the evidence of the case blindly. He must make each case "his case" and keep the evidence in his mind, and see what the parties are driving at. He must listen attentively to the objections that are made, and see what the object of the case is, and where it is all tending. This will enable the reporter to understand the court's charge, so far as it bears on the issues of the case arising under the evidence. (3) A court reporter should read law at his odd mo- ments. A good practice is to turn to the code of your state and copy the index many times. That will give a practice upon legal terms that will be constantly met in court. After the words in the index can be rapidly writ- ten and read, refer to the body of the book to ascertain the meaning of such as are not familiar. This will help greatly in reporting the judge's charge. (4) In conclusion, let us say : The court reporter must think as well as write, and remember as well as re- cord. It ought to be the boast of a court reporter that he can tell everything that has been testified to, and all the points of the judge's charge, without looking at his notes. Try this, and success will begin to dawn where doubt and fear have dwelt. OFFICIAL REPORTERS' QUALIFICATIONS By H. W. Thome (Reprinted from The Stenographer) ERSONS fitting for official court reporting will be interested in the general character and scope of ex- aminations to which applicants in some jurisdic- tions are subjected. In some States appoint- ments are made without special test of fitness, the general standing of the practitioner as an unofficial law reporter and his demonstrated ability being accepted in lieu thereof. The examination papers used in February last by the Board of Examiners, consisting of Official Reporters Charles Currier Beale, Isaac J. Doane and Alice E. Brett, in testing applicants for the position of official shorthand reporter of the Massachusetts Superior Court, fairly pre- sent what, in the opinion of experts, should be the qualifi- cations of a competent law reporter. The shorthand feature of the examination consisted of five tests (four of five minutes each), as follows: At 125 words per minute on technical matter, 150 words per min- ute on ordinary testimony, 150 words per minute on selec- tion from Judge's charge, 175 words per minute on ordinary testimony (this matter all being required to be read back), and a final test of a half -hour on impromptu testimony, etc. All matter was required to be transcribed. THE GREGG REPORTER 23 The balance of the examination was in the form of ques- tions to which answers were required to be written, and was composed of seven papers, of which a synopsis fol- lows: First paper. Limit of time for preparation, 10 min- utes; comprising questions as to applicant's age, general education, highest school attended and course of study there pursued; particulars of stenographic education; period of time and capacity in which applicant had been employed in stenographic work, and experience, if any, in verbatim reporting ; what language other than English studied, and whether able to read or speak same ; condi- tion of general health, eye-sight and hearing. Second paper. This covered spelling and punctuation, and its preparation was limited to 30 minutes; contained 50 words, some of which were misspelled, which were re- quired to be correctly rewritten and nothing to be done with those which the applicant thought to be correct. Two uncapitalized and unpunctuated paragraphs, comprising two questions and answers, which were required to be properly capitalized and punctuated, concluded this paper. Third paper. Time limit for preparation, 30 minutes; required the giving of a concise legal or technical term or phrase to properly describe each of 25 descriptive expres- sions, one of which will serve for illustration: "An inten- tional misstatement under oath." Obviously the proper answer would be "perjury." Fourth paper. Time limit, 10 minutes; required a statement in general terms of the part of the body affected by the following diseases: pulmonary tuberculosis, anky- losis, lumbago, caries, bronchitis, angina pectoris, neuritis, cataract, anemia, and appendicitis. Fifth paper, entitled, "Miscellaneous." Time limit, 40 minutes; consisted of ten questions covering gen- 2-1 T // / G A' / G G A' 1- I' K / I- K eral literature. The first of these questions illustrates the character of this paper: "Name one American writer in each of the following classes, together with a well- known work of each: (a) historians; (b) poets; (c) nov- elists." Sixth paper, consisting first of seven questions on the subject, "Duties of a Court Reporter," was required to be completed in 30 minutes, and was as follows: "(1) State what a reporter should do when a witness speaks too rapidly for him to report verbatim; (2) State what a reporter should do when directed by the Court to 'strike out' a portion of the testimony: (3) State the duty of a reporter with reference to marking exhibits, and how to avoid mistakes in properly numbering the same ; (4) State what portions of the proceedings in a trial are required by statute to be taken by the reporter; (5) State how the reporter's notes may be indexed for immediate reference during a trial; (6) State what the reporter should enter in his notes when a witness indicates an object or a dis- tance by gesture, without describing the same in words, and (7) State what the reporter should do with reference to taking notes when a witness is called to the jury rail to describe a plan or model, and does not speak loud enough to be heard by the stenographer." This paper concluded with a statement of a suppositions case giving names of the parties thereto, name of Court, County, State. presiding justice, docket number of case, names of the respective attorneys, etc., etc., and the applicant Avas re- quested to "write out in proper form the heading of the case down to and including the calling of the witness to stand, and the usual first question and answer." Seventh and last paper, entitled, "Legal Proceedings," lime limit 20 minutes, was as follows: "(1) What is Making an exception,' and what is the purpose of it? THE GREGG REPORTER 25 (2) State the terms by which the parties to the following classes of legal proceedings are described: (a) actions of law; (b) criminal causes; (c) writs of entry; (d) divorce proceedings; (e) proceedings for assessment of damages for taking of land for public uses. (3) Name the different stages in the examination of a witness, and by whom conducted. (4) State the order of proceedings in the trial of a civil case. (5) What is meant by a hypothetical question?" Analysis of the foregoing leads to the irresistible conclu- sion that expert law reporters firmly believe that short- hand speed is but one of the many essentials which the efficient law stenographer must possess. It is evident that he must not be too old ; that he should have vigorous bod- ily health, normal sight and hearing, and have at least the following accomplishments: A good English educa- tion, of which correct spelling and punctuation are in- dispensable requisites ; a wide reading in general lit- erature ; a comprehensive knowledge of the language of substantive and procedure law; some knowledge of med- icine and medical terms ; a thorough detailed knowledge of the duties of the court reporter in taking testimony and judicial proceedings, and an acquaintance with the formalities and steps in legal proceedings as well as the phraseology used therein. DICTATION MACHINES AND COURT REPORTING By James E. Munson (Reprinted from The Typewriter and Phonographic World) T|HE introduction and general adoption of the I graphophone and phonograph by court stenog- raphers for use in transcribing their notes has worked a revolution in more ways than one. While it has greatly increased the amount of transcription that one stenographer can accomplish in a given time, and so has materially enlarged his income, on the other hand it has closed the doors of the old school for reporters in which most, if not all, of the present-day court stenog- raphers acquired their ability to do practical work; namely, the practice of doing shorthand amanuensis work for court reporters. When at the age of 21 I came to the city of New York to live, although I was then a fairly good shorthand writ- er, yet I was not qualified to report legal proceedings as they were carried on in the courts. I therefore began playing "second fiddle" by doing amanuensis work for those who were qualified and were already engaged in professional court reporting. In that way I not only ac- quired the necessary speed for court work, but learned the forms of transcripts that were in use by reporters, and also gained considerable knowledge in regard to legal terms and phraseology, without which no one can suc- cessfully do -this kind of work. After a time I went into a law office where, besides doing office shorthand work, I read law, and was subsequently admitted to the Bar. THE GREGG REPORTER 27 After that I again took up shorthand law reporting as a profession, and have continued in it most of the time ever since. The foundation of my law-reporting ability was laid while I was acting as shorthand amanuensis for court reporters, and I think I am not mistaken when I repeat that most, if not all, of our court stenographers fledged their wings in the same way that I did. They began by taking dictation in shorthand from practical reporters and transcribing their notes into longhand either in man- uscript or typewritten copy. And then, when they had acquired the requisite speed and knowledge of the work, they struck out for themselves. I remember well the first case that I tackled as a re- porter. A friend of mine, who, like myself, was also an amanuensis, got an order for the reporting of a case that was to be tried in a Brooklyn court, but as he did not feel competent to do the work alone, he asked me to do it for him, which I mustered up courage to do, he taking check notes with me ; and when the work was completed and the transcript delivered and paid for, we divided the fee be- tween us. From that time down until the comparatively re- cent advent of the machines with wax-coated cylinders, no one attempted to do law reporting until he was grad- uated from the amanuensis school. Now, however, every- thing is changed. Nearly every reporter, instead of dictating his notes to a shorthand amanuensis in the old- fashioned way, simply goes to his office and talks to his machine, and then afterward a mere typewriter operator, listening to the reproduction of the record on the wax, makes the required typewritten manuscript. The advan- tage to the reporter of this method of doing the work is twofold. It is much more convenient and causes no loss of time, because the silent machine is always waiting for 28 THE GREGG REPORTER him in his office, which of course, cannot be said of the living amanuensis; and, most important of all. there is no limit to the speed at which the machine can take dictation. But the information about reporting forms and legal ex- pressions that was formerly learned by the amanuensis while doing his work is now imparted to the operator of the typewriter, but as she it is usually a lady is not necessarily a shorthand writer, the acquired information does not go any further. It does not make a law reporter of her as it did of the amanuensis, because shorthand is eliminated from the problem of transcription. The result of this state of things is now being sharply felt in a very perceptible dearth of capable law stenog- raphers, not only to fill new positions that are being created all the time, but to take the places of those who are dropping out of or retiring from the profession. If every law school in the United States were to be suddenly closed it would not be many years before there would be a lack of competent lawyers to attend to the growing legal busi- ness of the country. Shut up all our normal schools and teachers' colleges for only a short time, and there would be a scarcity of qualified teachers for the public schools. The same thing is now happening in regard to the profes- sion of court reporting. In a little time, as things are now, it will be very difficult, if not impossible, to get com- petent men for court positions. Now, there are two ways in which to view this situation. While it is somewhat discouraging to an ambitious young stenographer who would like to qualify himself for court work, to find the pathway over which all of us have walked to the goal thus abruptly closed, nevertheless to those who succeed in getting there by some other means the prize will be all the more valuable. The most lucrative branch of the reportorial profession at the present time is that of THE GREGG REPORTER 29 law reporting, and it will continue to become more so from this time on. I, therefore, advise every shorthand writer whose natural and educational qualifications fit him for the work to turn his attention to this field. Al- though the amanuensis school is closed, yet there are other ways in which the end may be attained, and I will now give a few hints on this subject. In the first place, no one should think of attempting to become a court stenographer unless he has a good general education. He should not only be a good speller, by which I mean able to spell all ordinary words correctly without having recourse to the dictionary, but he should have the ability to write grammatical and good English. He should have an extensive fund of general information, especially as to current events, and he should constantly aim to enlarge it. His physical strength and energy should be considerably beyond the average, as his work will oftentimes severely tax his endurance. He should be quick and active in his movements, for the profession of law reporting is no place for one of lazy disposition or sluggish temperament. His vocabulary of shorthand word outlines with which he is thoroughly familiar should be large, especially in the line of legal subjects. In prac- ticing from dictation for speed it will, therefore, be well to work with material furnished by court reporters, such as printed cases containing testimony of witnesses and judges' charges, which may be obtained in lawyers' offices, and sometimes from clerks of appellate courts. The best material for practice, however, consists of full transcripts of stenographic reports. Every court reporter accumu- lates (to his sorrow) a stock of dead wood in the shape of transcripts of cases which are either left on his hands by lawyers who, after ordering them, neglect to call for them, or are cases that he has made duplicate carbon copies of 30 THE GREGG REPORTER in the unrealized hope that they will be needed by some one. These unused transcripts may sometimes be obtain- ed from stenographers by purchase for a moderate sum, or by hiring or borrowing them. It is also recommended to the student of law reporting that he occasionally study the law dictionary for legal terms and expressions, so that when he hears them in court for the first time they will not sound unfamiliar to him; such, for example, as the following : caveat emptor, cestuy que trust, corpus delicti, duces tecum, ex parte, in esse, lex loci, mala fides, prima facie, quo warranto, res inter alios acta, ship's husband, statute of frauds, etc. Every candidate for admission to the field of law report- ing should be an expert typewriter operator. Then, it would not be a bad idea, while practicing for speed, to spend part of the time assisting court reporters by preparing their transcripts from the dictation machines. In so doing the student will learn reporting forms, the same as he would in amanuensis dictation, although his speed would have to be attained by separate practice. When the student has acquired sufficient skill to take examinations of witnesses at a pretty good speed, then and not until then should he go into court and practice there. It will be well for him to make known to the offi- cial stenographer, and through him to the court officer, what he wishes to do, and then he will generally get a suitable place at a table to work. Should he not do this, the officer might think he was too near the jury, and ask him to step outside the railing. At first the writer will stumble and fall, and feel discouraged. A rapid witness or counsel may knock him out, and he will wish he was somewhere else. But let him jump up and go at it again, and again, and again, and finally he will catch on and feel that he is "one of us." THE WORK OF THE COURT REPORTER By Charles Currier Beale (Extract from a paper read before the New England Shorthand Reporters' Association) ET me give you an idea of what is required of a court reporter. The average rate of speak- ing which he must record word for word in his notebook is one hundred and fifty words per minute. To be sure, this speed is sometimes slackened to a hundred, but often increased to two hundred; and this average speed must be kept up hour after hour under any and all conditions, with any and all kinds of language. The words of the English language as used in ordinary speech will average at least five letters to a word. These five letters in the ordinary longhand will require at least twenty distinct motions of the pen. The useful art of shorthand has condensed this to an av- erage of three movements to a word. In other words, in order to write legible shorthand at the rate of 150 words per minute the writer must skillfully execute certain char- acters requiring 450 distinct movements of the pen to a minute, and must keep up this enormous speed hour after hour if need be. Often a whole day's work will consist of unbroken testimony. Those unfamiliar with our duties say the pay we receive is exorbitant because we are actu- ally working in court only five and one-half hours. True, but in those five and one-half hours very often there is no 32 THE GREGG REPORTER rest for the stenographer, and if we take the trouble to. perform a simple act of multiplication we find his flying fingers have recorded in that short day of apparently easy work a total of fifty thousand words, involving one hun- dred and fifty thousand distinct movements of the pen. The fabled labors of Hercules sink into insignificance as compared with what he has accomplished. Every day he sets down an amount of matter equal to a respectable- sized novel. The pages of the notebooks he fills in a year, if placed continuously, would stretch from the Gilded Dome to Senator Lodge's home in Nahant. If the char- acters were in one continuous line it would reach from the farthest point of Cape Cod to the most distant of the Berkshire Hills, and span the whole of this good old com- monwealth with the mystic symbols of the silent scribe. No one human being could speak the words he must un- ceasingly and uncomplainingly write. A palsied tongue and a paralyzed throat would end the speaker's efforts in a few days or weeks; yet the hand of the ready writer toils on, guided by an intelligent brain, and supplemented by an ear that must hear and recognize each and every utterance, w r hether it be the burr of the Scotchman, the brogue of the Irishman, the lisp of the Welshman, the broad accent of the Englishman, or the nasal drawl of our own New England. The broken speech of the Russian Jew, the liquid patois of the swarthy son of sunny Itnly. the guttural growl of the German, and the mincing tongue of the Frenchman, all mingle in one ever-changing lingual pot-pourri, that puzzles alike the Judge, the lawyers, and the listeners, but which the stenographer must get whether or not. The loquacious native of the Emerald Isle is checked in his torrent of words by the remark from the Judge, "The witness talks so fast the Court cannot understand him ; will the stenographer please read the THE GREGG REPORTER answer?" or, the sunburned daughter of the Mediter- ranean, who amply makes up in rapidity of utterance for her imperfect knowledge of our vernacular, fails to make himself understood by counsel, who turn nonchalantly to the silent worker, and say, "Mr. Reporter, will you kindly read what the witness said?" But enough of this side of the picture ; there is another view I wish to present to you; another Herculean labor, skillfully performed and scantily recompensed, which awaits the silent man at the end of his day's work in court the transcription of his notes. Fortunately, not all that goes down in those never-ending notebooks has to be rewritten for 1he eye of the judge or the lawyers. There is an end to the endurance of even stenographers, and I fear that no human being with human nerves and human need for sleep and rest could cope with that task. But a fairly generous portion has to be transcribed on the writing-machine ; and again the tired fingers must fly in swift staccato until the work is accomplished. Most of this work must of necessity be done at night, by the flick- ering flame of the gas jet or the incandescent brilliance of the electric light. Far into the night must the click of the typewriter keys and the drone of the dictator extend. The judge and the lawyers, the witnesses and the spec- tators, can go to their homes and enjoy the quiet of their firesides or that recreation of mind which is equally bene- ficial to the body : but the stenographer must work though nerves throb and pulses flag, though tired eyes will close rebelliously, and the faithful hands almost refuse to do the bidding of the exhausted brain. And yet good law- yers have been known to say that our prices are exorbi- tant. But it is the price of blood ! It is the giving of one's vitality, both of mind and body, of a mind and a body trained and educated to a point beyond which danger 34 THE GREGG REPORTER lies. And what a training and what an education ! The whole range of the sciences is comprised in the knowl- edge that a good court stenographer must ;ic;|iiin\ To-day comes the skilled physician with his expert testimony and his learned disquisitions upon hystero-neurasthenia and cerebro-spinal-meningitis, ransacking the dead past of Rome and Greece for terms to fit modern ailments and fin-de-siecle surgery. To-morrow the electrician, with his talk of mysterious elements and forces, his microfarads and his electrostatics. Again the mechanical expert, glibly describing the complicated construction and work- ings of appliances and instruments whose very names are familiar only to the initiated. Add to a knowledge oij these various subjects sufficient at least to recognize their nomenclature, a fair knowledge of the classics, a famili- arity with the most important modern languages, a fair amount of legal learning, a reading wide enough to rec- ognize a quotation and assign it to its source, whether it be Shakespeare, Browning, the Bible, or the Zend-Avesta, a perfect knowledge of geography, a modicum of history, a fluency with figures and an absolute command of the in- tricacies of English speech spelling, punctuation, and grammar and you have the foundation of a stenographic career, on which ten or twenty years' active practice of your profession will perhaps enable you to build the super- structure of success. METHODS OF FURNISHING DAILY COPY By Frank H. Burt (Extract from a paper read before the New England Shorthand Reporters' Association) TiHE advantages of daily copy on a large case are I too apparent to need mention. From the stenog- rapher's standpoint, aside from the profits which he may earn, there is a great satisfaction in seeing his notes cleaned up every day and in knowing that he will never be called on at an inopportune time for a transcript of that day's work. Then, too, there is nothing more vexing than to take all alone a long case, merely getting out from day to day such extracts as are wanted ; for three times out of four each side will want something entirely different from the other, and each party usually demands more than you can do. Then again, if it is not written out immediately, you will get a polite call, per- haps, two years later in the middle of a busy term, for a report of a two weeks' case to be delivered in three dayis, and the transcribing thereof becomes weariness and vex- ation of spirit to yourself, while the unavoidable delay is liable to cause great inconvenience to the party giving the order. To my mind the ideal system of daily copy is that in which a single stenographer takes the entire proceedings, while his assistants, who can read his notes, transcribe them immediately, so that at night he has nothing to do but correct their copy. It is needless to say that this 36 T II E G R / (; c; R E I' O R T E R method demands ideal stenographers and ideal assistants, and people of that type do not exist in Boston. The nearest approach I have ever heard to such a system is in the reporting of the proceedings before committees of the British I'aHiainrnt, which is done entirely by members of the Gurney family, descendants of the originator of the Gurney system. The family has controlled this branch of shorthand work for more than a century, and I am told that the copy goes direct from the amanuensis to the printer, so that the reporter merely has to read the proof. A like method prevailed in the United States Senate dur- ing the lifetime of the late Dennis Murphy. Here and there in the United States we find a few for- tunate stenographers whose notes can be read by their assistants, but. as we all know, this condition of things is exceptional. Next to the above method, the system used in the Na- tional House of Representatives is the best I know of. Five stenographers, relieving one another at short in- tervals, their takes averaging 1,100 words, report the de- bates and dictate the notes immediately to graphophones, and the full day's proceedings are ready for the printer within half an hour after adjournment. My first daily copy case was in the fall of 1887, and was handled under a good deal of difficulty. It was a group of water cases against the town of Weymouth, tried at Dedham, ten miles from Boston. With two other stenog- raphers, each of us taking one long take varying from one and one-half to two hours, and then returning to Bos- ton to dictate, the copy was ready every morning for three weeks at the opening of court. But it was an awful strain for the last man, who not only had to dictate until about midnight, but was obliged to be on hand with the others at 8 a. m., to page and index and bind the copy. THE GREGG REPORTER "7 "VYe never thought at that time of buying paper ready punched, or even of providing uniform paper for the case ; so each man used whatever paper came handy, and it was a grand scramble in the morning to punch two or three hundred pages with some frightfully dull punches. How we came to be so stupid has been a marvel to me ever since. It was the spring of 1890 that the idea occurred to me of adapting the system used in the House of Representa- tives at Washington to the furnishing of speedy tran- scripts. I had been engaged by a press syndicate to fur- nish reports of certain bribery investigations which were going on at the State House, and the frequent delivery of copy in instalments to catch the afternoon editions was imperative. Getting permission to put our machines in a committee room, I secured two stenographers and three typewriter operators, and by taking short takes we were enabled to keep up very nearly with the proceedings through the session. The success of the plan was evident at once. The relief from the mental strain of a long time spent in dictation after a long take was very marked, and the satisfaction of the parties for whom the work was done was complete. Having thus looked over the history of the introduction of this method of furnishing daily copy, a brief outline of the detail of the system in actual operation may be useful. At the opening of each day's session the stenographer in charge gives directions to his assistants as to the order in which they are to begin their work. The first stenog- rapher takes enough notes to fill as nearly as possible two pages of copy. The second reporter sits beside him, and at a signal given by a nod begins writing at the instant that the first man stops. The third reporter follows in like manner after a space of about five minutes, when he 448574 38 THE GREGG REPORTER is relieved. The fourth reporter continues his take until No. 1 has dictated and compared his notes and has re- turned to relieve him. So the work goes on, the stenog- raphers succeeding each other in regular rotation. Un- less the testimony goes in with great rapidity it is usually practicable to complete the transcript of a take and be ready to return to the court in one 's regular turn in such time that no take will exceed ten minutes. Of course, great care must be taken in changing places, and no one should stop taking notes until he sees that the man who follows him is beginning to write. While a ruling on the admission of testimony is pending, the stenographer who took the question under discussion should not leave the courtroom until the ruling is made, so that he may be on hand to read the question if called upon ; unless the dis- cussion is manifestly going to be a prolonged one, when he may write the question in longhand and leave it for his successor to read. It is necessary to have cool-headed stenographers and typewriter operators, who can work in the midst of a noise like that of a sawmill; for it is usually practicable to se- cure only one room in the courthouse, and, indeed, it is much more convenient to have all the corps near together. The assistant who is employed to attend to the clerical part of the work should be a person of executive ability, strict- ly accurate at figures, and capable of attending to in- numerable details without getting "rattled." Preferably she should be a typewriter operator, so that she may as- sist in making corrections or any other work that an emergency may demand. At the beginning of each day she prepares in a book which she keeps for the purpose a blank form in which the details of the day's work are to be entered. In the first column she enters the letters of the alphabet, by which the various takes are to be in- THE GREGG REPORTER 39 dicated. The next column is kept for the reporters, the third for the hour and minute at which they go to the courtroom to begin their several takes, and the fourth column for the number of words in the take. Each man (or woman) should register his name in the book as he starts to take his place in the courtroom, and should then enter in his own notebook the letter designating that place. If this is neglected there is liable to be delay and confusion in finding out whether Jones' take follows Smith's, or whether Smith relieved Brown. The assistant must enter the time of the beginning of each take and keep a careful eye on the clock, and if the stenographer on duty is going to be left in court more than ten minutes she must order the next man to relieve him promptly, even though his own take may not be fully dictated. As soon as a take is written out it should be immediate- ly compared with the notes, and while the stenographer who took it is in court his typewriter should make the correction and count the words. Of course, in long takes the number of words can be estimated with substantial accuracy. Delay in correcting a single take may set back the putting together of the copy an hour or more. When corrected the copy is turned over to the assistant and the number of words entered in her book, and as early in the day as possible the assistant should begin assorting and paging the copy. The shape in which it comes to her will be about like this : Brown having the first take, turns in pages 1A and 2A. Smith, who follows him, has pages IB, 2B and 3B, which will be repaged 3, 4 and 5. Then comes Jones, with 1C, 2C and 3C, which become 6, 7 and 8, and Williams, the fourth man, ID, 2D, 3D and 4D, renum- bered 9, 10, 11 and 12. Brown goes in again for the E take, his pages being all marked E ; and for this take he very likely gets 5 pages, which will be numbered from 13 40 THE GREGG REPORTER to 17 inclusive. Then Smith takes his turn with IF to 5F inclusive, or 18 to 22. So the work proceeds through the clay. Of course, great care is necessary *t WJJ~\ | Session. N B V ^- y-fr F G H I U V J K L M w REDUCED FACSIMILE OF ASSIGNMENT-SHEET USED BY THE ASSOCIATED PRESS REPORTERS AT THE NATIONAL DEMOCRATIC CONVENTION. 44 T H E GREGG REPORTER We endeavored to let each reporter take as nearly as possible two minutes at a time. Personally, I did no re- porting except in cases of emergency. On completing his two minutes' take the reporter was relieved by the man sitting next to him and went immediately to the writing- room which I have described, and. before beginning to dictate, wrote, opposite a letter of the alphabet on a large sheet of paper, his name and the name of the typewriter operator. Supposing that he were the third reporter to take on the session, he would write his name opposite the letter C, and the operator would number his pages "Cl," "C2," etc., putting at the bottom of the pa-es "C2 i'ols." or "Dl fols," as the case might be. The typewriting was done on Eemington machines. without ribbons, wax stencils being used, and those were collected from the different operators by boys and run off on a machine capable of printing 150 copies a minute. Only about twenty-five copies were used, and these were hung on hooks, and were called for by the various news- papers entitled to the use of them, or taken by boys to the editor who was making up the report for the wife. By these means we were able quite easily to finish a verbatim report of every session within the five minutes allowed us. When the chairman's gavel announcing the adjournment of a session fell, the last reporter was half- way down the stairs on his way to the writing-room with only some two hundred words on his book to dictate, as very often practically all that had been done during his take was the making of the motion to adjourn. This is practically the same way in which national con- ventions have been reported for the Associated Press in previous years, with the exception of the system of letter- ing the takes, which was my own idea, and which worked perfectly. In previous years the head stenographer as- THE GREGG REPORTER 45 signed each reporter the letters of his different takes in advance, and the result was that very soon confusion arose out of the fact that for various reasons the ste- nographers did not continue to follow each other in the order in which they started to take. Another change which I made was the reducing of the takes from five to two minutes. To one unacquainted with the vital im- portance of time in newspaper work, this may seem an absurdly short take, but there were several times during the convention when it proved to be most valuable. Of course it was not always practicable to keep the takes down to two minutes; in a great many instances a man had to take five minutes, but we avoided this as far as possible. Such was the case, for instance, when the con- vention was in an exceedingly excitable condition on the announcement of the receipt of the Parker telegram. Owing to the congested condition of the aisles and the immense size of the hall, it was necessary for more than an hour to keep one shorthand reporter doing nothing, stationed far down the aisle, so as to be ready to note anything that might occur, which it would have been absolutely impossible for the reporter to take had he remained at his place near the speaker's platform. One of the advantages of keeping this record of the takes was that in case the editor discovered errors it was at once known who made them, and a correction bul- letin could be put on the wire in a very few minutes. The most arduous session although they were all very trying was one which was called to order at five min- utes after eight on Friday, July 8. The convention re- mained in continuous session until ten minutes of six in the morning, during most of which time the greatest excitement prevailed. In some cases it was actually nec- essary for the reporters to jump over the railings in 46 THE GREGG REPORTER order to get near enough to the speaker to hear what he said. I want to mention in this connect ion that the work which was done by the official reporter for the conven- tion, my friend Milton "W. Blumenberg, of the Senate corps at Washington, was, to my mind, remarkable. "With- out any relief at all, he reported the entire proceedings of the convention, lasting from "Wednesday noon until 1 :30 a. in. Sunday, and at this particular session was on his feet for practically ten hours. It was not possible to sit down and write ; the stenographers had to lean against the platform and write there, because they could not hear the speakers from the seats which had been provided for them. INDEXING NOTES To facilitate references, the note-books should be in- dexed. Mr. Charles C. Beale used a four-page folder, printed in red ink, as given below. This Index is fastened inside the front cover of the note-book. INDEX. DATE .BEFORE ACTION OF. VS PLAINTIFF'S COUNSEL DEFENDANT'S COUNSEL,. VERDICT, WITNESS I LAW FORMS T IS hardly necessary to say that an acquaintance with law forms is essential in. law reporting. While this is true of law forms in general, it is especially so in the malter of getting out Hie transcripts of proceedings in correct form. There is a general resemblance in the forms used for different law papers in the various states and courls, but the reporter should make himself thoroughly familiar with those forms lhat are peculiar to the state or city where he intends to practice. If properly approached, most lawyers will gladly as- sist an ambitious young writer by allowing him to inspect or copy the forms which they use. In most public libra- ries there are bound volumes of the printed reports of the proceedings in important law suits. We have known many reporters to enter upon their professional work without having ever been inside a re- porter's office, but as indicated by some of the article in this book, most reporters have obtained their first knowledge of law forms, and their skill in preparing transcripts, by working as typewriter operators in the offices of busy reporters. Where it is possible to secure such a position, this is undoubtedly the best plan to fol- low. The publishers of this book will gladly offer further suggestions to any one who finds it difficult to secure in- formation about the various law papers. Table of Rates Paid Court Reporters for Attendance and Transcripts in the States of the Union See Note States Yearly Salary Per Diem Transcripts Per Polio Alabama ... ... $ 750 Arizona .... 1500 15c Arkansas .... >-00 to 1200 5c California .... . . . .2400 to 3000 $10.00 . 20c Colorado ... . . . .2700 . .10.00 20c Connecticut . . . . .10.00 lOc Delaware . . . . . *2000 lOc Dist of Col . . . .No general law . . 15c to 25c Florida . . . 5.00 to 6.00 12%c Georgia .... 125 to 150 per mo . .15.00 lOc Hawaii . . . .2400 to 3600 .... Idaho . . . . . .1000 lOc to 15c Illinois 5.00 15c Indiana . . 5.00 lOc Iowa ... . . . .1600 . . 8.00 8c Kansas . . 6.00 lOc Kentucky .... 1200 to 2500 .... . . 5.00 lOc to 15c Louisiana 15c Maine .... H',00 to 1500 lOc Marvlancl . . . *2500 8.00 lOc Massachusetts . . . Michigan 2500 . . . .1000 to 3000 . . . . . 9.00 lOc 8c Minnesota .... SCO to 2500 . . . 10 00 Sc to lOc Mississippi .... 40 per week lOc Missouri Montana ..,.1800 . . . } SQO . .10.00 lOc to 15c 5c to 7V&O Nebraska . . . .1500 lOc Nevada 8 00 15c N'fw Hampshire . .5.00 to 10.00 lOc New Jersey 10 00 lOc NVw Mexico 7 00 15c New York . . . .1000 to 3000 .10.00 lOc to 15c No. Carolina "ixed by judge 5c No. Dakota fixed by judge lOc to 15c Ohio 1X00 to 2400 8c Oklahoma 5 00 6c Oregon 10 00 15c Pennsylvania . . . . .10.00 15c Rhode Island 10 00 lOc So. Carolina .... . . . .1500 5c to lOc So. Dakota .... . .10.00 lOc Xo general law Texas . 5.00 . lOc to 15c Utah 8 00 8c to lOc Vermont 5c to lOc Virginia . . . . . . .No general law. . . . .No general law. . fixed bv judge 20c Wisconsin Wvom ins- . ..*2000 ..lono . . .10.00 lOc **15c Note. The laws in some States provide for salaries in some places or counties and per diem fees in others. The same is also true as to transcript fees. This accounts for the varying rates paid in the same States. Maximum salary. **Transcript fee paid to State of Wyoming. HELPFUL BOOKS The following books should be in the possession of every stenographer who aspires to be a court reporter: "PRACTICAL COURT REPORTING," by H. W. Thorne. 230 pages, cloth. This is a very helpful book on court reporting, although it does not contain any short- hand forms. A copy of the book can be obtained from, the Gregg Publishing Company, New York or Chicago ; price, $1.00, sent postpaid on receipt of $1.10. "LAW LANGUAGE," compiled by L. N. Dembitz. 208 pages, cloth. This book fully explains the meaning of law terms, and as it is written in connected form, is an excellent manual for practice. A copy of the book can be obtained from the Gregg Publishing Company, New York or Chicago; price $1.00, sent postpaid on receipt of $1.10. "COURT REPORTING." A manual of legal dictation and forms, compiled by A. M. Robinson. 290 pages, cloth. A copy may be obtained from the Gregg Publish- ing Company, New York or Chicago; price, $1.00; sent postpaid on receipt of $1.10. "PRACTICAL POINTERS FOR SHORTHAND STU- DENTS," by Frank Rutherford. 131 pages, cloth. There are numerous suggestions in this book about reporting and methods of gaining skill in shorthand writing. A copy can be obtained from the Gregg Publishing Com- pany, New York or Chicago; price fifty cents, postpaid. PART TWO THE GREGG REPORTER 53 Special Word Forms accident f^2 devote o> <" administer f ^^ dividend \ s stairs) ERRATA After the GREGG REPORTER was printed, and while being bound, some slight inaccuracies were dis- covered, due in part to the fact that shorthand plates are liable to damage while on the printing press. Correction's, therefore, should be noted as follows: Page 83, second column, fourth outline (counting from the bottom): in the type, for "if from all the evidence" read "if from the evidence." Page 60, second column, sixth outline (counting from the top): first stroke should be "th" instead of "t." Page 85, first column, second outline (counting it from the top): "ing" dot should appear. THE GREGG PUBLISHING COMPANY demur ^- lawyer deponent v ^ legislate designate-ation v . legislation J THE GREGG REPORTER 53 Special Word Forms <=7-^ c? ' oSL- -? y 7 s T z <7 accident administer assignment capital civil complain corroborate coupon damage default (see fault) defendant demur deponent designate-ation r V T devote dividend downstairs (see upstairs) establish evidence fault future husband indictment judicial jury lawyer legislate legislation THE GREGG REPORTER 7 legislative legislator legislature live meanwhile misdemeanor mortgage mortgagee mortgagor night occupy-ation part persecute (see prosecute) plaintiff prejudice preponderance prior reasonable reside resignation separate several (see civil) sidewalk street car testimony tonight upstairs (see downstairs) wife THE GREGG REPORTER WORD AND PHRASE MODIFICATIONS N law work and court reporting, as in commercial work, the shorthand forms for many frequently occurring words and phrases are contracted or modified. In our shorthand Manual we said, "In your daily work as stenographer or reporter you will find some terms peculiar to the business in which you are en- gaged so frequently occurring that special forms may be adopted for them which will be brief and yet absolutely distinctive." As Mr. George R. Bishop well says, "Every law stenog- rapher of large experience knows that each branch of the law patent, criminal, probate, medico-jurisprudential, admiralty, corporation, commercial, etc. has many words and phrases peculiarly its own ; and as lawyers in the great cities drift much into specialties, so there is a ten- dency, in those places, for stenographers to do the same ; the chances, of course, being, all other qualifications being equal, that that stenographer who has the largest experi- ence in connection with any particular specialty will especially if the matter be difficult make the best report of any proceedings in that particular department of the law." Some years ago a writer in the Phonographic Magazine expressed a similar thought in this forceful way : "If the stenographer be improperly educated or if he lack in originality, he will be apt to confine his phrase and wordsign writing simply to those forms which he has committed to memory in the course of his instruction, en- tirely disregarding the opportunities which present them- selves for showing his capacity for invention or the ap- plication of recognized principles to the formation of new forms and signs which necessity requires. Not one-fourth 56 THE GREGG REPORTER of the commercial stenographers are equal to the occasion when this point presents itself, but will persevere through long months and years in elaborating painfully long word- forms and in disregarding very apparent opportunities for the formation of very concise phrases, by means of which a great proportion of their labor might be saved. The intelligent stenographer certainly should not permit himself to follow and become confirmed in such a habit, simply because he is unwilling to exercise his own powers of invention. Because 'the book' gives no brief outline for a word which constantly recurs in his work, is no rea- son why he should not use one and the very briefest which is consistent with principles. Because he does not find specific authority for the joining of certain often-repealed words in a phrase form is no argument against his adop- tion of such a form if it is easily legible. It will be a genuine surprise to the writer to discover how much of a labor-saver his own ingenuity may become." Before beginning to practice the phrases and modifica- tions of word-forms given in this chapter, we advise the reader to earnestly study and practice the advanced phrase writing given in the shorthand manual, especially the section devoted to "Modification of Word Forms." Nearly all of the phrases contained in that section are frequently used in court reporting. Some of the follow- ing forms have already been given, but we have thought it advisable in some instances to refresh the memory of the amanuensis who is aiming to become a court reporter by repeating the principles, and then making the rules or principles of abbreviation so repeated the basis of more extended application. THE GREGG REPORTER 57 DEPARTMENT > Passenger De- ^^ partment '" Mail Order De- partment * Freight Depart- ^^ ment " State Depart- ment ^ General Passen- ^V^* ger Depart- ment Post Office Depart- ment ^ General Freight '^~^' Department Treasury Depart- ment V War Department ^2^ Executive De- partment ~ Navy Depart- dl ment /^ Purchasing De- partment s~7*> ^r Inquiry Depart- ^^ ment ^ Shipping Depart- ment Legal Departmen Fire Department Police Depart- ment Credit Depart- ^>- ment *^ AGENT Passenger Agent ^^ Freight Agent General Passenger Agent (G.P.A.) General Freight Agent (G.F.A.) Assistant General Passenger Agent (A.G.P.A.) Assistant General Freight Agent (A.G.F.A.) Shoe Depart- ment Furniture Depart- ment Ticket Agent General Ticket Agent Claim Agent Baggage Agent Purchasing Agent r>s THE GREGG REPORTER COMPANY and Company Railroad Company Express Company Transportation Company Telephone Com- pany Electric Company ? ^ t Insurance Com- ' 5--> Trust Company pany REASONABLE reasonable doubt ^-2^ reasonable care beyond a reason- able doubt reasonable time reasonable dili- gence reasonable satis- faction PLAINTIFF-DEFENDANT the plaintiff reasonable degree reasonable degree of care reasonable notice the defendant for the plaintiff for the defendant counsel for the plaintiff counsel for the de- fendant do you know the plaintiff do you know the the defendant called for the plaintiff called for the defendant did you see the plaintiff did you see the defendant THE GREGG REPORTER 59 DON'T <3 I don' t see ^*v ' I don't believe & I don't know I don't recollect I don't think WHETHER whether or not I don't remember can you tell whether or not do yu remember whether can you state whether or not do you remember whether or not can you recollect whether or not do you recollect whether or not I do not recollect whether or not DO YOU KNOW do you know do you not recol- lect whether or not do you know the defendant do you know whether or not do you know what do you know whether there do you know what was do you know the plaintiff DO YOU NOT do you not recollect do you not recol- lect whether or not do you not re- member do you know which do you not re- member wheth- er or not do you not think do you not recall 60 T I! E G RKGG REPORTER WASN'T ISN'T The shorthand form for "wasn't" is facile, and pro- vides a distinction between "in" and "not" although such distinction is rarely necessary. wasn't there wasn't he wasn't there wasn't he there wasn't the plaintiff it wasn't there wasn't any wasn't the de- fendant it isn't it isn't there it wasn't there ., WHERE where it is where it was where did you see where did you see him PART PARTY party of the first part party of the second part party of the third part ti there isn't where did you leave him about where it was where it would where it lay said party of the first part said party of the second part said party of the third part THE GREGG REPORTER 61 tor my own part on my part on my own part I had they had we had you had he had y- Republican party /** Democratic party Socialist party HAD &( I had been '***( they had been he had been <^f we had been if you had if they had is it a fact FACT is it not a fact isn't it a fact I call your atten- tion to the fact you are aware of the fact were you aware of the fact well-known fact if I had point of fact 2 eS~> as a matter of fact in view of the fact in consideration of the fact did you for a fact ^Z/S yes sir, I did for a fact THE GREGG REPORTER WAY OR AWAY did you remain away how far away run away did he get away HOUSE the house this house warehouse which house in which house when the house AVENUE Michigan Avenue Central Avenue KNOWLEDGE to the best of (my, your) knowledge have you any knowledge ^- daughter-in-law ABBREVIATIONS A.M. ^ 6 shareholder policy holder somewhere or other one way or the other one side or other to do so you say so brother-in-law sister-in-law P.M. A. D. 2. C. O. D. f. o. b. THE GREGG REPORTER 65 FIGURES, ETC. Mi ANY young reporters do not realize the importance I of a rapid and accurate method of representing figures. Some reporters use a system of "short- hand numerals," but as the slightest variation in the size or shape of a shorthand character might have dis- astrous results, it is well to be cautious about adopting such expedients. As Mr. Thorne says, "No system of shorthand numerals has yet been devised which has given universal satisfaction. While, in some instances, law re- porters have successfully -utilized shorthand for this pur- pose, yet the Arabic figures continue prime favorites. The latter are often helpful in finding desired parts of testi- mony." It should always be kept in mind that there is no con- text to guide the writer in dealing with figures. They should, therefore, be written clearly, and if possible in such a way that they may be easily found in hurriedly re- ferring back to the notes. Some reporters adopt the plan of writing the numerals very large, while others encircle figures when they stand alone. The latter is a good plan to adopt where one or two figures only are used, as some numerals (notably "1" and "6") resemble shorthand characters. In any event, some time should be given to practice on the numerals with a view to acquiring facility in writing them legibly. In writing the numerals all unnecessary movements should be eliminated. The method of representing dollars, hundred, thousand, million, pounds -as well as all possible combinations of these words given in the Manual has never been equaled for simplicity and definiteness. It requires but a moment to master the plan, but on account of its simplicity it does 60 THE GREGG REPORTER not usually receive enough attention or practice. We ad- vise the young reporter to drill on every possible varia- tion of the words and figures. Examples -, $6.00 $3,000 8,000,000 2,000,000,000 a dollar a million 600 300,000 $8,000,000 4 Ibs.or 4 a pound a hundred dollars $600.00 $300,000 800,000,000 300 Ibs. or 300 z a hundred a. hundred million In recording mixed figures it is well to make free use of the above method of expressing million, thousand, etc., instead of trying to use the comma as a dividing mark. For instance, to express "two million, nine hundred thou- sand and forty-seven" write 3~ j^_ ^7 , just as the speaker utters the words. There will then be no danger of confusion. THE GREGG REPORTER 67 SHORTHAND NUMERALS, ETC. 1 -a_^ 1 OF 2 2 or 3 3 or 4 J 4 ^ X or 5 5 or 6 7 G or 7 7 or 8 S or 9 9 or 10 ^ 10 If ordinary numerals are used, "or" may be expressed by writing the second figure below the preceding one, thus ^ seven or eight. Hundredweights is expressed by Nw; cents by S above figure ; per cent by S below figure ; per cent per annum by adding N to per cent sign: o'clock by over preceding figure. Examples f 8 cwts. /* 7 per cent per an- JL. num "7* seven cents & " nine o'clock *7 seven per cent 68 ^ square yard ^^-^^ per square yard ^ square foot ^*-j per square foot "-> square inch *?, per square inch -*/ cubic yard Degrees may be expressed in the usual way by the small circle after the figure :/T- 12 degrees. Fahrenheit may be expressed by f : r ^^54 degrees Fahrenheit. Cen- tigrade may be expressed by sen: ^^_ 8 degrees centi- grade. T If E GREGG REPORTER 69 ENCIRCLING OUTLINES, ETC. ANY expert writers make it a practice to encircle certain outlines to express the actions of the wit- ness, counsel or speaker. This serves to separate the words uttered by the speaker from his actions, and at the same time furnishes a landmark, as it were, in the notes which facilitates reference in reading back any portion of the report. (illustrating) (indicating) (witness, or coun- sel, produces paper) witness, or coun- sel, produces book (handing a paper to the witness) (witness, or coun- sel, refers to paper) (witness, or coun- sel refers to book) "if you find from the evidence" (a phrase common- ly used in charges to the jury) Repetition of words used in question or an- swer (handing a paper to the Court) (handing a paper to Mr. Jones) (handing a paper to counsel for the defendant) (handing a naper to counsel for the plaintiff) objected to question by a juror indicating omis- sion cheers applause loud applause laughter 70 T II E C, R EG G REPORTER POINTS OF THE COMPASS, ETC. In reporting matters relating to real estate, the follow- ing contractions will be found very useful: North South East West Northeast Southeast Northwest Southwest Northeast quarter Southeast quarter Northwest quarter Southwest quarter Northern Southern Eastern - Western Northerly Southerly Easterly Westerly Northeasterly Southeasterly Northwesterly Southwesterly Northeastern Southeastern Northwestern Southwestern Northeastward Southeastward THE GREGG REPORTER 71 Northward y^- Southwestward Southward ~^i North or south Eastward > East or west -^ Westward p Base and Meridian -= _ Northwestward ~ Principal Meridian 72 T II R (', R 1: (', (', R / /' A' T / A' SPECIAL PHRASES facilitate reference to the testimony, it is de- sirable to use a large "X" I'm 1 "Gross-Examina- tion." When the "X" is preceded by the short- hand character for D it expresses "Direct Exam- ination;" by Re-d, "Redirect Examination;" by Re, "Re- cross Examination." Cross-Examina- tion Direct Examina- tion Redirect Examina- tion Uecrnss Kxamina- tion The words incompetent, immaterial, irrelevant, illegal, improper, are constantly occurring in court work, as when counsel objects to the testimony of the witness as being "incompetent, immaterial and irrelevant." It is im- portant that the reporter should be able to deal with these words promptly in whatever sequence they may be used. We recommend the following method of represent- ing these words to be used, of course, only where they occur in succession and can, therefore, be joined. incompetent illegal immaterial irrelevant Illustrations incompetent, im- material and ir- relevant irrelevant, incom- petent and im- material Illegal, incompe- tent, immaterial and irrelevant improper l, incompe- tent. Immaterial, improper and ir- relevant immaterial and ir- n levant irrelevant, imma- terial and in- competent THE GREGG REPORTER 73 Similarly, the words heirs, executors, administrators, assigns, successors, frequently occur in succession in law work. The following method of representing them is very facile, but like the preceding one, can be used only in phrases. The units are : heirs assigns executors successors administrators Illustrations heirs, executors, administrators and assigns heirs, executors, administrators or assigns successors and as- signs successors or as- signs heirs and assigns heirs, executors or administra- tors Omit and, but insert or. List of Phrases about how long again and again about the time about what time about what time of day about wliat time of night against the de- fendant against the plaintiff all may be and I am about where it was and I may above mentioned above named -^x Mini if so above named defendant above named plaintiff and sworn anyone else A- according to (pronoun) rec- ollection according to (pronoun) best recollection act of God adjourned meet- ing anything of the kind are not are you ac- quainted with are you ac- quainted with him THE GREGG REPORTER 75 are you ac- quainted with the defendant are you familiar as it would be as long as are you sure as many as are you willing 1 as much as are you willin to swear as near as as a matter of course as near as (pro- noun) can as a matter cf fact as a matter of law as far as as near as (pro- noun) can judge as near as (pro- noun) can tell as far as I am concerned as far as (pro- noun) can as far as (pro- noun) recol- lect as fast as as near as (pro- noun) could judge as near as (pro- noun) can recol- lect as quick as as quickly as as fast as (pro- noun) can -V as soon as as high as as soon as (pro- noun) can as is as it is "V as the case may be as they are 76 T HE GREGG RE FOR T / A' 2- as they will as they will be as there as there is as well as as well as (pro- noun) can at all events at all times at any rate at any time at any one time at that time at the same time at the time at what rate at what rate of p, / ?><7 f because of the fact before or after being duly sworn and examined being- first duly sworn being 1 first duly sworn and ex- amined be it remembered between the rom- plainant and defendant between the par- ties between them ^^ at what time between us beyond a reason- able doubt bill of particulars bill of sale brother-in-law brought to my at- tention burden of proof THE GREGG REPORTER 77 C-r by any means oan you not recol- lect by no means can you not re- member by the learned counsel for the defendant by the learned counsel for the plaintiff by the time can you not say can you recollect can you recollect whether or not by the witness by the witness on the stand by this action by this court can you not recol- lect whether or not oan you recollect whether there was can you recollect whether there were can you remember by you can you remember whether or not call the attention of the Court can you tell call the attention of your Honor can you tell whether or not call your atten- tion to the fact can it be possible can it possibly cannot say can you state whether or not circumstances of the case circumstantial evidence can you not common law 78 THd GREGG REPORTER conflicting 1 testi- mony contributory neg- ligence consider the weight of the testimony constitution of the United States cross examination 'lid he run away did I understand you to say did you ever describe to the jury did he get away THE GREGG REPORTER 79 did you not say to C me *> & do you believe ^~? did you not state X . ^~~- do you belong X"^ did you remain ^ away .X ^/ do you ever X^ did you see X" / do you have X'^ did* you see him X^ do you know any- thing ,X^ did you see the de- /^~* fendant do you know de- fendant X^ did vou see the ' plaintiff T do you know plaintiff s' did you tell (^ s do you know whether X^ did you tell him s do you know whether or not ^^^ did you tell me X^ do you know whether there X^ did you turn X^ P^ do you know whether there is ^X^ did you turn away X* sa^f do you know whether there was s' /\ direct examina- ^-e. tion ^ ^ do you know whether there \vm*e direct testimony documentary evi- dence does order, ad- judge and de- cree doth order, ad- judge and de- cree do you live do you mean by that do you mean to say do you not recol- lect 80 '/ HE (~, R I : .G G REPORTER do you not ree.,1 lect whether or not do you not recol- lect whether there do you not remem- execute and de. liver extra session f'ntlier-in-law di you not remem- ber whether or not do you recollect do you recollect whether do you recollect whether there was do you recollect whether there were do you remember do you remember whether do you remember whether or not do you reside 4 first instance first place first thing- first time for instance for the defendant for the plaintiff for the purpose for the purpose of. sustaining for the sake entirely imma- terial examination in chief excepted to for this action for this court execute and ac- knowledge from the evidence THE GREGG REPORTER 81 * further ordered, adjudged and decreed gentlemen of the jury *4 _ have you not ^/ have you seen ^T give your name to the jury / having been ~*^- go ahead and state ^-""~"~ he said to me ^~_ great deal & ~~~ he says to me . < o great many *S he wasn't "T 4 Grand jury g^S"' he wasn't there *r had been c^ he was quite <*- had been done S*f he would be & ( had there been 0f he would not be J have been ^r>^ how did you 2 have there &-**^ y how did you do 2 have you f^^^^^ 1 ' how did you do that 2. have you any <7>T es--- how did you make it 2s have you any doubt tf~ n ~ 1 ' how do you know 2, have you anything ^y^-a how do you re- member have you been how far 82 2. THE GREGG REPORTER how far away I cannot recollect cr\ ~y how long have how long have you been how long have you known I cannot recollect whether or not I cannot remem- lii'i- whether or not I cannot say whether or not how long have you > wasn't he <^ we find ^ wasn't he there 9 ^ we have i>^ wasn't the de- fendant =^_P we regard iM- wasn't the plain- tiff 2 & we regret r" was said ^^^ we want - was that * ' week by week ty ^ * was that meeting **~) week or so - was the when did you first when did you re- ply to the letter when did you first make w^hen did you first meet when did you first meet him when did you first see him when did you g-ive <= 7 when did you say when did you say it was when did you see -when did you go when did you tell him when did you in- quire when did you tell him that -when did you let when did you try when did you let me know when did you work when did you write when did you meet when was that 96 \vlu-n were you whore was the when you came where- w-re you when you next when you told him when you told us where did where did you where did you go where did you leave him where did you see where did you see him where do you re- side where it is where it was where- were you going which is the way which of them which one which way did you g-o which would be which you have why in the world will there not be will you please five - will you please ~( state will you please state whether or not will you state where it would will you state to the jury where was will you state whether or not THE GREGG REPORTER 97 will you swear you are aware X s - will you swear positively will you tell -vill you tell the jury will you tell us would not be certain would not be positive would not say would not swear year or so year or two year or two ago years of age years old yes or no yes sir Sf yes sir, I did for <^ ' a fact 2 r 7 r you are aware of the fact you are sure you have you have been you have not you ought to be you ought to have you must de- termine whether or not you will be governed you will find you will not you will not say you will re- member you will re- member that you will swear you will swear positively Court Testimony Exercise on Phrases ; ^ THE GREGG REPORTER 99 tsy r 7/ <^r c: <^~ C _ x- C KX) THE GREGG REPORTER e- THE GREGG REPORTER 101 102 T H I- C K I- G G REPOR T I- R> Testimony in Life Insurance Investigation y 304 T II E G R E G G R 1- I' O R 7 / A' eS y 2 THE GREGG REPORTER 105 <^l^> -O^-r r 106 T I! 1- (. A' E G G R / /' O R T E R ( e5> - v-7> Key to Plates Court Testimony Q. Do you know the plaintiff? A. Yes, sir. Q. How long have you been acquainted with him? A. Two or three years. Q. Where did you first see him? A. At Denison's, in August. Q. State whether or not you saw him at the time you mention. A. Yes, sir, I did. Q. Do you remember whether or not there were other members of the organization there at that time? A. I do not know whether there was or not. Q. What took place at that time? A. As near as I can judge, nothing was done. Q. Can you tell whether or not any definite action was taken in regard to the merging of your companies at this time? A. I do not remember; I do not believe there was. Q. Tell what you did. A. I took notes. Q. What do you mean by that? A. Well, I was to make a full report. Q. Did you make it? A. Yes, sir. Q. Have you got it? A. No, sir. Q. To whom did you turn it over? A. I do not recollect; to Mr. Denton, I believe. Q. Now I will ask you to state whether or not you turned the report over to Mr. Denton at that time? A. Yes, sir, I did. That is all. Charles Harmon, called on the part of the plaintiff, testi- fied as follows: Direct examination by Mr. Martin: Q. What is your name? A. Charles Harmon. Q. Where do you reside? A. 19 Burton Place. Q. What is your age? A. 52. 108 T II E G R E G G REPORTER Q. What is your business? A. Manufacturer of auto- mobiles. Q. Where is your place of business? A. 710 Manhattan Building. Q. Do you know the plaintiff in this case? A. Yes, sir. Q. How long have you known him? A. As near as I can recollect, about five years. Q. Where did you first meet him? A. At a meeting held at Denison's some years ago; in August, I believe. Q. Had not a temporary organization already been per- fected before this meeting that you speak of took place? A. Yes, sir. Q. You were present? A. Yes, sir, I was. Q. What was the object of that meeting? A. Well, there had been some talk of an agreement among the manu- facturers of automobiles. Q. Was that meeting for the purpose of forming an organization? A. I believe it was. Q. Will you state to the jury just what was done at that time? A. As near as I can remember, it was adjourned. Q. \Vho presided? A. Mr. E. S. Denton. Q. Will you tell us who was present besides yourself and the plaintiff? A. I cannot remember. Q. Was Mr. Ramsey there? A. I do not remember. Q. Was Mr. Shaw there? A. I believe he was. Q. Was Mr. Madden there? A. I do not know whether he was or not. Q. Was he there? A. I do not know; I do not remember. Q. Can you remember the names of other persons present? A. No, sir; I cannot. Q. What was the sense of that meeting? A. As far as I know, nothing was accomplished. Q. You state this meeting was adjourned? A. Yes, sir. Q. When it was called again were you present? A. I cannot remember whether or not the adjourned meeting was ever held. Q. When was the last time you saw Mr. Denton? A. Day before yesterday. Q. Did you have any conversation with him at that time? A. Yes, sir. THE GREGG REPORTER 109 Q. Will you tell just what was said? A. Nothing in regard to this movement for an organization. Q. Give the details of that conversation. Objected to. Objection sustained. Q. Did you at any time have a conversation with Mr. Denton about this adjourned meeting? A. No, sir; I did not. Q. Now, as a matter of fact, were you and Mr. Denton not the prime movers in this organization scheme? Objected to. Objection sustained. Q. Did Mr. Denton ever approach you with this organiza- tion scheme? A. It might have been brought to my attention by him. I am not sure. Q. Let me call your attention to the fact that Mr. Denton in his testimony stated that you and he had entered into some kind of an agreement; will you state what that was? A. Yes, sir; that was some time ago; my memory is not very clear on it. Q. Did you have an agreement? A. We intended to organize the manufacturers; I do not remember an agreement. Q. Answer the question. A. I do not know; there might have been. Q. Will you state to the jury whether or not any such agreement existed between you and Mr. Denton? A. I do not know whether there was or not. I do not know perhaps. Objected to. The Court: He says he does not know. Q. Now, as a matter of fact, did you and Mr. Denton not get together on this question about the first of April in the office of Mr. E. B. Oden's Manufacturing Company? A. No, sir. Testimony In Life Insurance Investigation Q. You said he (Harriman) told you that you would not be able to carry out your plan against his opposition what opposition did he say he would give? A. He said his whole influence would be against me. Q. Did he say his political influence would be used against you? A. Yes. Q. Did he refer to the Legislature? A. He referred to probable legislative action. He said that the Legislature would probably take action. Q. Did he say whether it would be in the form of legis- lative investigation? A. My recollection is that he said " legis- lative action some legislative action." Q. Can you state the substance of what he said? How did he put that with regard to legislative action? A. I think that he said that legislative action would probably result through his influence, either for or against my plans. Q. Did he tell you that if you acceded to his request his influence would be thrown in your favor? A. That was plain. Q. Did he tell you that if you did not divide the control with him his influence would be thrown against you? A. Yes, that his whole influence would be against me. Q. And that there would probably be legislative action? A. Yes. Q. Did he refer to the political influence that he would exert at the interview at which Mr. Root and Mr. Cravath were present? A. My recollection is that he did. Q. He told you that his influence was important, and you understood that in refusing to bring about his wishes you were taking chances, and with that understanding did you refuse? A. Yes. Q. And you told him the management of the Equitable would be entirely independent? A. Independent of him and everybody else. Q. You are sure you told him this? A. I am sure. Q. Why were you not willing to have Mr. Harriman name two trustees to go in with those named by you, as that would have been a majority? A. That Is true, but I was determined to try to carry out the plans I have formed. THE GREGG REPORTER 111 Q. When did you purchase the Hyde stock? A. On Fri- day I believe it was June 9, 1905. Q. And when did you have the first conference with Mr. Harriman? A. I believe it was the next day, Saturday; but it was not until the next conference, on Monday, that Mr. Root and Mr. Cravath were present. Q. What did Mr. Harriman say? A. He said he thought he ought to be allowed to share in the stock and have an equal voice with mine in the management of the affairs of the Equit- able. Q. What did you say? A. I declined. He then said that if I allowed him to share the stock and to name two trustees to act with my three he would assent. He said he did not think I could carry out my plan without his aid. Q. What was your reply? A. I said that in the interest of the policy holders and of the public in general I would be glad to have Mr. Harriman's co-operation and that of any other man situated like him. But I told him I regretted that I could not comply with his request; I could not give up my intention of holding the stock. I told him I was going to carry, or try to carry, out my plan as I had mapped it out. Q. Did you have any further interview? A. No, I did not. I told him over the telephone there was no use of talking about the matter, that I would not change my mind, and that ended it. Q. In that telephone interview did he repeat anything about the consequences of your refusal? A. Not that I re- member. Q. I asked you on Friday this further question: " Did Mr. Harriman say there would be any result injurious to your interests in case you refused to permit him to share in the ownership? " A. Mr. Harriman said that his active influence, including his political influence, would be against me. Gregg Speed Practice A Manual of Speed Dictation Combined with a Review of the Principles of Gregg Shorthand Carries the Student from theory to practice 258 pages; cloth. GREGG SPEED PRACTICE The most copiously illustrated dictation book on the market Price One Dollar; Postpaid $1.10 THE GREGG PUBLISHING CO. 151 Wabash Ave., Chicago 1123 Broadway, New York THE GREGG WRITER Jl Monthly Magazine Devoted to Shorthand, Typewriting and Commercial Education VOL. X. No. 7 MARCH 1908 Contains a "Learners' Department," with numerous helpful suggestions for students advanced reading and writing exercises, a "Reporters' Department," etc. Single copy Ten Cents; subscription per year One Dollar THE GREGG PUBLISHING CO. CHICAGO NEW YORK GREGG PUBLICATIONS, ETC. GREGG SHORTHAND MANUAL. Bound in cloth. .. $1.50 PROGRESSIVE EXERCISES IN GREGG SHORT- HAND. These exercises are intended to test the student's knowledge of each lesson and to de- velop independent reading and writing ability... .50 GREGG SPEED PRACTICE. 272 pages. A combina- tion of reading and writing exercises and dicta- tion practice, copiously illustrated with short- hand forms; designed to afford a comprehensive review of the principles of Gregg Shorthand and to provide material for developing speed, $1.00; postpaid 1.10 THE GREGG REPORTER. By John R. Gregg. 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A monthly magazine, con- taining a "Learners' Department," with numerous helpful suggestions for students, advanced writ- ing exercises, etc. Single copy, 10 cents; sub- scription per year 1.00 THE GREGG PIN. A blue and white emblem, gold lettering, representing the ellipses on which Gregg Shorthand is founded; in two styles pin and button 30 THE GREGG PUBLISHING COMPANY Chicago New York UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. JUL JL O MAY 2 s 1979 Form L9-10m-3,'48(A7920)444 UNIVERSITY ol AT A 000 570 381 4