| Me. | Jul 15, 1839
The opinion of the Court was by
The counsel for the defendant objects to the admission of the “ depositions of Samuel Getchell and Robert Getchell, so far as respected the answers to certain questions put by the plaintiff as being leading. He does so,” as he says, “ because he apprehends injustice has been done to his client, and because he wishes the Court to discountenance the practice,” and he declares that the “ future reputation of the Penobscot bar demands it, that the practice is to be arrested, or a witness is to be reduced to the position of an automaton, governed and controled solely by the pulleys and wires attached to him and the counsel.”
Attempts to lead a witness to communicate false impressions of facts to a court or jury call for severe animadversion. It is not to be doubted that questions are proposed which are characterized as leading. Such questions, when seasonably and properly presented to the consideration of the court by objection, are rejected for that cause. Still the great object of examination in chief and cross ex-
In 2 Stark. Rep. 105, 110, Rex v. Watson, on its becoming necessary on the part of the crown to identify three other prisoners, charged in the same indictment with the prisoner, Watson, it was objected, that the attention of the witness was too directly pointed to them. But the court held that the counsel for the prosecution might ask in the most direct terms, whether any of the prisoners was the person meant and described by the witness.
And in United States v. Gibert & al. 2 Sumner, 92, it was objected that the witnesses for the government were allowed, with the chart of the Mexican’s route on her voyage before them, to be asked the question, whether under the circumstances stated of the supposed time of starting of both vessels, the Mexican and Panda would or would not be likely to meet at the point marked on the chart The objection proceeded on the ground that under the circumstances the question became the leading question. Mr. Justice
Where the question was so framed as to indicate particularly the answer which the plaintiff wished, as in 6 Binney’s II. 483, Lessee of Snyder & al. v. Snyder, “ the words were,” by the court, said to be “ put into the witness’ mouth.” The question was, £< did said Bower assign to you as a reason why he would not bid more for the Isle of Cue, that he could buy Billing’s land for £3 an acre, and that in yearly instalments, which in his opinion was equally good with the Isle of Cue ?” Answer: “ He did tell me so, but I can’t tell at what time.” By Tilglman & Brcckenridge the objection was holden to be good.
It would certainly seem in the present case, that the 4th and 5th interrogatories to Samuel Qetchell, and the 6th to Bobert Getchett, were nearly’ as objectionable. In 2 Starkie R. 65, Nichols v. Dowdy & Kemp, Lord Mlenborough says, if the answers yes or no would be conclusive, the question would be objectionable, but in general, no objections are more frivolous than those which are made to questions as leading ones.
But the inquiry still returns, notwithstanding the interrogatories were deserving of the severe animadversions which they have received from the defendant’s counsel, whether there is for that reason cause for opening the action to another trial. It is to be recollected that the defendant was duly notified of the taking of these depositions but did not attend. We must therefore regard the neglect to attend as voluntary. And we cannot, under these circumstances, extend to him any greater advantages than we should if he had attended. Had he been present, and without objection, permitted the questions to be propounded, he would have been precluded from availing himself of the objection at the trial. By his interposing an objection before the justice, the question might have been varied, and addressed to the wutness in a form free from any objectionable character. It is too late. 7 Greenl. 181, Woodman v. Coolbroth, and cases there cited.
We do not perceive that injustice has been done to the defendant by the verdict of the jury, nor any call for the exercise of discretion to set it aside. We overrule the exceptions.
Judgment on the verdict.