CROPPER, contracts. One who, having no interest in the land, works it in consideration of receiving a portion of the crop for his labor1. 2 Rawle, R. 12.
CROSS. contracts. A mark made by persons who are unable to write, instead of their names.
2. When properly attested2, and proved to have been made by the party whose name is written with the mark, it is generally admitted as evidence of the party's signature.
CROSS ACTION. An action by a defendant3 in an action, against the plaiutiff in the same action, upon the same contract, or for the same tort; as, if Peter bring an action of trespass4 against Paul, and Paul bring another action of trespass against Peter, the subject of the dispute being an assault and battery, it is evident that Paul could not set off the assault committed upon him by Peter, in the action which Peter, had brought against him; therefore the cross action became necessary.
CROSS BILLS, practice. When an individual prosecutes5 a bill of indictment6 against another, and hte defendant procures7 another bill to be found against the first prosecutor8, the bills so found by the grand jury are called corss bills. The most usually occur in cases of assault and battery.
2. In chancery practice it is not unusual for parties to file cross bills. Vide Bill, cross.
CROSS-EXAMINATION, practice. The examination of a witness, by the party who did not call him, upon matters to which he has been examined in chief.
2. Every party has a right to cross-examine a witness produced by his antagonist9, in order to test whether the witness has the knowledge of the things he testifies and if, upon examination, it is found that the witness had the means and ability to ascertain10 the facts about which he testifies, then his memory, his motives11, everything may be scrutinized12 by the cross- examination.
3. In cross-examinations a great latitude13 is allowed in the mode of putting questions, and the counsel may put leading questions. (q. v.) Vide further on this subject, and for some rules which limit the abuse of this right, 1 Stark14. Ev,. 96; 1 Phil. Ev. 210; 6 Watts15 & Serg. 75.
4. The object of a cross-examination is to sift16 the evidence, and try the credibility of a witness who has been called and given evidence in chief. It is one of the principal tests which the law has devised for the ascertainment17 of truth, and it is certainly one of the most efficacious. By this means the situation of the witness, with respect to the parties and the subject of litigation, his interest, his motives, his inclinations18 and his prejudices, his means of obtaining a correct and certain knowledge of the facts to which he testifies the manner in which he has used those means, his powers of discerning the facts in the first instance, and of his capacity in retaining and describing them, are fully19 investigated and ascertained20. The witness, however artful he may be, will seldom be able to elude21 the keen perception of an intelligent court or jury, unless indeed his story be founded on truth. When false, he will be liable to detection at every step. 1 Stark. Ev. 96; 1 Phil. Ev. 227; Fortese. Rep. Pref. 2 to 4; Vaugh. R. 143.
5. In order to entitle a party to a cross-examination, the witness must have been sworn and examined; for, even if the witness be asked a question in chief, yet if he mahe no answer, the opponent has no right to cross-examine. 1 Cr. M. & Ros. 95; 1 16 S. & R. 77; Rosc. Cr. Ev. 128; 3 Car. & P. 16; S. C. 14 E. C. L. Rep. 189; 3 Bouv. Inst. n. 3217. Formerly22, however, the rule seems to have been different. 1 Phil. Ev. 211.
6. A cross-examination of a witness is not always necessary or advisable. A witness tells the truth wholly or partially23, or he tells a falsebood. If he tells the whole truth, a cross-examination may have the effect of rendering24 his testimony25 more circumstantial, and impressing the jury with a stronger opinion of its truth. If he tells only a part of the truth, and the part omitted is favorable to the client of the counsel cross-exaimining, he should direct the attention of the witness to the matters omitted. If the testimony of the witness be false, the whole force of the cross-examination should be directed to his credibility. This is done by questioning him as to his means of knowledge, his disinterestedness26, and other matters calculated to show a want of integrity or veracity27, if there is reason to believe the witness prejudiced, partial, or wilfully28 dishonest. Arch. Crim. Pl. 111. See Credible29 Witness.
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