英文法律词典 C-140

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.