The Witness Stand

augusta · Post by **augusta** » Thu May 10, 2007 12:27 pm

When Lizzie stood trial, all witnesses had to stand to testify. To this day, at the courthouse in New Bedford witnesses still have to stand in that square-shaped "thing" (dock? stand?).

Apparently it isn't a state law today. I've seen plenty of trials in Massachusetts where everybody testifies in a seat by the judge, like everywhere else.

I wonder why New Bedford - and it probably isn't the only one - has their witnesses stand like that?

I hope that when they remake the movie - as I believe some day they will - they put the witnesses standing, as they really were.

1bigsteve · Post by **1bigsteve** » Fri May 11, 2007 9:25 am

Perhaps the witnesses were kept standing in order to keep the "heat" on them, to keep them "on their toes" and honest?

-1bigsteve (o:

shakiboo · Post by **shakiboo** » Fri May 11, 2007 9:34 am

That' makes sense, why else would everyone else be allowed to sit. Even the accused got a chair! It deffinetly put you in the spotlight. Good grief, some of the witness's spent a long time standing!

Harry · Post by **Harry** » Fri May 11, 2007 10:30 am

I always assumed that is why they called it the witness "stand". Perhaps they stood so that they could be better seen and heard by the jury.

shakiboo · Post by **shakiboo** » Fri May 11, 2007 11:01 am

Aaaahhh, good thinking Harry!

Kat · Post by **Kat** » Fri May 11, 2007 1:25 pm

And the stenographer...

SteveS. · Post by **SteveS.** » Fri May 11, 2007 1:57 pm

I was under the same impression as Harry that they had to take the "stand" so they could be seen and heard clearly by the jury, judges and counsels. Maybe the inconvenience might keep some from giving false witness against thy neighbor? IMO.

1bigsteve · Post by **1bigsteve** » Sat May 12, 2007 11:58 pm

I think in England they make them stand, don't they, or am I all wet? Perhaps New England's ways were influenced by the courts in England?

-1bigsteve (o:

Fargo · Post by **Fargo** » Sun May 13, 2007 9:02 am

I would think that making the witnesses stand would work against the betterment of the Trial. Witnesses who are questioned for a long time might want to get out of there because they are uncomfortable, so their answers might be subconciously compromised.

doug65oh · Post by **doug65oh** » Sun May 13, 2007 11:46 pm

It's been awhile since I've seen a trial broadcast from the Massachusetts courts, but as best I recollect there is some "standing rule" - but it applies to attorneys rather than witnesses. That is, arguments, questioning of witnesses and so forth are conducted from essentially one spot, a central podium you might say. They are permitted with leave of the court to approach witnesses as circumstances warrant (and to approach the bench for consultation or conference) but that's it. When they're done they've got to go back where they were.

Now that I'm curious again, I'll see what I can find out about the application of that rule to witnesses.

-----------------
My suspicion was correct - I just remembered the last Massachusetts case I saw in which witnesses stood during their testimony. It was Commonwealth v. McCowan (the Worthington murder case). No idea how to find it, but I think that was one of the cases we may have discussed here.

No clue as yet to the history of that custom in the US except that Massachusetts is one of the very few states in which it does happen.

augusta · Post by **augusta** » Tue May 22, 2007 1:13 pm

Interesting posts! BigSteve1 - Yes, in England they do do it. I haven't seen a trial there where they did not stand front and center.

Well, back then they didn't have microphones, so that makes total sense that the witness would be heard better. And it's important for the jury to really see the witness's face and body language. I hadn't thought of either before. I just thought it was how they did it, that's all. But I'll bet you guys are right.

Geez, I don't know what they did for people who had long testimony. That's a good thought to ponder. Maybe take a short recess? I'm thinking of Bridget and Alice Russell, standing there in their corsets and all that clothing on. Well, at least electric fans were invented by 1893. I wonder if they used them in the courtroom?

I hope that when they remake the Lizzie movie, which someone eventually will, that they have the witnesses stand.

mbhenty · Post by **mbhenty** » Tue May 22, 2007 2:15 pm

Back in the 1970's I testified in a case in the very courtroom where Lizzie's trial was held in New Bedford. I was called up to the stand to give testimony and I sat in a chair. I did not stand at the "rail" or "stand".

augusta · Post by **augusta** » Tue May 22, 2007 2:33 pm

MB: Well, that's interesting. I wonder what the criteria is for what trials have witnesses sitting, and what ones have them standing? Maybe it's up to the judge?