Lizzie Borden Society Forum

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.

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

-1bigsteve (o:

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!

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.

Aaaahhh, good thinking Harry!

And the stenographer...

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.

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:

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.

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.
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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.

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.

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".

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?