Most language is spoken language, and most words, once they are uttered, vanish forever into the air. But such is not the case with language spoken during courtroom trials, for there exists an army of courtroom reporters whose job it is to take down and preserve every statement made during the proceedings. Mary Louise Gilman, the venerable editor of the National Shorthand Reporter has collected many of the more hilarious courtroom bloopers in two books - Humor in the Court (1977) and More Humor in the Court, published a few months ago. From Mrs. Gilman's two volumes, here are some of my favorite transquips, all recorded by America's keepers of the word: > > > Q. What is your brother-in-law's name? A. Borofkin. Q. What's his first name? A. I can't remember. Q. He's been your brother-in-law for years, and you can't remember his first name? A. No. I tell you I'm too excited. (Rising from the witness chair and pointing to Mr. Borofkin.) Nathan, for God's sake, tell them your first name! > > > Q. Did you ever stay all night with this man in New York? A. I refuse to answer that question. Q. Did you ever stay all night with this man in Chicago? A. I refuse to answer that question. Q. Did you ever stay all night with this man in Miami? A. No. > > > Q. Now, Mrs. Johnson, how was your first marriage terminated? A. By death. Q. And by whose death was it terminated? > > > Q. Doctor, did you say he was shot in the woods? A. No, I said he was shot in the lumbar region. > > > Q. What is your name? A. Ernestine McDowell. Q. And what is your marital status? A. Fair. > > > Q. Are you married? A. No, I'm divorced. Q. And what did your husband do before you divorced him? A. A lot of things I didn't know about. > > > Q. And who is this person you are speaking of? A. My ex-widow said it. > > > Q. How did you happen to go to Dr. Cherney? A. Well, a gal down the road had had several of her children by Dr. Cherney, and said he was really good. > > > Q. Do you know how far pregnant you are right now? A. I will be three months November 8th. Q. Apparently then, the date of conception was August 8th? A. Yes. Q. What were you and your husband doing at that time? > > > Q. Mrs. Smith, do you believe that you are emotionally unstable? A. I should be. Q. How many times have you comitted suicide? A. Four times. > > > Q. Doctor, how many autopsies have you peformed on dead people? A. All my autopsies have been performed on dead people. > > > Q. Were you aquainted with the deceased? A. Yes, sir. Q. Before or after he died? > > > Q. Officer, what led you to believe the defendant was under the influence? A. Because he was argumentary and he couldn't pronunciate his words. > > > Q. What happened then? A. He told me, he says, "I have to kill you because you can identify me." Q. Did he kill you? A. No. > > > Q. Mrs. Jones, is your appearance this morning pursuant to a deposition notice which I sent to your attorney? A. No. This is how I dress when I go to work. > > > THE COURT: Now, as we begin, I must ask you to banish all present information and prejudice from your minds, if you have any. > > > Q. Did he pick the dog up by the ears? A. No. Q. What was he doing with the dog's ears? A. Picking them up in the air. Q. Where was the dog at this time? A. Attached to the ears. > > > Q. When he went, had you gone and had she, if she wanted to and were able, for the time being excluding all the restraints on her not to go, gone also, would he have brought you, meaning you and she, with him to the station? MR. BROOKS: Objection. That question should be taken out and shot. > > > Q. And lastly, Gary, all your responses must be oral. O.K.? What school do you go to? A. Oral. Q. How old are you? A. Oral. > > > Q. What is your relationship with the plaintiff? A. She is my daughter. Q. Was she your daughter on February 13, 1979? > > > Q. Now, you have investigated other murders, have you not, where there was a victim? > > > Q. ...and what did he do then? A. He came home, and next morning he was dead. Q. So when he woke up the next morning he was dead? > > > Q. Did you tell your lawyer that your husband had offered you indignities? A. He didn't offer me nothing; he just said I could have the furniture. > > > Q. So, after the anesthesia, when you came out of it, what did you observe with respect to your scalp? A. I didn't see my scalp the whole time I was in the hospital. Q. It was covered? A. Yes, bandaged. Q. Then, later on.. what did you see? A. I had a skin graft. My whole buttocks and leg were removed and put on top of my head. > > > Q. Could you see him from where you were standing? A. I could see his head. Q. And where was his head? A. Just above his shoulders. > > > Q. What can you tell us about he truthfulness and veracity of this defendant? A. Oh, she will tell the truth. She said she'd kill that sonofabitch - and she did! > > > Q. Do you drink when you're on duty? A. I don't drink when I'm on duty, unless I come on duty drunk. > > > Q. ...any suggestions as to what prevented this from being a murder trial instead of an attempted murder trial? A. The victim lived. > > > Q. Are you sexually active? A. No, I just lie there. > > > Q. Are you qualified to give a urine sample? A. Yes, I have been since early childhood. > > > Q. The truth of the matter is that you were not an unbiased, objective witness, isn't it. You too were shot in the fracas? A. No, sir. I was shot midway between the fracas and the naval. > > > Q. What is the meaning of sperm being present? A. It indicates intercourse. Q. Male sperm? A. That is the only kind I know. > > > Q. (Showing man picture.) That's you? A. Yes, sir. Q. And you were present when the picture was taken, right? > > > Q. Was that the same nose you broke as a child? Newsgroups: rec.humor.funny From: wand@ccs.neu.edu (Mitchell Wand) Organization: College of Computer Science, Northeastern University Subject: Annals of legal etiquette Keywords: chuckle Date: Tue, 28 Nov 95 4:30:11 EST Lines: 50 My wife received a copy of the following at her law firm. It purports to be true. For those of you who don't know, a "deposition" is a transcript of pre-trial testimony. These transcripts tend to be thick documents. To: all attorneys Subject: Depositions and Their Use A friend sent me the following portion of a transcript, which was confirmed with one of the counsel involved (Ms. Olschner) and subsequently posted on Lexis Counsel Connect. The transcript is from Birmingham, Alabama, although the use of a deposition of a party opponent "for any purpose" is also in the federal rules. We have no word on what had happened immediately prior to this exchange: The Court: Next witness. Ms. Olschner: Your Honor, at this time I would like to swat Mr. Buck in the head with his client's deposition. The Court: You mean read it? Ms. Olschner: No, sir. I mean to swat him [in] the head with it. Pursuant to Rule 32, I may use the deposition "for any purpose" and that is the purpose for which I want to use it. The Court: Well, it does say that. (Pause.) The Court: There being no objection, you may proceed. Ms. Olschner: Thank you, Judge Hanes. (Whereupon Ms. Olschner swatted Mr. Buck in the head with a deposition.) Mr. Buck: But Judge... The Court: Next witness. Mr. Buck: We object. The Court: Sustained. Next witness. End transcript. -- The following questions from lawyers were taken from official court records nationwide... 1) Was that the same nose you broke as a child? 2) Now, doctor, isn't it true that when a person dies in his sleep, in most cases he just passes quietly away and doesn't know anything about it until the next morning? 3) Q: What heppened then? A: He told me, he says, 'I have to kill you because you can identify me.' Q: Did he kill you? 4) Was it you or your brother that was killed in the war? 5) The youngest son, the 20-year-old, how old is he? 6) Were you alone or by yourself. 7) How long have you been a French Canadian? 8) Do you have any children or anything of that kind? 9) Q: I show you exhibit 3 and ask you if you recognize that picture. A: That's me. Q: Were you present when that picture was taken? 10) Were you present in court this morning when you were sworn in? 11) Q: Now, Mrs. Johnson, how was your first marriage terminated? A: By death. Q: And by whose death was it terminated? 12) Q: Do you know how far pregnant you are now? A: I'll be three months on November 8. Q: Apparently, then, the date of conception was August 8? A: Yes. Q: What were you doing at that time? 13) Q: Mrs. Jones, do you believe you are emotionally stable? A: I used to be. Q: How many times have you committed suicide? 14) So you were gone until you returned? 15) Q: She had three children, right? A: Yes. Q: How many were boys? A: None. Q: Were there girls? 16) You don't know what it was, and you didn't know what it looked like, but can you describe it? 17) Q: You say that the stairs went down to the basement? A: Yes. Q: And these stairs, did they go up also? 18) Q: Have you lived in this town all your life? A: Not yet. 19) A Texas attorney, realizing he was on the verge of unleashing a stupid question, interrupted himself and said, "Your Honor, I'd like to strike the next question." 20) Q: Do you recall approximately the time that you examined the body of Mr. Edington at the rose Chapel? A: It was in the evening. The autopsy started about 8:30 p.m. Q: And Mr. Edington was dead at the time, is that correct? A: No, you stupid, he was sitting on the table wondering why I was doing an autopsy! ------- End of Forwarded Message Date: Wed, 04 Mar 1998 08:26:57 -0800 Subject: Re: Court's in Session The following are actual statements made during court cases: Judge: I know you, don't I? Defendant: Uh, yes. Judge: All right, tell me, how do I know you? Defendant: Judge, do I have to tell you? Judge: Of course, you might be obstructing justice not to tell me. Defendant: Okay. I was your bookie. =================== >From a defendant representing himself... Defendant: Did you get a good look at me when I stole your purse? Victim: Yes, I saw you clearly. You are the one who stole my purse. Defendant: I should have shot you while I had the chance. ======================= Judge: The charge here is theft of frozen chickens. Are you the defendant? Defendant: No, sir, I'm the guy who stole the chickens. ===================== Lawyer: How do you feel about defense attorneys? Juror: I think they should all be drowned at birth. Lawyer: Well, then, you are obviously biased for the prosecution. Juror: That's not true. I think prosecutors should be drowned at birth too. ====================== Lawyer questioning his client on the witness stand... Plaintiff's Lawyer: What doctor treated you for the injuries you sustained while at work? Plaintiff: Dr. J. Plaintiff's Lawyer: And what kind of physician is Dr. J? Plaintiff: Well, I'm not sure, but I remember that you said he was a good plaintiff's doctor. ========================== Judge: Is there any reason you could not serve as a juror in this case? Juror: I don't want to be away from my job that long. Judge: Can't they do without you at work? Juror: Yes, but I don't want them to know it. ======================= Lawyer: Tell us about the fight. Witness: I didn't see no fight. Lawyer: Well, tell us what you did see. Witness: I went to a dance at the Turner house, and as the men swung around and changed partners, they would slap each other, and one fellow hit harder than the other one liked, and so the other one hit back and somebody pulled a knife and someone else drew a six-shooter and another guy came up with a rifle that had been hidden under a bed, and the air was filled with yelling and smoke and bullets. Lawyer: You, too were shot in the fracas? Witness: No sir, I was shot midway between the fracas and the navel. ========================== Defendant: Judge, I want you to appoint me another lawyer. Judge: And why is that? Defendant: Because the Public Defender isn't interested in my case. Judge (to Public Defender): Do you have any comments on the defendant's motion? Public Defender: I'm sorry, Your Honor. I wasn't listening. ================= Judge: Please identify yourself for the record. Defendant: Colonel Ebenezer Jackson. Judge: What does the "Colonel" stand for? Defendant: Well, it's kinda like the "Honorable" in front of your name. Not a damn thing. ======================== Judge: You are charged with habitual drunkenness. Have you anything to say in your defense? Defendant: Habitual thirstiness? ========================= Defendant (after being sentenced to 90 days in jail): Can I address the court? Judge: Of course. Defendant: If I called you a son of a bitch, what would you do? Judge: I'd hold you in contempt and assess an additional five days in jail. Defendant: What if I thought you were a son of a bitch? Judge: I can't do anything about that. There's no law against thinking. Defendant: In that case, I think you're a son of a bitch.