The index, whether it is placed on the title page or not, follows the title and contains columns for the witnesses' names, and for the placing of the page number whereon will be found the Direct Examination, Cross Examination, Re-direct Examination, and Re-Cross Examination, in case the testimony should go that far), of each witness.

Where there is a Rebuttal, the Rebuttal follows further down on the regular index, and if the same witness shall have testified both in the general case and in the Rebuttal, that witness' name would appear in both places, and in Sur-Rebuttal, still further down, if he should be there called. See illustration on page 174.

To keep the transcript of evidence clean and intact, heavy stiff board backers, generally colored, are used, which may be obtained of any stationer or of a type-writer agency, for cases which are so large that they cannot be folded, in which case the title page which we have described must be duplicated on that front board cover, and sometimes where the index to the testimony is short, that is also included on that cover. This may be written with a type-writer or engrossed with a pen but some reporters with a great deal of work have blanks printed which they fill out to suit the case. This, however, is not necessary.

When the case is small enough to allow the testimony to be folded and filed away like deeds and other legal documents, then the backing is made on heavy colored paper, and a brief description of the title only given, as in Figure 2 of the two backers shown on page 172. When the title page is thus abbreviated it must only be when the full title page is written on the first white sheet within the cover, according to preceding general directions and illustration on pages 173 and 174.

Hearings in chambers or before Masters in Chancery, depositions, etc., should be treated, as far as evidence is concerned, precisely as a case in court, with the exception of the omissions of Plaintiff and Defendant headings, as here such testimony is ex parte, and, therefore we do not need any such words as Testimony for Plaintiff to be shown on the transcription, the deposition or evidence simply starting with the witness' name, if there be more than one witness, and, if only one, then simply starting off something as follows: "In answer to interrogatories, the witness deposed and stated as follows;" then, on next line "Direct Examination," and on line after that "By Mr. ------," after which follows the questions and answers, as in a regular case; and, when any papers are introduced as evidence, either in these cases or in court, such papers are marked for identification, either by the judge, one of the lawyers, or the court reporter - such marks being "Exhibit 1" or "2" or "3," as the case may be, sometimes naming the lawyer who introduced them, as "Exhibit I, Eastman," meaning the first exhibit of Mr. Eastman. Often, instead of figures, letters are used, such as "Exhibit A" or "Exhibit B," etc. When such documents are handed to the reporter for marking, the reporter should mark across the back of them, somewhat like this: "Exhibit 1" or "2," "A" or "B" Eastman, then the date in figures like: "1, 19, 92," followed by the reporter's own name, and sometimes, the case name in brief, like: N. Y. C. R. R. Co. vs. Patrick Henry.

As soon as a witness has made such a deposition in chambers, the reporter should hand his note book to the witness, and get the witness to sign that testimony, which act signifies the termination of it, and is an endorsement to the evidence given. This is not done in court.

By attentive notice of the variations in the Actual Court Cases and illustrations of them, presented in this part of our book, any intelligent phonographer can make a correct transcription, title page, and backer, for any case that can occur anywhere; for he or she should bear in mind that while the particulars named are necessary to be included in such transcript, still it is a fact that there are a great many differences of opinion and preferences regarding style among lawyers, and even if you should arrange these matters somewhat differently from what the lawyer you are working for, would arrange them, remember you are just as apt to do it better than he can by giving your own ideas of originality a chance, and are more apt to produce this effect, than you are to displease him for, as a rule, lawyers know more about points of law than they do these little particulars just mentioned, which they generally leave to their clerks and take very little notice of, as long as it gives the information, and unless it be better done than they ever saw it done before, which is most likely to be the case, if you will follow the directions given in this book, improving on them where you can, for most reporters and law clerks are sadly deficient in these respects, a fact which was particularly shown at the time of the first introduction of the type-writing machine, which opened up a field for the making of neat transcripts unthought of before.

These title pages, both inner and outer, and the index, may be ornamented with double lines and red ink ruling, if the reporter has an eye for ornament, although these matters are more adapted to the make-up of deeds, mortgages, and other legal documents for which a big price is paid and a little extra time expended upon.

While we are about it, we might as well add that many lawyers are as poorly posted on the making of legal forms as they are on proper sort of transcriptions, and if they have a well posted clerk, rely on him for this minutia, or else consult Corbin's Book of Forms, which contains all legal forms and is as necessary to a lawyer as a dictionary is to an editor, and can be bought by any one, so that the shorthand writer who desires to post himself on legal forms, can purchase and possess in that book an unimpeachable authority. When he purchases that book, which can be done from any publisher of law books, he will have, in one publication, more and better information than any lawyer has time to or can give him.

Some reporters profess to believe in the advisability of editing their court transcripts. To this he author would say, that such a mode of treating court notes is not only inadvisable but highly improper, and excusable only in a reporter who is not able to take all the testimony. It matters not how ungrammatical either witnesses, lawyers or judges, talk, the stenographer has no right to change the wording; neither has he a right to omit unimportant or superfluous words, such as the words "well," "now," or other words with which some lawyers begin their questions.

It does not matter how bad the English is, the duty of the reporter who uses shorthand is to make a verbatim report, and if he omits those unimportant words, the fact of the omission casts suspicion on the entire transcription, while the attempt to edit in any other way, may have the effect of interfering with the course of justice, and, in a criminal case, a man's life may hang on the turn of a word, while, in all cases of appeal, where the decision for a new trial rests on the transcription, the change in wording may work a great injustice to either party. The shorthand writer, therefore, in the opinion of the author, has no right to play the editor with his transcripts, as it is his business solely to furnish a complete record of the proceedings, in the exact language used in evidence, irrespective of grammar or rhetoric.

The attorney will dictate the title page that he desires for these hearings, so that should be taken verbatim, but in case the attorney forgets to start a hearing in chambers in this way, the reporter should ask for the title, before the witness is examined, take it down, and produce it verbatim, as shown on page 173.

Abbreviation for a title of a folded backer of a deposition is shown by Figure I below. Figure 2 is an abbreviated form for title on folded backer of a regular case. Change to suit the case.

Figure 1.

In Chancery. Circuit Court,Cook Co.

The Crandalle Company vs. The West Lexington Railway CO. The West Pullman City RY. CO. Et al.

Bill And Supplemental Bill.

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Supplemental Bill. Deposition of Randall S. Parkins, Esq., April 6, 1883.

Figure 2.

State Of Illinois. County Of Cook.

United States vs. Millmann, Et Al.

In the United States District Court for the Northern District Of Illinois.

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December 3d, 1874.

In Chancery.

The Crandalle Company vs.

The West Lexington Railway Co.,

The West Pullman City Railway Co.

Et al.

Circuit Court, Cook County, Ill.

Bill And Supplemental Bill , of the Crandalle Company vs. The West Pullman City Railway Co. Et Al.

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Supplemental Bill. Deposition of Randal S. Parkins, a witness produced, sworn and examined in behalf of the Complainant in the Supplemental Bill, in pursuance of a notice hereunto attached, said deposition to be used upon the trial of said cause and supplemental cause. Said deposition taken at the office of said witness, 73 Jack st.,Chicago, April 6,1883,at 11.20 a.m.

Present: James Ironwork, Esq., Solicitor for the Complainant. W. A. March, Esq.. Counsel for Defendants.

In The District Court Of The United States For The Northern DisTrict Of Illinois. December Term, A. D., 1874.

United States vs.

Millmann, Et Al.

Before Judge Plancnett.

Jury Waived. Chicago, December 3, 1874.

Appearances. For the people;-U. S. Attorney N. Wing. For defendant Abram Marshall--J. White, Esq. " " C. F. Norton;-Wills & English.

• " L. E. Winters-" " "

Defendant W. A. Smith unrepresented by counsel. Defendant P. M. Green excused because of a mistake in the spelling of his name in the indictment.