A Great Witness

Some of the greatest wisdom comes from kids. Sam was 6 years old and on his way to school. He was crossing the street at the corner in the marked cross walk, when a car made a right turn and struck him. He fell back and suffered an injury to his elbow. The lawyer for the insurance company was out to depose Sam. He knew he could not have him sworn as an adult to give testimony but he was set on getting the story from his side.
It goes something like this:
Lawyer for he Driver: "Sam, I am a lawyer who represents this lady with whom you had this accident. I'm going to ask you questions and if you do not understand them, tell me and I will do my best to repeat it so that you will understand. Is that all right?"

Sam: Yes Sir

Lawyer: What is your name?

Sam: Sam Busby

Lawyer: Where do you live?

Sam: 30 Rock Street.

Lawyer: How old are you?

Sam: Six years old

Lawyer: What school do you attend? Oops sorry, what school do you go to?

Sam: Douglas Avenue School

Lawyer: is that the name of the school?

Sam: Douglas Avenue elementary school.

Lawyer: Before this accident happened, where had you been coming from?

Sam: Home

Lawyer: Just before the accident where were you?

Sam: On the corner waiting for the light.

Lawyer: Is that were the accident happened?

Sam: Yes Sir

Lawyer: Did anyone teach you how to cross the street?

Sam: Yes Sir.

Lawyer: Who taught you?

Sam: My teacher and my mother.

Lawyer: What did they teach to you?

Sam: To cross at the corner in between the two white lines. To wait for the light to be green for me to cross. To look both ways before I step off the sidewalk into the gutter.

Lawyer: Is that what you did at the time of the accident?

Sam Yes Sir:

Lawyer: When you looked both ways did you see the car with whom you had the accident?

Sam: No Sir.

Lawyer: You told me you looked both ways is that right?

Sam Yes Sir

Lawyer and you did not see her car?

Sam: No Sir she was not coming across the road. She was coming on the block along side me.

Lawyer: Did you hear any horn sound?

Sam: No Sir, there was no horn.

Lawyer: After you looked both ways what did you do?

Sam: I went between the two lines like my mom told me to.

Lawyer how many feet did you walk?

Sam: I don't know sir.

Lawyer: Do you understand what I mean when I say "feet"

Sam: No Sir, we haven't had that in class.

Lawyer: Do you know what a foot is?

Sam: No sir

Lawyer: After you stepped into the road between the two lines what if anything happened?

Sam: The Lady's car turned and hit me.

Lawyer: Did you see the car hit you?

Sam: I felt it.

Lawyer: What were you doing just before the car hit you.

Sam looking straight ahead.

Lawyer Before you stepped off the sidewalk into the roadway did you see any cars?

Sam: No Sir, I looked both ways and there were no cars coming.

Comment: Note that Sam answered only the questions put to him. He did not wander in his answers. He was respectful to his questioner and made an excellent witness. You can not prepare very young children as to what to expect in the questions that will be asked of him, for several reasons. One is that child may not remember the questions posed in preparation and Secondly it is unpredictable as to how they might answer a question put to them. Sam was not prepared. Since the lawyer could not swear him in he did ask him what happens when you lie. Sam answered you go to hell because a lie is bad. The attorney then asked him who told you that he answered his mother and minister in church.