Page:Held to Answer (1916).pdf/431

 Hampstead started, and his eyes kindled, but he did not speak. The Court, however, did.

"In view of the fact," interposed his Honor, "that Doctor Hampstead is unrepresented by counsel and taking no advantage of a technical defense, I will remind you, Mr. Searle, that your last question calls for a conclusion of the witness. She may testify where he was looking, but she cannot tell what she thinks his actions implied."

"Of course, your Honor, that is right," confessed Searle quickly. "The witness is somewhat hesitant and embarrassed, and the form of my question was inadvertent. Under the circumstances," he added suavely, "I am being especially careful not to take advantage of the defendant."

"That must be apparent to all, Mr. Searle," the judge palavered in return.

"Where was he looking?" queried Searle.

Having been properly coached by the attorney's question and his reply to the judge, the half frightened girl faltered:

"He was looking out, as if watching for an opportunity."

Color mounted to the cheeks of the judge. Searle looked properly surprised. The defendant smiled cynically.

"Strike out that portion of the answer which involves the conclusion as to why he was looking out," instructed the judge solemnly to the reporter.

"Certainly," exclaimed Searle apologetically. None the less, he was satisfied with his manœuvre. He knew the effect of the little French girl's conclusion could not be stricken out of the mind of the judge who had heard it expressed, nor out of the mind of the public before whom he was in reality trying his case.