Page:The Art of Cross-Examination.djvu/170

 "After some substantially immaterial matters on the part of the defence, the surgeon was called and was qualified as a witness. He testified that he was a man of great position in his profession. Of course in that I was not interested, for I knew he could qualify himself as an expert. In his direct examination he spent a good deal of the time in giving a very learned and somewhat technical description of the condition of my client. He admitted that my client's nervous system was very much shattered, but he also stated that it would probably be only temporary. Of all this I took little notice; for, to tell the truth, I had been up quite late the night before and in the warm court room felt a little sleepy. But the counsel for the road put this question to him:—

Doctor, to what do you attribute this condition of the plaintiff which you describe?'

Hysteria, sir; he is hysterical.'

"That waked me up. I said, 'Doctor, did I understand—I was not paying proper attention—to what did you attribute this nervous condition of my client?'

Hysteria, sir.'

"I subsided, and the examination went on until it came my turn to cross-examine.

"Mr. Butler. 'Do I understand that you think this condition of my client wholly hysterical?'

"Witness. 'Yes, sir; undoubtedly.'

"Mr. Butler. 'And therefore won't last long?'

"Witness. 'No, sir; not likely to.'