Page:The Art of Cross-Examination.djvu/244

 the coroner's inquest, do you still maintain the truth of what you have sworn to at this trial, as to seeing the nurse let the patient fall backward four or five times, and pick him up and laugh at him?"

Witness. "I certainly do."

Counsel. "I again read you from the coroner's minutes a question asked you by the coroner himself. Question by the coroner, 'Did you at any time while in the office or the large room of the asylum see Hilliard fall or stumble?' Answer, 'No, sir; I never did.' What have you to say to that?"

Witness. "That is correct."

Counsel. "Then what becomes of your statement made to the jury but fifteen minutes ago, that you saw him totter and fall backward several times?"

Witness. "It was brought out later on before the coroner."

Counsel. "Brought out later on! Let me read to you the next question put to you before the coroner. Question, 'Did you at any time see him try to walk or run away and fall?' Answer, 'No, I never saw him fall.' What have you to say to that?"

Witness. "Well, I must have put in about the tottering in my affidavit, and omitted it later before the coroner."

At the beginning of the cross-examination it had been necessary for the counsel to fight with the Court over nearly every question asked; and question after question