Page:The Green Bag (1889–1914), Volume 06.pdf/394

 The Judge's Story. would be good tactics to first break down the plaintiff's character and then demonstrate the defendant's title. This is the way it re sulted : — "Mr. Jefferson, do you know the plaintiff, Smith?" "Yes, sah." "Do you live in the same neighborhood he does?" "Yes, sah; we bofe lives in Rock Springs." "Do you know what kind of a character he bears among his neighbors for truth and honesty?" "He bears the wrus kind of character sah." Counsel for plaintiff objects. Cousel for defendant considers the objection well taken. "That is not the question. Do you know what the people in that neighborhood generally say of him?" "Cose I knows what dey say 'bout him, but I ain't come here to tell dat. I come to tell what I know about him myself." "No, you are not allowed to tell what you know about him yourself, but you are only allowed to tell what people say about him." "You don't mean dat." "Yes, that is what I mean." "Not much; I know better'n dat myself. I been about court house too much for you to talk dat way to me." The court at this juncture interposed, and endeavored to explain the situation to the witness, and he seemed at last reluctantly reconciled to the situation, then the exami nation by counsel was resumed. "Do you know what the plaintiff's gen eral reputation is in the vicinity in which he lives for truth and honesty?" "Now you want me to tell what de folks say, and not what I knows myself." "Yes." The witness gave an earnest look at the court, as if asking protection from the out rage, but finding the court seemingly as bad as the counsel, he said: — "Well, I heard Mrs. Shafer say dat he was de biggest liar in de world and dat he stole Mr. Shafer's geers out of the butcher-

361

shop, and I knowed myself dat he stole de geers because I seen 'im wid 'em." "That is not an answer to my question. I don't ask you what any one person says, but what the people say." "Dat is jes what I'm going to tell you, but I got to tell what one say at a time. I can't tell you what dey all say at once. Jerre Gibson told me dat he saw de man"— "I don't want to know what Jerre Gibson said nor what Mrs. Shafer said nor what anybody else said. I ask you what the man's general reputation is in the com munity for truth and honesty, and by that I mean what do all the people say about him?" "How in de name o' God can I tell you what dey all says about him when you won't let me tell you what one of 'em says about him?" Counsel and witness fenced with each other in this manner for a long time, with no other result than a loss of temper and a strong manifestation of disgust on both sides. At last the counsel made an effort at self-control and said : " Well, Mr. Jeffer son, since you and I can't understand each other on that branch of the case, let us leave it and go to the next subject. Now, I will get you to tell us what you know about this harness?" "Well, I knows all about dem harness, an' everybody around Rock Springs knows dem harness, and dey all sez de harness be longs by right to John Dickson." (Mr. Dickson was the defendant.) "Now, I did not ask you to tell what everybody says about the harness. I asked you what you knew about it yourself." "What I knows myself?" "Yes." "Why, ain't you been beating me down here for the last hour to keep me from tell ing what I knowed myself and try to make me tell what everybody say? I knowed dey wasn't no sense in dat, and I ain't goin' to stan' up here and let you make a fool o' me no mo'." And the witness arose in disgust and .walked down from the witness stand and out of the court-room. The defendant's coun sel never rallied, and the verdict was for the plaintiff.