Page:The Green Bag (1889–1914), Volume 14.pdf/458

 A Notable Case.

A

NOTABLE

WE wish to call the attention of our readers to the epoch-making case of Fitzimmons v. Jeffries recently decided at the Hilary Term of the Inferior Court of San Francisco before Greany, C. J. The following record of the trial, which has not, as yet, been reported in any legal periodical, may prove of interest.

415

CASE.

On cross-examination : " I am related to Mrs. Hittem Inde Slatz, but this fact does not prejudice me in favor of the plaintiff." Mr. Left Hook, being duly sworn, testi fied : " I hope the Court will pardon my voice, as I have had a very troublesome night. Yes, insomnia. I know both parties intimately, having lived with them since childhood's happy hours. I saw the plain DECLARATION. And the plaintiff says that some years tiff on the night in question. He did not ago he was possessed of a belt of great look cheerful. He was lying on his back value, and that the defendant vi ct armis, listening to a man who could count as high rudely, hostilely and without gentleness did as ten." On cross-examination : " Yes, I have had take away the belt aforesaid from the plain tiff and despoil him of it,' so that it was insomnia before; at Carson City and Coney wholly gone and not in the keeping of the Island. The plaintiff may have been com fortable. He was lying on his back. Some plaintiff at all, at all. And he further says that since the time one said he was asleep, but his face bore of the aforesaid impolite act various unsuc none of the marks of the cherubic sleep of infancy." (Objection sustained.) cessful claimants to the chattel have ap Count Stumik Punchiski : " I am much peared, notably one Tom who brought a bill interested in this case. I was present at against Jim. the end. I am a friend of the defendant Wherefore the plaintiff prays judgment. and work for him." PLEA. On cross-examination : " I admit the And the defendant denies each and every allegation of the aforegoing declaration, and plaintiff does not like me. I have been furthermore contends that it is insufficient called fast, but I can prove I am hard work in law. ing." His Honor then told the jury that if from At the trial much evidence was adduced the evidence they believed that the plaintiff by both sides. The following extracts com on the night of July twenty-fifth publicly prise the most important parts : Miss Solar Plexus, being duly sworn, tes lay upon the floor for the space of one-sixth tified : " I am a servant in the household of of a minute, their verdict should be for the a Mr. Corbett. I am familiar with belts of defendant. The jury, accordingly, without leaving all kinds, manual, leather and championship. I was present at the altercation between the their seats, brought in a verdict for the de parties to this suit on July twenty-fifth. I fendant. It is believed that the case will not be saw nothing that would lead me to suppose the plaintiff was entitled.to this belt." appealed.