Page:The Green Bag (1889–1914), Volume 16.pdf/782

 An Obliging Witness.

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AN OBLIGING WITNESS. BY EDGAR WHITE. A DAUGHTER was suing the estate of her deceased parents for services ren dered during the last days of their life. The plaintiff had called a very willing witness, a Mrs. Rodgers, who claimed to be a life long friend of the old people, and to have been with them a great deal of the time. She had testified with great fluency to conversa tions with the parents, in which she stated they said they "intended that Liza should be paid for her work." At the close of the plaintiff's evidence, the defense asked the Court to rule that plain tiff had failed to make out a case on which to go to the jury. The lawyers, after having the stenographer make a transcript of Mrs. Rodger's evidence, argued the point, and the Court was handed an armload of books containing decisions on similar cases, which he read. Then he said: "Gentlemen, it seems to me the plaintiff has failed to make a case by proving a con tract. Now, taking Mrs. Rodger's evidence, she says the old folks told her they intended to provide for all their children, and that 'Liza should have pay for her work.' I do not think that implies a specific contract with Liza any more than the rest of the girls. Now, if they said (in the light of these Missouri decisions), 'Liza, you go ahead and do this work for us, and we will pay you for it,' the claimant might have a case that would entitle her to go to the jury." Plaintiff's attorney: "Mrs. Rodgers did say that, your Honor." The Court: "But it nowhere appears in this transcript of her evidence."

Plaintiff's attorney: "Then the steno grapher failed to get it, for Mrs. Rodgers as sures me she said it, and it is my clear re membrance that she did." The Court permitted the verbose witness, who had been a most attentive listener to what had transpired since she left the stand, to be recalled. It was apparent she was ex tremely willing to make the facts fit the nec essities of the case, and the plaintiff's attor ney had the fullest confidence she would do the thing about right. So with a touch of exultation and some pomposity he said: "Mrs. Rodgers, it seems the stenographer missed an important part of your evidence. Please clearly repeat what the old people said in regard to telling Liza to go to work and paying her for it." "Well, sir," said the witness, as she scorn fully eyed the stenographer, preparatory to annihilating him, "they said to me that day: 'In the light of these Missouri decisions, Liza, you go ahead and do this work for us and we will pay you for it.' And more than that" Plaintiff's attorney, in disgust: "Never mind, that's enough. We will excuse you." The Court, dryly: '"There's nothing like old people eking decisions when they make contracts with their children. I suppose they kept 'em handy, on the shelf alongside the beeswax, candles, yarn, balls, etc. This wit ness has an excellent memory and''— Plaintiff's attorney: "O, well, find for the defendant, your Honor, but don't rub it in on us." ч -