Page:The Green Bag (1889–1914), Volume 17.pdf/572

 THE LIGHTER SIDE

545

THE LIGHTER SIDE THE ART OF CROSS EXAMINATION

BREWSTER, looking back through the mel lowing vista of ten hustling, not to say acro batic years of modern Chicago law practice, can smile now, but it hurt then. It was his first case. As he sat in the dingy justice shop on Cottage Grove avenue, he was aware that many of the conditions set forth in all lives of great lawyers, were absent. In the first place he was for the prosecution, and then there was no jury to rise in their places with an unanimous verdict of " not guilty " at the conclusion of a tearcompelling peroration on behalf of the helpless and innocent defendant. The case, as the surroundings, well illustrated the difference between the ancient and honored profession of law and the modernized "law business." There had been no spilling of hot blood, and no mysterious romance. The owner of a bicycle repair shop, finding business failing, had placed a chattel mortgage on the shop and contents, and then disappeared with everything. He had been arrested and Brew ster had been retained to see that Justice held the prisoner to the Grand Jury. While his dreams had pictured a far different first case, still he felt that here was an oppor tunity to show that the general complaint of the college man's lack of initiative is not always well-grounded and that the aggressive ness of the center rush can be utilized in the battle of life. The hearing was nearly con cluded, and the defendant was on the witnessstand. He had sworn that he knew nothing about the missing property. Brewster had proved suspicious circumstances, but no wit ness had been produced who had seen the prisoner in the act. The case seemed lost unless the prisoner could be discredited. Brewster resolved to break him down. Look ing the defendant full in the eye, he demanded at the point of his leveled forefinger: — "Prisoner, haven't'you been arrested before?" The hunted look of the pursued gleamed in the prisoner's eye. Shifting uneasily in his chair, he slowly murmured, "Yes; once." Triumph fluttered about Brewster's athletic figure as, springing from his chair, he thundered :

"Tell the Court where and for what you were arrested." Forcing the words from his unwilling lips the prisoner answered, "It was in Denver." "Yes," punctuated Brewster, "and for what crime?" Like a flash the witness answered: "For riding a bicycle without a light," Brewster's saving sense of humor enabled him to join in the general laugh that followed as the Justice dismissed the case, but he has yet to bulldoze another witness. HERBERT W. HOLCOMC. CHICAGO, ILL., Aug., 1905. Special pleading A story is told of one of the early practitioners at the Chittenden County (Vermont) Bar who was asked, during his examination for admission to the Bar, to explain the difference between a special issue and a general issue. His reply was that a general issue was where one party denied all the material allegations in the case, but he could not for a time recollect the nature of a special issue. Finally, after some en couragement and prompting from one of the examiners, his face brightened up, and in reply to a repetition of the inquiry as to what a special issue was, made answer that it was where both parties denied all the material allegations in the case. In doubt about the head. — Patrick Murphy while passing down Tremont street, was hit on the head by a brick which fell from a building in process of construction. One of the first things he did, after being taken home and put to bed, was to send for a lawyer. A«few days later he received word to call, as his lawyer had settled the case. He called and received five crisp, new Sioo bills. "How much did you get?" he asked. "Two thousand dollars," answered the lawyer. "Two thousand, and you give me 8500? Say, who got hit by that brick, you or me?" — Boston Herald. A Tennessee Judgment. — The following story is true as far as treacherous memory recalls, after the lapse of only a short year: