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This practice was established by Francis 1, and was authorized by the commissioners who prepared the Ordi nance of Louis XIV in 1670. A mis take seems to have been the cause of it. Voltaire explains from Bernier that a passage in the civil law had been mis understood-a passage enjoining wit nesses, intrare judicii secretum, which only signiﬁes that they should enter the

judge's private chamber, but does not direct that they should be secretly ex amined. ACTIONS SPEAK LOUDER THAN WORDS

serious consideration, and that was, I admit, a masterly piece of cross-exami

nation, namely the cross-examination of our friend the Major. It was so con vincing, so forceful, that I took the pains to have it written out, and I think,

in justice to my brother, that I ought to read it. Q. On what side of the cutting table did you go? A. On the side where the water come, that side. The cutting table is more over the centre of the floor. Q. Now let us see. A. Just like this now.

Q.

Here is the oﬁice door.

HE following anecdote sent us by

A.

I pass through that.

F. Rockwood Hall, Esq., is a

Q.

And you went on that side of the

typical illustration of how

ridiculous

and absolutely nonsensical the exami

nation of a witness, which was perfectly intelligible at the time, may appear when in cold type without the ac companying gestures or plan.

A clothing manufacturer brought suit to recover damages from the defendant, who occupied the floor directly above the plaintiff's workrooms, for negligently allowing a sink on the defendant's premises to overﬂow, and water there

table?

A. Q. A. door, Q. A.

I went on this side. There is the oﬁioe door. I just come right in the ofﬁoe and went down that way. Why did you say this side ﬁrst? I went the side where the boxes

is on.

I said this side; you misunder

stood me. Q. Why did you say this side ﬁrst; how did that happen? A. It happened this way, that the

from to fall on the plaintiff's goods piled on cutting tables in his workshop, thereby injuring them. At the trial the janitor of the building, an old colored

Q. What direction did you point in with your hand when you said that side

man familiarly known as “the Major," was called as a witness, and was cross examined by the plaintiff's attorney as to the position of these tables relative to the falling water. He testiﬁed on

come in between the boxes and the table; I come along that side. ' Q. Didn't you point to that end?

this point with the aid of a diagram and with considerable gesture. The evidence was taken stenographically, and the

following extract from the defendant's argument is delicious and straight to the point: —

"There is only one piece of cross examination which is worthy of any

table —

ﬁrst? A.

A.

Coming into the door, then I

I point this end that the table was

more near that way. Q. Didn't I ask you on what side of the table; and didn't you say on that side I’ A. Yes, sir. Q. You said that side, didn't you? A. When I said that side I meant this side.