Page:The Green Bag (1889–1914), Volume 24.pdf/299

 268

The Green Bag

and I am so sorry to have kept you all waiting," he said. Baughman watched and caught the old attorney's eyes, and riveted his own upon them. The wrinkled eyes were twinkling — yes, he saw they were laugh ing at him. What did it mean? Could it be possible that the old man had tricked him? If so, why? Was there any rea son why he did not want him to begin his argument to the jury at once? Yes, there was. The old man's argument had been before them for a full half hour. They had had time to fully consider it and receive its full effect. The concise, logical argument which Baughman was ready to launch into, had become some what confused by the long, impatient wait. The longer experience of the older attorney — yes, possibly even from personal experience in his youth, had enabled the old man to foresee this. "He has tricked me," cursed Baughman to himself, as his face reddened and there exploded within him all the pent-up fury that had been brewing during that long, impatient wait. Baughman jerked his eyes off the old man, and tried to calm himself. But he could not. He began his argu ment, which came in jerks, and almost causing him to stutter. His anger had the better of him, and he realized that his words carried no weight. Again he turned to the old attorney. His face was turned away from him, but Baughman could see he was chuck ling with laughter. man cursed to himself. "That is what I get for granting his request." And Baughman was sorely tempted to begin a personal tirade against the old man, but his better self stopped him with the admonition, "You don't have to prac tise law that way." Baughman caught himself and stood
 * Ki"I am convinced of it now," Baugh

and glared at the old man for a long while. Then gathering himself together he turned to the jury and briefly sum marized his case as best his anger would permit him. When he sat down he knew the jury had perceived the trick far better than his own words could have portrayed it. The old lawyer rose, rather abashed, and began to speak. The jury looked at one another and smiled. Then realiz ing that his trick had been discovered, he closed as best he could, and sat down and waited for the verdict. Within a few moments the jury re turned, bringing in a verdict for the full amount in favor of the young attor ney, in what had been up to that time a very doubtful case. A DILEMMA THE error of a clerk involved a de cidedly confusing situation in a New York case, confusing, at least, for the German person referred to. He might well have been pardoned, in the circumstances, for the incoherence of his testimony. On a jury day in the first district court a stolid-looking German presented to the justice a certificate from the com missioner of jurors. After a rapid glance at the document, the justice ordered the man to raise his right hand, and administered the oath. "Your name is Henry Dismer?" "Yes, your honor." "This paper," continued the court, "requests me to excuse Henry Dismer from jury duty on the ground that he is dead. Now remember that you have sworn to tell the truth, and think well before you answer. Are you dead?" "No-o, your honor," was the be wildered reply, "I don't think I am." "You claim that you are alive?"