Page:The Green Bag (1889–1914), Volume 24.pdf/619

 The Green Bag

574

same time we reserve all our sovereign rights." At this point of the narrative a stranger would always ask : — "And how did the prosecution end?" Whereupon the invariable response was: "Ah! that is quite another matter. There was no prosecution. We were only arranging what we should do when caught the robber; but we never caught him!" LEGAL FINESSE IT IS said that no lawyer ever pos sessed to such a degree as did Jeremiah Mason the instinct for "finding the weak point." As an illustration of this there is told how he once crossexamined a witness who had previously testified to having heard Mason's client make a certain statement. So im portant, it seems, was this statement, that the adversary's case was based on it alone. Mason put several questions, all of which the witness answered with more or less hesitation. Then he was re quired to repeat once more the state ment he had heard made. Without faltering, witness gave it word for word as he had given it in the direct examination. A third time did Mason lead the wit ness round to this statement, and a third time it was repeated verbatim. Then, without warning, Mason walked to the witness stand, and pointing straight at the witness said in a per fectly matter-of-fact way, "Let us see that paper you haveinyour vest pocket." Witness was taken completely by sur prise, and mechanically withdrew a paper from the pocket indicated, hand ing it to the lawyer. It was a profound silence that ensued in that court-room when Mason read, in a cold, unimpassioned tone, the exact

words of the witness in regard to the statement, and called attention to the fact that they were in the handwriting of counsel on the other side. Mason then gathered up his papery with great delib eration, remarked thlt there seemed to be no further need for his services, and left the court-room. A friend afterward asked Mason how he knew of the presence of the paper in witness's pocket. "Why," explained the great lawyer, "it seemed to me that he gave part of his testimony more as if he had learned it 'by heart' than as if he had heard it. Then, too, I observed that at each repetition of his testimony he put his hand to his vest pocket, and then let it fall again when he got through." A LEGAL CALAMITY SOME years ago Judge W. T. Wal lace, of San Francisco, was exam ining a candidate for admission to the bar. All questions had been satis factorily answered, and the lawyer-to-be had passed so brilliantly that Wallace decided to put a simple question to ter minate the ordeal. Gazing benignly at the young man he asked: "What is the liability of a common carrier?" Although lawyers the world over and from time immemorial had wrestled with this problem, though millions of words had been taken into the record of various cases in which this unan swerable question was involved, the fledgling calmly eyed the Judge and solemnly replied: "Your honor, I must beg you to with draw that question. I did know the answer, but unfortunately I have for gotten." For a moment Wallace reflectively gazed upon the young man, and then