Page:The World's Most Famous Court Trial - 1925.djvu/113

 The Court—You mean raises the same questions?

Mr. Neal—It does, yes.

The Court—In different form?

Gen. Stewart—I would like to see the demurrer.

The Court—Did you give me the original?

Mr. Neal—Yes, sir; I gave you the original.

The Court—I have not it. Hand it to the attorney-general.

Mr. Neal—We will advise the attorney-general that the motion to quash, if he would substitute the word demurrer, is the same.

Gen. Stewart—Yes, I understand that, but we want to see the instrument filed as the demurrer.

The Court—Well, just let it be filed and then let the attorney-general see it.

Gen. Stewart—Is that the one the court has filed; I am asking, is that the one?

Mr. Neal—The original I handed to your honor.

The Court—I do not know. I have had so many papers, telegrams and letters, I may have laid it aside.

Mr. Neal—We will file this, may it please your honor, to satisfy the attorney-general. It will take only a moment.

The Court—All right, file that.

Mr. Neal—We file that.

The Court—Hand it to the clerk and let him mark it filed.

Gen. Stewart—I did not see it. I do not know just what objections we may want to interpose.

(At this point, Mr. Hays walked over to Gen. Stewart, standing in front of the judge's stand, whereupon)

Mr. Hays—I don't suppose you object to shaking hands, after this is all over? (Extending hand.)

Gen. Stewart (shaking hands with Mr. Hays)—That is all right.

The Court—The court will take a ten-minute recess.

(Court thereupon recessed for ten minutes.)

Mr. Hicks—If the court please, before you recess, we would like to call our witnesses.

The Court—Not just now.

The Court—I desire to announce to the press that my copy of the opinion fails to show my action on grounds "D" and "E" on page 9, just before the letter "F" on that page. Just after the word "fit" there should be written in, "The court is pleased to overrule these grounds," there being two incorporated and discussed together.

Dr. Neal—In regard to the demurrer, we have not been able—this copy was simply nothing but a memorandum and not complete, and if it so happens that the copy I gave your honor was the one that was filed—I did not find it there—we would like the record to show we filed the demurrer, and we will file it in the exact terms of the motion to dismiss.

The Court—This was a very—what time is it?

Gen. Stewart—11:13, your honor.

Mr. Neal—Let's dispose of this.

The Court—Oh, yes. This has required quite a bit of energy, as you must know, for the court to read the opinion that has just been delivered in the atmosphere by which he was surrounded, and I am inclined to adjourn the court and give you gentlemen an opportunity to get your demurrer together, or get from me the copy, if I can find it. I have so many papers I will do my best—that you might have your demurrer ready to file at 1 o'clock.

Mr. Neal—May I make a suggestion?

The Court—Yes.

Mr. Malone—I make it, as the court knows, with the greatest respect for your wishes, and I know you are worn out and you are tired, and yet I hope that it will be possible for all sides so to co-operate, so that we can move at a greater speed. I do not like to speak of personal matters, but we are lawyers with clients and the importunities are very great for us to speed up and return to our practice, and I hope we will be able to take as few adjournments as possible.

Gen. Stewart—There was a thing that occurred this morning in the absence of Mr. Malone and I heartily agree with his views. We are all lawyers, and I hope we can co-operate, and I am sure we will to expe-