Page:The Art of Cross-Examination.djvu/278

This page has been validated.

THE ART OF CROSS-EXAMINATION

Laidlaw a tramp before he would get through with this case?"

Mr. Sage. "I have no recollection of any such thing."

Mr. Choate. "Will you swear you didn't?"

Mr. Sage. "I won't swear. I might."

Mr. Choate. "What?"

Mr. Sage. "I won't testify to what I have said."

Mr. Choate. "I want you to say whether you will swear that you said that you would see Laidlaw a tramp before he got through."

Mr. Sage. "I don't know."

Mr. Choate. "Do you not know that when the last juror was excused from the jury-box, or discharged, he stated in the presence of the court and the other jurymen that after the verdict rendered by the former jury in this case against you, Mrs. Sage went to him at Tiffany's and stated that the verdict was a great outrage, and that Mr. Sage would never pay a cent?" (This question was bitterly objected to by Mr. James, but allowed by the court.)

Mr. Sage. "I want to state right here, if you will permit—"

Mr. Choate. "The first business is to answer this question."

Mr. Sage. "I don't know it. I know that Mrs. Sage denied ever having said anything of the kind."

Mr. Choate. "You think the juror told a falsehood?"

276