Page:The Art of Cross-Examination.djvu/67

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CROSS-EXAMINATION OF PERJURED WITNESS

"Lincoln. 'Did you not see a candle there, with Lockwood or Grayson?'

"Witness. 'No! what would we want a candle for?'

"Lincoln. 'How, then, did you see the shooting?'

"Witness. 'By moonlight!' (defiantly).

"Lincoln. 'You saw this shooting at ten at night—in beech timber, three-quarters of a mile from the lights—saw the pistol barrel—saw the man fire—saw it twenty feet away—saw it all by moonlight? Saw it nearly a mile from the camp lights?'

"Witness. 'Yes, I told you so before.'

"The interest was now so intense that men leaned forward to catch the smallest syllable. Then the lawyer drew out a blue-covered almanac from his side coat pocket—opened it slowly—offered it in evidence—showed it to the jury and the court—read from a page with careful deliberation that the moon on that night was unseen and only arose at one the next morning.

"Following this climax Mr. Lincoln moved the arrest of the perjured witness as the real murderer, saying: 'Nothing but a motive to clear himself could have induced him to swear away so falsely the life of one who never did him harm!' With such determined emphasis did Lincoln present his showing that the court ordered Sovine arrested, and under the strain of excitement he broke down and confessed to being the one who fired the fatal shot himself, but denied it was intentional."

A difficult but extremely effective method of exposing

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