Page:The Green Bag (1889–1914), Volume 24.pdf/301

This page needs to be proofread.

270

The Green Bag

most stupid. Once, when he had made an unusually long address to the jury, another lawyer, who had been im patiently waiting to get the ear of the court, joked him on his prolix speech. "Did you see that fellow in the fus tian jacket?" asked Scarlett. "Well, I saw that his head could hold but one idea at a time, and I was determined to get my idea into it, and I did." In a breach of promise case Scarlett was counsel for the defendant, who was supposed to have been cajoled into the engagement by the plaintiff's mother. The mother was a witness, and com pletely baffled Scarlett in his crossexamination of her. To an ordinary advocate this would have been fatal to his client. But Scarlett turned it into a success. "You saw, gentlemen of the jury," he said, "that I was but a child in her hands. What must my client have been?' ' In an action for nuisance, the plain tiff's chief witness was a woman. She lived near the alleged nuisance and swore strongly in favor of the plaintiff. Scarlett began his cross-examination by inquiring about her domestic rela tions, her children and their illnesses. So sympathetically did he put his questions, that the lady became confidentialjand freely talked about her family affairs. The judge, thinking these matters irrelevant, interfered : but Scar lett begged to be allowed to proceed. On the conclusion of the cross-examina tion, he said : — "My lord, I call no witnesses. This lady has sworn that she has brought up numerous and healthy children in the vicinity of the alleged nuisance."

The jury, amused as well as convinced, gave a verdict for Scarlett's rlient. ENCOURAGING THE WITNESS THE bullying lawyer is unhappily still to be met with, and his con fusion is always the signal for rejoicing among the spectators. A distinguished Colonial judge recalls how he once tried a case in the Supreme Court of one of the British possessions. The learned barrister who appeared for the defendant had an unfortunate habit of bullying his own witnesses. If they did not answer him precisely as he wished, he would attack them with, "My dear man, do attend to me," or with, "If you can't speak up like a man, I must abandon your case." In this instance the defendant, whose name was Jonas, was rather obscure in his answers. Counsel questioned him more severely, but poor Jonas only grew more confused. At length the barrister became exasperated arid shouted: "My good man Jonas, do come out of that whale's belly of yours and answer my questions properly." This was too much for the judge, who could not restrain his amusement, while the witness was so infuriated that he refused to answer, and the case was lost. CAUSE AND EFFECT THEY were returning from the fun eral of their friend Mills, who but recently had begun the practice of law. "I understand," said Jenkins, "that Mills leaves very few effects." "It could hardly have been other wise," responded Brown; "he had so very few causes."

The Editor will be glad to retmtfor this department anything liktly it cnteriain tin rtaders af the Grent Bag in tht way of Itgal mniiquities, faatia, and fntcdlia.