324
The Green Bag
"What noise is that?" shouted the Justice, full of suspicion that the un friendly attorney was putting up a job on him. "It is only the echo of the Court, your Honor," said the attorney, smiling. Not in the least disconcerted, the Justice resumed his delivery. Soon, however, the attorney interposed with technical objections, just as the jack brayed again. "Hold on!" retorted the retaliating Justice; "one at a time, if you please." "LACKED THE ESSENTIAL ELE MENT OF TRUTH" IN THE thirties of the last century there were among the lawyers of the eastern Ohio border two of the strongest, both of whom had made en during records at the bar and on the bench and between whom a sort of Damon and Pythias relation long sub sisted. T. was fiery, quick tempered and tena cious in his likes and dislikes, once taken, though always eminently just at the bar or on the bench; the other, W., was mild, amiable and slow to anger — a just man and true. Along toward mid dle life, on the motion of T., they agreed that when either was of opinion that he noticed any weakening or breaking down of the mental power of the other, he should privately advise him of it and the act should not be resented or taken amiss. Years ran along; the three-score and ten had come and gone with each and they were still active in the profession and in prominent offices. One day they met in Steubenville, their former com mon home city, and in the course of a conversation W. said, "You remember, T., the agreement we made some twenty years or more ago?" "Yes."
"Well, I've been watching you lately and I've come to the conclusion that it is my duty, under that agreement, to tell you that I have observed some evi dences of failing mental power, on your part; you don't seem to —" T.: "You're a d d liar!" And so the cordiality of a life-long friendship came to an end. HAPPENINGS IN COURT I THE old attorney had apparently exhausted every method of dis crediting the witness, and with no ap parent success. Then hesitating as if in deep thought for a few moments, he continued in a low satirical tone as fol lows : — "Mr. Garibaldi, I just want to ask you a few more questions, which I want you to answer plainly and specifically: Is there a woman living with you who is known in your neighborhood by the name of Mrs. Garibaldi?" "Yes, sir," replied the witness. "Who takes care of her?" "I do."
"And you support her, too, don't you?" "Yes, sir." "Mr. Garibaldi, you have never been married to her, have you?" "No, no," smiled the witness some what embarassed, "she —" "That is all," concluded the old attor ney. There was a young attorney opposing him, and it was evident that he had been taken by surprise. Confounded and confused he stepped forward, and in a low, somewhat reproachful tone, asked: "Mr. Garibaldi, who is that woman? You never told me anything about her." "That — oh, that is my mother, you know," answered the witness innocently.
