The Impeachment of the Witness 227
tirading the plaintiff, who by the way was a member of the bar, with the most bitter remarks of being a privileged liar, a falsifier, and a perjuror, whose proper home was in the county jail, where the Court would have been obliged to send him had he listened to the testimony which was offered.
The court interrupted him and cautioned him for the tenth time to confine himself to the record in the case, concluding, "If such testimony was given, why didn't you call the judge who heard it to testify from his notes? He was available, and you had the opportunity."
"Why didn't I call that, Judge? Be cause he made them take a non-suit!" he retorted, and then began a most outrageous and scandalous attack on that judge, concluding: "If you could have seen Hopkins, who was so sore at me that he sat up there in his chair swelled up like a big, fat, red porpoise, with tears of rage rolling down his cheeks! Why, he almost sent me to jail. Pretty near! Why he even called me a shyster, and then in place of giving me judgment as I was entitled to, he turned to the plaintiff and made him take a non-suit! What good would it have done me to have called him!"
"Mr. ," interrupted the judge again. "Let me say this: You have defended this case as faithfully as I have ever seen any case defended. There was not a single point that you did not take advantage of, and if there was any evidence such as you now claim, I am sure you would have spared no effort to produce it. Besides, judgment has twice before been entered in favor of the plaintiff here, and each time you have had it set aside on some trivial technicality. Justice must be done some time, and as you have not shown a single authority to aid you in your motion, I must therefore overrule your motion for a new trial."
"Why, your honor, if I may get confidential, I have spoken to thirty-one judges of this court about this point, and not a single one would hold that the notes are privileged, and I am sure it will be reversible error."
"I don't know what your relations are to the judges of this court, but don't you think they may all be wrong? I do not say I can't be wrong, even after hearing all the facts and the law that has been produced in the case. How ever, if you are going to get confidential I may say I have spoken with one of the Supreme Court justices about this point. I am not saying what he said, but I have a great deal of respect for his opinion. Besides, in all my practice and as a member of the bench, I have never met this point before, and I have given it considerable attention myself. I could find no place where it has been allowed, and I have finally come to the conclusion that your point is wrong both in principle and in virtue. Your motion is overruled. Judgment will stand."
"Exception!" growled the attorney, and then, turning to the plaintiff, he grunted under his breath, "It will be a damn long while before you enjoy any of that money."
And then the listeners all wondered through what mode of reasoning had the judge arrived at this ruling, and what value as evidence, if any, have the stenographic notes of the reporter for the other side when he has been subpoenaed duces tecum and asked to read them.
