Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-06-04
.ssNhat Was You A-Sayin' of?"
The following illustration of legal badger.

.GNhat Was You A-Sayin' off"
The following illustration of legal badger
ing and mystifying, of a witness in ou
courts, we copy from the Knickersocker: ri
The case was one of assault and battery
with attempt to kill, was first inserted il
the pleedings, but subsequently withdrawn
there being not the slightest ground fol
maintaining or attempting to maintain that
portion of the declaration" then and there
made,s Of the times, time, or half-a-time
stherein before mentioned."E al,
The case was called before "full bench
lone member of which had heen on the
bench before; having been, before he was
twenty -one years of age, a shoemaker and
shoe-dealer; and in both capacities an up
right, honorable man, Rsis- sts.l
The counselfor'tks defendant rose: -,
al This gentlemen off the jury, is plain
case. You haze heard the statement of the
Posec1tor; 1 shs(l ~ yoe new @ hear
mine, op ~ = ~ injured client. !
shall uss lev e6fdz Few words are need
ed, save in eases where cenfusion and be-
wilderment treason are necessary to be-
fog the mind of juror. ; All that we want,
Iif understand the case rightly, is a legal
curtailed abbresiation, comprising all the
general particulars. Acting upon this labor
saring and time preserving principle, | shall
now proceed, under the direction of this
honorable court, to cross-examine the first
witness called by the prosecution in this
case. so
John Jones." .-.s-
A lame man, his right hand palsied, his
hair all awry, and looking as if be had had
hard night of it, hobbled up on the stand.
"You have sworn in this case,p said the
counsel for the defendant, "that you saw an
assault made by my client, the prisoner at
the bar, upon the person of the prosecutor
in the present easel" i.er .-.
.'Yes; did,
80, you, did! The court will observe that
this.i is one OF the two classes of witnesses
that professional gentlemen of the law have
an especial disgust a. encountering; a tco
wiling, or too unwilling witness. How
ever, permit me, sir-hold up your head!-if
you are not about to swear to falsehood,
look upon the court, the jury, and this large
and intelligent audience, r~se.v
"Yes, sir expect to--that is exactly
what expected, what wanted to do. !"
"Yes, no doubt; you wanted to do it; but
you were -overruled-you were tampered
with. Never mind, with a wink TO the
jury, we'll try 10 get the truth out OF you,
any how, despite the most ingenious pre-
varicution. Well, sir, let me ask you, IN
the first place, did you have an unclouded
view--were your optics undimned-were
your eyes all right--when you saw my
client, previous to resolting to coporeai
extremites, attempt to coerce and prepon-
derate upon the excited fears OF the prose-
cutor in this case!''
i'Sir!" was the interrogatory answer.
81 sayIl ask you for the second time, did
you see any person attempt to aggravate the
tears, ant eHhence the apprehensions OF my
clientr'
81 don't know-I might, perhaps. But
what was you a-sayin' ot!"
"The court viii please to observe: ask
ed the witness as TO his personal evidence
in this case, whether he himself saw the
offence committed--l mean, of course the
alleged offense. shall now put to him
direct and unevadable question. ask you
now, did you have an unclouded view-were
your optics undimmed when y9u saw ttls
person-this individual-this prisoner at the
bar, rise his muscular arm, in attempt to
coerce and preponderate upon tue already
sufficiently excited fears of my client!
'.Sri" asked the witness, completely
dumbluulded.
'.Fhe court will.observe," said the adVo-
cate, s'ihat the witness desires to prevari-
cate. He delays an answer to my interro-
CATION, which,, ,as your honor must have
seen, was very simple one, in order to
make up reply that will hold water. But
we shaHsee about that!
"Now, sir, ask you agaia-look me in
the face, sir, and the court and the jury, sir
did you See this person, this man, this n.
dividual, did you see this prisoner, here pre-
sent at the bar of this court, did you see him
raise, as have said, his muscular and out
stretched arm, and endeavor to excite and
exaggerate the already greatly excited fears
of my CLIENT"
"Sir," asked the witness again; 81 am
afraid don't understand you. What was
you a-sayin' OFF, -
The lawyer turned to the court, with a
ndicrous expression of astonishment, and
said: =
"The witness does not unders and mel"
The court, in the person o. Judge W,
good deal oil a awag. quietly remarked:
"If the counsel would use less circumio-
cution, his case would be much palmer
siated.''
"What does your honor mean?"
81 mean, SIR said the Judge, "thas you
cover large piece Of bread with very
small piece of butter. Ask the witness if
he saw blow given, and to whom!"
Counsel here said to witness, "Did you see
him strike hime"
81 cid; and he knocked him down."
'Why didn't you say that before!" asked
the counsel.
"'Cause you didn't ask me-" answered
the witness 1'
And he was'perfectIy right. He had not
asked the question.
= -l = Toleration.
I'D