The Red Cloud chief., 1878-01-10
OBJECT.


Bot bItath VI pIoi1lst- ne 0~efendanf's
, counsel presented the question to a Wit
ness:
Were You engaged in the cheese
business in 1882"
Il object promptly remarked IN.
attorney for the plaintiff. flushing up.
The question is immaterial and ir-
relevant"
Il propose To show. your Honor -
SAID the defendants counsel. rising
with some heat, that the question i
material. Ii Is true that the period re-
ferred 10 is somewhat remoteII admi,
il. But YOU will see-he turned bis
ewes toward the plaintiff and looked
sarcastic-"that the plaintiff is not =
tender bud. however blighted she NAV
: Toe. A moments glance will suffice
To show, your Honor. that the plaintiff
had AT least been born in 1854, even
If she were not advanced in wears"
Permit me a suggestion, YOUR Hon
or. broke in the plaintiff counsel
with intense dignity. Il had hoped that
vthis case might be conducted. delicat.
a. IT II, with some respect for the pro-
prletles. Instead, what do | see? The
opposing counsel is continually MAKING
unpleasant illusions Ia the deeply
wronged lady who appeals to this court
for a simple matter of Justice. One
would think from his actions. from his
painfully cutting illusions. that nv
client WAS a scheming woman sort
u Mrs. Cunningham
Il must beg your Honor" interrupt
ed The : attorney, that the
getleman contine himself Ia the case
at este-mdeed 10 the point at issue
and not luz in outside parties. Has
Mrs Cunningham anything to do with
this case. sir?'
Il merely alluded Ia Mrs. Cunning
ham IN passing remarked the plain
NH : counsel. Il used her as | would
an adverb. a common noun, an ordi-
mary al j~ective. Now. your Honor. if
the gentleman. if my brother cannot
see The difference between an allusion
{" "A person a. a mere passage of speech
and a case that il brought up because
of ill., similarity Ia the one at issue. and
for the purpose of influencing the jury.
! submit that his comprehension is at
this moment-for | will not say that he
* Enthusiastically stupid-extremely
limited"
Your Honor" remarked the defend
ants counsel, rising hastily, INV
learned brother is too kind. He Injuries
me with faint praise. | think | do I'M
derstand the difference ne mentions
any child might understand il. Ii has
probably struck him as a distinction
entirely new to the bar, excepting only
his gigantic mind. Now, your Honor,
] propose to show that the case of Mrs.
Cunningham might very easily have
much To do with the present one
Your Honor. interrupted the plain
TIT : attorney. 1.-The gentleman remark
ed a few moments since. and strenuous
" insisted on il that Mrs. Cunningham
had nothing 10 do with the case at is
sue and that she should not be drawn
int it in any manner whatsoever"
MY learned brother" responded the
defendants counsel, must thank HIM
self for this interruption. 1t was not
! who introduced the disturbing ele-
ment- Ii was he. / am surprised that
he has forgotten it. And i would pause
Ia remind him of the distinction be-
tween what is introduced as a passing
allusion and what is To go before the
Jury as evidence. Now. your Hon
"r. my client does no need any of Mrs.
cunningham = t~Sl~itifCf- i "
my personal vindication against the as
sumption of my learned brother that |
80 not understand the distinctions be-
tween fact and evidence where there
happens to be any,, and assumption and
evidence. and a passing a~llusion and
We will say what might be deemed a
parallel case"
This is wasting time. Your Honor
remarked the plaintiff counsel Il am
perfectly willing to drop Mrs. Cunning
ham. if my learned brother is. and will
20 on with the case before us
Il think that is fair" said the Judge.
wiping his perspiring countenance. and
looking as if he would like TO 90 home.
Mrs. Cunningham is ruled IL The
counsel for the plaintiff will resume his
remarks and contine himself strictly 10
the point"
Very well. sir" said the defendants
counsel. looking veNed. Your Honor
will note my exception"
Il objected. your Honor" resumed
the plaintiff : counsel. looking pleased
n triumphant "A moment, and then
gracefully assuming a look of injured
innocence. Ito the habit my learned
brother has of continually alluding 10
my client in 4 sarcastic am and
particularly TO her age-which has pos
itively nothing TO do with the case. at
all. The affections of this very deeply
wronged lady nave been blighted. re-
gardless of her age: and if she We're rs
old As Methuselah or As Young As the
child unborn, the injury would be the
same"
The defendant counsel will speak
respectfully of the plaintiff" said the
Judge with great dignity. "As To the
question of the lady's age. that will
come up hereafter. We will not discuss |
that now"
Your Honor will note nv eXcep- |
ton. snarled the defendant counsel. |
throwing a bitterly knowing look upon
the jury.
II objected further" resumed the
plaintiff : counsel, To the question of
my learned brother. Was the witness
in the cheese bushes in 1852 What. |
your Honor. has the cheese question TO |
do with the demand of nv deeply injur-
ed client for damages for breach of |
promise?"
Your Honor. remarked the defend
ants counsel. LAT the time the witness
was in the cheese business"
Il object violently interrupted the
plaintiff r. counsel. 1T has no been
shown that the witness Was in the cheese |
business"
..ObiectiOn sustained :. said ba-Jud /