The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1880-02-19

You say that the prisoner was
chopping a tree down. Now, will
you please tell the court and jury
where he bought the axe z
you don't know very well, sir ;
we'll see about that
Now sir, look at the jury--don't
stare in that helpless manner at me
now sir, do you say, upon your oath,
that the defendant stole that axe be,
fore he left Paducah 2
you do say so, ell Well, now
mark me, sir. How many feet was
it from the tree the defendant was
chopping to the nearest grist mill 7
You can't say
'Was it ten feet 2
Certainly, a great deal more
well, then, was it thousand
miles p
'Oh, certainly not
'rhe court and the jury will please
observe the stubb0rnness OF the wit
uess. It is manifestly his purpose
to keep from the jury the facts they
ought to know
Now, sir, who owned the millY'
The witness inuocently inquiries
What mill 2 but soon !epents it.
The jury will please observe the
the exasperating contumaciousness
of this witness ; his evasion and his
manifest purpose to confuse your
minds to the facts involved 10 this
terrible murder
Now sir, look me in the face. You
have solemnly sworn that tho man
was chopping near mill. Well, you
now dare say-look at the jury, sir
that there was no mill within a
thousand miles of the tree the defen-
dant was telling 2
Il don't say anything Of the kind.
The jury will please note that an
swer.'
Now, see here my friend-we've
had about enough of this You fret
declared that there was no mill, and
now you brazenly avow there WAS a
mill near the wood chopper
Il said there was no mill within
forty fee
Never do you mind what you said
i know what you said and the
jury knows; and now, sir, listen to
me-
who made yorr boots 2
You don't know 7 Is there any
thing under Gods heavens that you
do know ? There, there Look at
the iury-not at me. And now,per-
haps, you can tell the jury what
your name is 2
The witness tells his name.
Now, sir, look at the jury how
long did you liYe there Y
The witness timidiy asks, Lived
where 2 when the attorney springs
to his feet.
May it please the court and jury,
find this witness utterly incorrigi>
BILE, stubborn, mulish and bent upon
keeping back the very facts the jury
must have. He has clearly been
tempered with and comes here with
the manifest intention Of brow beat
ing and worrying both the jury and
the bar. | have temporized with
him, have led him gently from
point to point in the hope of beguil-
ing him into true recital of the
facts connected with this dreadful
murder, and what is my reward for
this considerable kindness and for
bearance Speaking under the
sanctity of an oath, he tells the court
and jury that he doesn't know where
he lives, and has asked me to tell
him =? Great God Can such
things be, and not overcome us like
-like-and not overcome us 7 |
ask, your Honor, that this witness be
sent to Jail for contumacy, to remain
there until he expJ esses a willingness
to tell what be knows about this
dreadful murder
The court then admonishes the
witness that further triAing will not
be permitted that he must answer
the gentleman's questions, or he will
certainly feel called upcn to commit
him to prison.
The witness by this time bewild>
cred scared, dazed, aud INDUCES
in contradictions and absurdities
as fast and as often az the attorney
requires him to /; and finally, leaving
the stand, it is a quarter of an hour
at least before ha can recall his own
name or fix his own identity. The
attorney then gets upon his feet,
tears the wretched witness contra
dictory and foolish rigmarole all to
tatters, and asks the court that it be
excluded from the jury as false and
nonsensical.
And this is one of the ways many
of our average criminal lawy ers
adopt ito draw out the facts in great
murder cases.