The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-12-13
CauVht n TARTAR.

Brin VS.. The Houston 81 Texas Cen
trail railroad it came out that Judgt
Goldthwaite had taken the deposition
of the plaintiff, and instead of return
ing it to court he took it from the no
tary and kept it himself. Mr.. Walton
desired to show this fact, thinking the
sharp practice on the part of the rail
road attorney would prejudice the
jury against the defendant and there
by help his case. He therefore
called the judge himself to the
stand and made him the wit
ness by which he expected to show
the sharp practice. The Judge is a
singular kind of man any way; he
talks well with his tongue, but he does
a deal more with his nose, mouth and
eyes. Whenever he wants to give a
certain meaning to a word he twirls
his eccentric nose into picture of
startling significance and draws down
the corners of his eyes to correspond
to the twirl of his wonderful nose and
then brings in mouth fearfully
and wonderfully made upset
in strange curves and ex-
pressive grimaces which, added to
the other physiognomy, give his words
meaning that words from any other
man never had. When he arose to be
sworn he looked at the Judge, the
jury, and then at Major Walton, with
face like stage in theatre-set for
the occasion. He was a picture of ex-
travagant surprise, at the audacity of
the counsel; of whitening con-
tempt for the purpose he
had in view; and withal a
sort of non-plussed wonder
ment at the novelty of the situation.
He took the stand, and the major
asked him:
"Y GU took the deposition of Mrs.
Brin ?? Down came the corners of
the strange eyes; away went the Won
derful nose; into ridiculous curves
flew the peculiar mouth, and ne said:
"Certainlyw
That was all; but the one word
struck Major Walton in the pit of the
stomach and completely took away
his breath. 1t was the stage scenery
of the face, and not the word that
struck the counsel so hard, and
brought laugh to the faces and lips
OF the jury. The Major rallied and
asked:
"Then you took that deposition
home and never sent it to court, but
have kept it in your Office ever since 2"
There was another setting of IA
cial scenery and he replied:
Certainly" and the jury smiled
again.
"Why did you take that deposition
home and keep it instead of sending it
to courtY" asked the major with
naughty dignity. The wonderful face
came down to picture of astonished
incredulity as he answered:
Il had drawn the enemy's fire
r(here came a wonderful face
and having done so (another facial
change) 1 thought it highly to the in
terest Of my client to keep that de-
position from the inspection Of the
attorneys for the plaintiff-that was
the object, sir !" and the wonderful
physognomy that followed the last
word was too much for even the
grave and dignifed Judge Walker
he only smiled; the rest laughed.
"But were the dispositions not the
custodian not the defendants attor-
as followed that question was
never set to show off the
meaning of words in the Travis
SOul Y AOuOO UC1OAO 80 hO CbuO w ClCN.
ooh, no; they were my private pa
pers, until they were filed with the
clerk, and unless filed with the clerk,
he had no right to them. The notary
was the proper custodian until / got
them, then l was their proper Gus
todiani and have been ever since. I
still ami 1 did not take them for the
purpose you seem to imagine-you
seem to be laboring under the delu-
sion they were taken to be used as ev-
idence-but that Is mistake. 1 was
simply taking peep at the en-
a little old Curiosity Shop
Why, 1 had to pay 1924 for these aft
thought if you wanted the deposition
of your client for evidence in the case
l would let your client pay the 1924
to get one, and I'd keep mine for Office
use and not file it in the case at all. !"
The expression of the judges home
ly face as he closed this little sally set
the court room in a perfect uproar,
and it was some time before Major
Walton got his breath. When he
did he asked: didn't one of
the plaintiffs attorneys ask you
about the dispositions and request
them to be returned into court ?"
After the judge had got his face into
shape he answered, al met Mr.. Hill
and he wanted to know what had be-
come of the dispositions? told him 1
had 'em and 1 guessed I'd keep 'em. -
| Naughter.)
Didn't he request you to return
them to the court ?"
Eyes he said he wanted TO see
them"
"What reply did you make2'
81 told him they had cost me TWEEN
ty-four dollars Qaughter) to get 'em,
and they were most too valuable to
make him present of 'em and if he
wanted some he'd better get 'em him
self. Here the Judge was dismissed in
roar of laughter. Judge Walker
being the only person in the court
who could keep his face straight.