The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-12-26

of his Assem- led friends and neighbors he
seemed to them the very personifeation of
a sense of justice.
One half of the lawyers table was taken
I'D by Judge Bellows, who represented the
plaintiff On his right hand were Deacon
Hobley and his wife. The law books of
Mr.. Ralph Elliott were spread out over the
remaining half of che table. After brief
wrangle with her father, in which she, as
usual, came out victorious, Miss Ethel had
| accompanied Mr. Elliott into the court
room and now occupied a seat at his side.
| The colonel sat behind, and with him was
! Peter Martin, the unlucky coachman who
was accused of responsibility for the smash
| ing of the deacon's cart.
The Judge is looking at us, whispered
Miss Dutton; "did you ever see such
funny woolly hair in ali your life;"
"Never mind his hair, ," answered Elliott;
"what l want to know is how to get at
i'm. If you could only catch his eye and
| nile sweetly on him.
TELL me when it is the right time for
! him to decide our way and I'll do it," said
the young lady.
''There is no use in having jury, you
| understand" said the colonel, leaning for
/ ward. 1.-The old mandarin will sit there
and gravely tell them what their verdict
must be-"
"Well, we will make the best defense
| that we can, and throw ourselves on the
mercy of the court"
Small mercy it will be-" growled the
colonel; che has it in for me-they all
| have. suppose must pay the two hun
| dred and fifty dollars and costs, as prayed
! for. And the cart wasn't worth the fifty
| that offered as a compromise"
The case opened with Deacon Hobley on
| the witness stand. He told how he had
| left his cart hitched in the road, and how
| the runaway colt and blackboard had
smashed it into shoe pegs.
did you see all this yourself?" inquired
Mr.. Elliott.
"No; wasn't there" answered the wit
ness; "but my da'ter, she told me about it. !"
81 move that that testimony be all
stricken out" said Elliott.
"Look here, young man." said the dea-
con, eff you mean to 'sinuate that my
| da'ter''-
"Deacon!" cried the court reprovingly,
! and the plaintiff was silenced. Then, turn
ing toward Elliott the judge said, with
very distinct emphasis:
''That motion amt passed"
The young attorney, who had risen to
his feet, gave gulp of establishment,
looked about him for a moment as if to
! take his bearings anew, and then resumed
his chair
The deacon continued his testimony
| He had come now to the matter of the
value of the cart, which he placed at the
modest sum Of $3.50 When called upon to
! give reason for putting it at this figure
he stated that Ike Conyers had said it was
wort b it.
1--WE object" cried Elliott, starting up
again; ''if the plaintiff wants to introduce
the testimony of Ike Convers as an expert
on carts why does he not subpoena him."
There was sudden and awful hush in
the courtroom. The judge turned slowly
around in his chair and leaned forward
across his desk toward Elliott, saying:
Because he is dead"
"WeI, we object TO such testimony as
this" continued Elliott, with a reckless
ness that caused some of his hearers to
fairly hold their breath; lit is incom-
petent and imnaterial."
IKE Convers incompetent exclaimed
the deacon. "Why, young man, he was
the best wagon maker"
Deacon, " interrupted the judge, 'let me
answer this objection" Then he contin-
ued in solemn judicial tones: This court
knew Ike Convers well, and it holds that
his judgment in a matter of this kind was
better than that of any man now living in
this county Tine witness may proceed"
"You see it's no USE" whispered the
colonel, as Elliott, silenced and aghast,
dropped back into his seat. you may as
well take it easy. The more you object
the more you Will inspire the old FOOLS
preju6ice''
"Woll. where does that sense of justice
come in?" asked Elliott.
Tell me-" interrupted Miss Ethel, "is il
time for me TO begin TO firC with the
court?"
Not yet" answered Elliott. He pom
dered on the situation few moments.
Was there a sense of justice in that round,
pink head? If so how was he to get at it;
There was something about the flaXen poll
that reminded him Of Polonius, and he be-
gan to :nutter absently TO himself the
phrase 20 dear 20 the heart OF the lat witted
diplomatist
by indirections find directions out"
In that moment ne hit upon plan.
BY this time the witness was telling the
court and the spectators generally his
opinion of Peter Martin, Col buttons
''hired man." as a tanner Of colts. Elliott
sprang to his feet and objected. He was
promptly crushed by the court. The dea
con went on. When he had finished a
short dissertation on Col. Dutton and other
men who came down from the city and
tried to run things in YoskUm Elliott
moved 10 strike the testimony out on the
ground that it was argumentative. The
motion was denied
SO it continued through the remainder
of the deacon's occupancy of the witness
stand. Elliott rcse up at the end of nearly
every sentence and offered some objection
The deacon got mad, Judge Bellows, his
attorney, got mad, and even the court
showed evidence of the great internal
struggle that was necessary for him tC
keep his temper under control Elliott as
sumed a dogged and insoleRt air that as
tonished Ethel and her father. and exas
perated everybody else. There was nc
longer any doubt that he had excited the
prejudice of the court against him to &
lively degree.
Mrs Hobley was the next witness. Be
fore she took the stand Elliott oojccred K
her testimony on the ground that she was
the wife OF the plaintiff. When thls wa:
overruled he began systematically to 6ght
every question that was pnt to the witness
and afterward to move TO have the answers
stricken out.
Often he would argue the points ST great
length, quoting decisions in cases which
it is needless to remark, were largely i'm
sgina-F. rafting of Ltein phrases which
had nothing 20 do with the mslter in hand
ana occasionally reacins nom the Law
books which he h ad brought. 1t was ali il