New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-02
man now living in this county. The witness may

man noy, living in this county. The witness may
proceed. -, .,.n.I
You see it's no use," whispered the colonel 20 me-,
as Elliott silenced and aghast, dropped BACK irto
his seat: you may as well take il easy. ING s
more you object the more you Will inspire '''e u"
fools prejudice -, ;,r.;o. come
We'll, where does ttat sense Oh ju''ioe '""''
Tell me interrupted Miss Ethel +" is it time
for me 70 begin to flirt with the court?'
Not vets answered Elliott. lie pOndercd on
tho situation a few moments. Was there sense
nj Justice i'm that round pink head? III SO, now
was no TO ret at il There was something ABOUT
the axen poll that reminded MN Oh ON ,r ne
ca dear 70 the heart of the fat-witted dplomatist
Nv indirections find directions out"
I'm that moment he bit upon plan.
Nv this time the witness was telling the court
and the snectators generally his opinion OF Peter
Martin. Colonel buttons hired man. as a tanner
Of colts Elliott sprams 20 ms by the aH Court The
deacon went on. When he had finished short
dissertation on Colonel Dutton and other men who
came down from the city ana tried TO run ihings
in Voakum Elliott moved to strike the testimony
out on the ground that it was argumentative
The motion was denied Al, -.., ~ A..
So il continued through the remainder OF the
deacon's occupancy Of the witness stand. Elliott
rose mn at the end Of nearly every sentence and
offered some objection The deacon got mad,
Judge Bellows, his attorney, got mao, ana even
the court showed evidence OF the great internal
struggle that was necessary for him to keep his
temper under control Elliott assumed dogged
and insolent air, that astonished Ethel ana nj, her
father and exasper Soe tba he had excited the
prejudice OF the court against him to lively
degree.
Mrs Hobley was the next witness Before
she took the stand Elliott objected to her tcsti
mony on the ground that she was the wife OF
the plaintiff When this was overrnled, he began
Systematically to fight every question that was
nut 10 the witness and afterward to move to have
The answers stricken out Often lie would argue
the points at great length. quoting decisions in
cases which, it is needless to remark, were largely
imaginary, ratting of Latin phrases %hicn haa
casionaly reading from the law-books winch he
had brought. IT was all in vain; every motion
was denied, every objection overrulea. 10 an, any
the attorney for the defence was eXertlng HIM
self to the utmost-fghting the case inch by inch
but that it was struggle against Gopeless , odas
Presently an air of discouraged Indifference began
10 show itself in his speech and cOnduct. lie
made his points in an aggrieved fashion that
plainly said OF course, yom Will decide against
At last Inc dropped back into his chair and
settled himself. as one does who has no eXpecta-
ton Of rising again very SOON Ills lace wore a
/" He is clean beat out, said the f0akumltes.
1t was triumph for their fellow-townsman, ana
added lustre to the glory Of the court at the same
time many of them felt no little sympathy
for the young man who had fought SO hard and
had failed
Don't give it up, please. Ralph whispered
Elliott shook his head. Every one, including
the court, noticed the action and OWNED what
the young woman had said. The colonel also
leaned forward with similar remark. but again
the attorney made motion Of encouragement:
:" 1t is all right whispered Elliott to Miss
DuttOn q moment later; whenever the old chap
glances in this direction, look S0rrowfully ana
appeangly at him.
A number of witnesses for the plaintiff now
followed one another upon the stand. and were
allowed to give their testimony pretty much as
pIp aQp1
from Judge Bellows The particulars Of the
accident were recOuntpd several times, and
extraordinary value of the ruined cart, The
attorney for the defence maintained dogged
silence. At last, when one witness began an
extended argument in favor of the red deacons claim
for damages the court glanced at Elliott as though
he expected to hear an objection. When none was
forthcoming, the judge himself interposed, and
declared that there was gsttin TO be too mucn
All! hal" exclaimed Elliott to Miss Ethel. in
a triumphant whisper; the sense of justice
is awakening Sow is our chance .,,c !,
THAT concludes the testimony for the plaintiff
said Judge Bellows, as the Lost witness left the
stand.
All eyes were turned upon Mr.. Ralph Elliott.
The court looked in this direction but saw only
the countenance of Miss DuttOn Her bright orbs
were saying, plainly though the words
were written out in big letters: Dear MI Judge,
bushed and fumbled with the papers on his
desk At last he said: The defence will 20 on
now"
Elliott rose slowly to his feet and stood mo-
ment before he began 20 speak. Finally he SAID,
hesitating at the end Of every phrase: " May u
please the court | had intended at this stage OF
the proceedings to make motion Which l nad
haps il may not-well, | will make it. l Will
move for a non-sut. may it please the court
Possibly this may setNn to the court matter oil
small Importance, yet il IS a point in our favor,
and one that l conceive we have right to de-
mand In this connection, | am impelled to crave
the indulgence Of the court while venture few
remarks of n somewhat personal nature am
stranger in this court and am not versed in all Of
its methods Of procedure. | have done what l
could in support of my clients case, yet the fact
is painfully evident that my efforts have thus far
been in vain. Every motion has been denied,
every objection Overruled Not single point has
been allowed in favor. do not complain of
any prejudice on the part Of the court. The Latin
adage occurs to me {; 'Quousque tandem. Catalina,
abuteTe patientia nostra, which is The judge who
seemeth most severe hath often at heart true
sense Of Justice All ask is that the court in
passing upon our motion for non-suit, shall take
into consideration the unbrOken line Of decisions
in favor Of the plaintiff which have marked the
progress of this case up to this time.
The court was looking intently at Miss Ethel.
Miss Ethel was looking at the court.
Say" whispered Judge Bellows 10 Elliott as
the latter took his seat there amt no use in
that You know. He don't savvy 'non-suit'"
Mo- said Elliott, with a bland smile; Il
suspected that be did not
II don't believe the court needs to hear from
me on tnlS pOlnu JUuge DclIoWS Sdlu aloud, WIN
an air of easy confidence; this motion Of my
learned brother from the city will be denied, of
course
Judge Peck gazed thOughtfully at the ceiling
O moment and then took up his pen. He wrote
o few words on the book before him. Then he
motioned to the clerk, and the latter, after noting
the w fs which ne had boo to
his desk. There was dead silence in the court
room
"The motion is allowed said the court with
startling fimness.
A buzz of approval ran around the courtroom.
That's only fair said the people; 3" he orter
give the young fellow some show"
Elliott rose from his chair and began to gather
up his books and papers.
why what is the matter?' exclaimed Ethel.
Nothing is the matter he answered, en-
cept that the case has been decided in our
favor and we may as well go home.
Great Scott" cried the colonel that was
neatly done, Elliott
Judge Bellows and Deacon IIObley were both
on their feet protesting vigorously. IL may be