San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1890-12-23

nlred man., as tanner or 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 Yoakum Elliott
moved to 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 rose 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 to
keep his temper under control. Elliott as
sumed logged and insolent air that as
tonished Ethel and her father, and exas-
perated everybody else. There was no
longer any doubt that he had excited the
prejudice of the court against him to a
lively degree.
Mrs. Hobley was the next witness. Be
fore she took the stand Elliott objected to
her testimony on the ground that she was
the wife of the plaintiff. When this was
overruled he began Systematically to fight
and afterward to move to have the answers
stricken out.
Often he would argue the points at great
length, quoting decisions in cases which,
it is needless to remark, were largely i'm
aginary, rafting off Latin phrases which
asd nothing TO do with the matter in hand,
and occasionally reading from the law
IL L Is III
vain; every motion was denied, every OBJ
lection overruled. To any one looking on
it would have appeared that the attorney
for the defense was exerting himself to the
utmost-fghting the case inch by inch
but that it was struggle against hopeless
odds. Presently an air of discouraged in
difference began to show itself in his
speech and conduct, He made his points
in an aggrieved fashion that plainly said:
"Of course you will decide against me, but
must do my duty"
At last he dropped back into his chair
and settled himself, as one does who has
no expectation of rising again very soon.
His face wore look of complete resigna-
ton.
"He is clean beat out" said the Yoak
umites. 1t was triumph for their fellow
townsman, aud added luster 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" whis-
pered Miss Ethel
Elliott shook his head Every one, in
Guiding 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 a motion of encouragement
at is all right" whispered Elliott to
Miss Dutton moment later. whenever
the old chap glances in this direction look
sorrowfully and appealingly 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 they pleased, assisted by
occasional suggestions from Judge Bel
lows. The particulars of the accident were
recounted several times, and number of
residents of Yoakum swore to the extraor-
binary value of the ruined cart. The at
torney for the defense maintained logged
silence. At last, when one witness began
an extended argument in favor of the dea-
cons 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 is gettin' to be too much of
that. The lawyers should do all the argu-
ing"
"Ah! har' exclaimed Elliott to Miss
Ethel in a triumphant whisper; ''the sense
of justice is awakening. Now is our
chancep
"That concludes the testimony for the
plaintiff" said Judge Bellows as the last
witness left the stand.
All eyes were turned upon Mr. Ralph FL
lott. The court looked in his direction,
but saw only the countenance of Miss Dut-
ton. Her bright orbs were saying as
plainly as though the words were written
out in big letters: Dear Mr.. Judge please
don't be horrid to us any more" He
blushed and fumbled with the papers on
his desk. At last he said: 1.-THE defense
will go on now"
Elliott rose slowly to his feet and stood
a moment before he began to speak. Final
ly he said, hesitating at the end of every
phrase: May it please the court, had in
tended at this stage of the proceedings to
make a motion which | had hoped your
honor would grant Although perhaps it
may not-well, will make it. / will move
for non-suit, may it please the court.
Possibly this may seem to the court a mat
ter of small Importance, yet it is point in
our favor and one that / conceive we have
right to demand. In this connection
am impelled to crave the indulgence of the
court while venture few remarks of a
somewhat personal nature am stran-
ger in this court and am not versed in all
of its methods of procedure. | have
done what ! could in support of
nv clients case vet the fact . pain.