The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-06-24

oy the red-faced Judge insisting that his
name should be as he had IL In his notes.
In computing the number OF shares of
stock subscribed the total was put at
Lib. divided between A. and c. The
chief Justice omitted one item. and his
roofing did not agree with that of the
counsel; but. being down in the judges
notes. IL was conclusive until Sir Charles
Russell came to the relief OF the court
and In bland way pointed out the omis-
sion noticed during the progress OF the
case that when a paper would be pro-
ouced in evidence II could not be read
until revenue officer In attendance in
spected 1t to see IL IL required a stamp.
and IL the proper stamp had been affixed
and Cancelled. The rule for time was
that an unstamped instrument was abso-
iutely void Now IL is held that no right
can be asserted under a paper requiring
a stamp until the stamp is affixed Penal
ties enforced for the willful omission
TO stamp writing which the law re-
Quires to be stamped. After the plaintiffs
examination was finished there was an adj
journment for half an hour for luncheon
IN the room of the Chief Justice where
the standard English chops, peas. potatoes
and claret were served. His Lordship rising
20 go. said: You will see now how soon
shall dispose Of that case. II rests wholly
upon documentary proof. and the lawyers
on both sides know what / am going to
say TO the jury" Just then there was a
tap at the door and baiiff presented him
self with message saying II his Lordship
would wait few moments the would
be settled. Court convened soon after, and
the jury was discharged. the Judge say
ing; DO not forget the honorarium, gen.
tlemen." This honorarium was a guinea
for each juror, the customary fee. His
Lordship expressed the opinion that il
would be better to adopt our system of
paying jurors from the public treasury.
90
He told me story of a successful cross
examination Of a rascal who was trying to
prove a forged will. Lord coleridge
then junior in the case with Mr.. Rowley.
@ c.. senior. A man of fortune had be-
queathed the bulk Of his estate TO a niece
and nephew. After his death new will
turned up. purporting have been made
at Bath, where the testator had gone a
short time before his death. scoundrel
appeared a witness and told story of
great FEASIBILITY about how the instruc-
tons were given by the testator and how
he had followed these instructions in pre-
hour or two, was discouraged, and said to
his junior. How can 1 break that rascal
down? He is lying and know 1t. but he
IS imposing on the court and jury" He
resumed his questions and the witness be-
gan TO fidget. fumbled in his waistcoat
pocket and pulled out slip OF paper. which
he quickly put back, after glancing at 1t.
Rowley caught him and said, Let me have
that paper"
:'No. L won't" said the witness. II
haven't used 1t, and you have no right to
it,
''will you swear. SIR" said the lawyer,
"that Ii does not contain some memoranda
pertaining this caseg'
The fellow was confused, counsel on the
other side protested, the jurors became
curious, and finally the paper put in
the hands OF the cross-examner. There
were words on it which did not seem
10 be coherent, but the willy lawyer, as
suulins understand more than he really
did, began to prod the witness, who was
soon freely perspiring and in a high state
of excitement. Counsel on the other side
saw their case going to pieces, and
arose and told the court they were satisfied
that the witness was liar and that the
will was forged I reminded him of the
case mentioned by Frederick w. Robertson,
of Brighton. which occurred at the assizes,
IN which rascal was on trial for cheating
at cards. Prosecutor and witness had
failed to discover the cheats trick. Jervis
the presiding Judge, took the pack Of cards
in his hand and gave them to the foreman
OF the jury to shuttle. saying he could pick
out and name any card in the pack with
out facing them He did IL. and pointed
out a marking which had escaped the notice
OF everybody till then. Lord Coleridge re-
membered the case and said that Jervis
had tried card sharp a few days before
at another place, when he had acquired the
knowledge that enabled him to detect the
cheat.
The will case reminds me OF the success
OF Alexander Hamilton in cross-examining
q witness named Croucher, who was testi-
flying against Hamilton's client. who was
accused of murder. 1t was dark and can
dies were brought into the court room.
Before taking the witness in hand HamH-
ton placed a lighted candle on each side of
the witnesses face and asked the jury to
look in the eyes OF the witness while he
testified Counsel on the other side pro-
tested. but Mr.. Hamilton told the court
that in a short time it would appear who
the real murderer was. He then began his
cross-examination and IL was not long be-
fore Croucher was utterly broken down and
the prosecution abandoned the case The
witness fed to England where he commit
ted some other crime for which he was ex-
scuted w. p. FISHBACK.