The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-27

been his next door neighbor all mis- life.
Sometimes he lives in one place. some
tunes IN another Most of his life has
oeeh spent IN san Francisco. and in that
part OF the country he owns many houses.
many railroads. many banks, many legis-
latures, many judges, many newspapers
and they call him there the Jaw Gould of
the Pacific tSlopeni From that time until
the end OF the case there was no moment
when The jury would not have rendered
their verdict in accordance with MIR
Choate's interest and desire. He had
tOld them that IL was not case in which
there was an opportunity for an appeal to
. tnelr sympathy, but he made that appeal
with scientific skill that came of a
superb intelligence and long experience
After all, it is only case of life
and death in which both the heart and
Imagination can be reached. and it is only
IN such a case, where the stake is the
highest, that the great qualities of an
advocate have their largest opportunity.
Because the stake. is so great, a lawyers
courage is often put to severe tests. He
often feels that the result of this or that
experiment on a witness might be good,
out IN the infinite peril of different
result he seldom dares to take the risk.
An instance in which that risk was taken,
and soundly judged, occurred in the
Bedford. One of the witnesses against
hef was policeman who, being called
upon to describe the dress she wore when
he appeared at the Borden house,
some twenty minutes after the dis
covery of the homicides, pro-
ceeded TO rattle, off an amazing fashion
plate description freighted with dress
makers terms and containing minute
account. of every part and parcel of the
dress, ribbons, braids, trimmings and all.
MISS Borden's attorney, in cross-examin-
ing the policeman, asked him to furnish
70 the Jury that description again, salts
fed that If he did so in precisely the same
phraseology he had employed before it
would be plain evidence that he had
learned it by heart and that it did not
proceed from his own ability to tell what
he saw. In reply to the lawyers question
the policeman whirled off his description
again, line for line, word for word, with
out the change of monosyllable.
How long have you been in the police
business" asked the lawyer.
six years"
What business were you in before you
became policeman"
81 was a painter"
sWhat kind of painter"
"a house painter"
Have you ever been dressmaker9"
s'Or milliner2"
''No.n I'D ...
us your wifea dressmaker or MILL
nerRr
81 have no wife"
How did you come to know that Miss
Borden wore the dress which you have
Just described?"
II saw it on her.
"No.'
And at a single glance you took in all
those colors and ribbons, those 'shirrs.'
those Fittings, those fiounces, those cut
bias and those ZEN trains did you? You
took EN- in all at once, just with sweep
of the eye-is that it,"
''Well, I looked at her and saw what
she had on"
well. look at her again. Look at her
now. Then turn to this jury, and tell
them what sort of dress she is wearing.
and let me warn you, MIR. Policeman, 10
put in all the fittings and hounces, the
shirrs. and the cuts bias this time"
10 was a risky thing to do. If the officer
had been able TO describe that dress, the
erect on the iury's mind as to the rest of
his testimony, which was extremely i'm
portant would surely have been to confirm
1t But, on the other hand, if he failed,
the effect would have been deadly to him,
ana to ali police testimony For the
instant a jury have reason to suspect a
police conspiracy, their human nature
comes out strong for the prisoner.
Miss: Borden g lawyer had judged his
man we'll The officer stammered and
suffered, and. all he was finally able to
say was that it ''was a sort of a black
dress, kind of silky" 1t was constant
succession of such small but immensely
important victories as these that brought
in verdict of mot guilty. for Miss
Borden,