Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1899-08-10
Accidental Evidence.

/
Of bill, stated to be due for building
work done on the gentleman's prem
Uses.
The owner refused payment on the
ground that verbal contract has been
made for the execution Of the work at
a price less by one-third than the
amount claimed. Unfortunately he
had no witnesses to the fact
The man denied the contract, alleged
that no specification had been made,
and pleaded finally that if such a con-
tract had been entered into it was viii
ated by alterations, to all of which he
was prepared to swear, and had his as
sistant also ready to certify the amount
of labor and material expended.
Near the town where the trial was
| to take place lived an old friend of
mine, who carried me off in his car
riage to dine and sleep at his house,
engaging to drive me over early next
morning in time for this case, which
stood next on the list.
After breakfast my host drove me
over to the town. We were just enter
! ing the outskirts, and near the inn
where the horse was usually put up,
when there came running towards lis
a lad pursued by man, who was
threatening him in savage manner.
Finding himself Overtaken, the lad,
after the custom Of all small boys in
such circumstances, lay down, curling
himself up, and holding his hands
clasped over his head
The man after beating him roughly
with his fist and trying to pull him
up without success, took hold of the
collar Of the boys coat and knocked
! his head several times on the ground.
My friend bade him let the lad alone,
and not be such brute. The fellow
| scoWled and telling us, with an oath,
to mind our own business, for the boy
was his own and he had a right to
beat him if he pleased, walked off and
his victim scampered away in the OPP
pOsite direction.
The case was opened in an off-hand
style by the opposite counsel, who
characterized the plea of contract as
a shallow evasion, and called the
plaintiff as his principal witness
What was my surprise to see get in
| to the box the very man whom we had
seen hammering the boys head on the
| curbstone an hour before.
He gave his evidence in a positive,
defiant sort of way, but very clearly
and decisively. He had evidently got
his story well by heart and was deter
mined to stick it out
rose and made a show of cross-ex-
aiming him till I saw that he was get
ting irritated and denying things in a
| wholesome style. He had been drink
ing, too, thought, just enough to
make him insolent and reckless. So,
after a few more unimportant ques-
tiOns, I asked in casual tone:
"Are you married, Mr.. Myers?"
Eyes, I am
"And you are a kind husband, I sup
pose?"
II suppose SO; what them"
"Have any children blessed your
union, Mr.. Myers?"
The plaintiffs counsel here called on
| the judge to interfere.
| l pledged my word to the court that
it was a very important bearing on
| the case, and was allowed to proceed.
| repeated my question.
1--WE a boy and a girl"
pray how old are they?"
'The boys II and the girls 9, I
b'lieve."
"Ah! Well, l suppose you are an
affectionate father, as we'll as a kind
husband. You are not in the habit
of beating your wife and children, are
you?"
81 don't see what business it is OF
yours No! amt"
"You don't knock your son about,
for example?"
mo; I DON'T
He was growing downright savage
especially as the people in the court
began to laugh.
"You don't pummel him with your
fist, eh?''
''No; I don't"
COR knock his head upon the ground
in this manner?" (and I raped The
table with my knuckles.)
"You never did such a thlng?"
"No,"
"You swear to that?"
Eyes"
All this time I had never given him
an opportunity of seeing my face;
now turned toward him and said:
Look at me, sir. Did you ever see
me before?"
He was about to say mo" again, but
all at ohce he stopped, turned very
white and made no answer"
THAT will do said; stand down
sir. I shall prove to the court thai
this witness is not to be believed or
his OATH"
l then related what we had seen tha-
morning, and putting my friend, who
had been sitting behind me all the
while, into the witness box, he, o.
course, confirmed the statement
The court Immediately decided tha-
the man was unworthy Of belief, and
the result was verdict for the defend
ant, with costs, and severe repri
mand from the judge to Myers. WIN
came very near being committed fo
perjury.-New York Daily News.