Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1899-01-13
cRoss-ExAMINEs IN RHYME.
Lawyer B1irabeau L. Towns widens Field
of His Poetic Gifts.

Brooklyn, has frequently summed up
in rhyme, but it is not recorded that
until recently he ever cross-examined
witness in rhyme The witness did
not for some time recognize the fact.
Justice Frederick f. Ward, who pre-
sided, first noted the counsePs effort
and then the Jurors discovered it; but
the witness, intent upon his expert tes-
t'mony, seemed for long time totally
unconscious that the questions
rhymed with each other. This APP
peared to amuse the jurors still more.
Having succeeded SO well in the
cross-examinaiion, Mr.. Towns de-
termined to do his summing up in
similar fashion, utilizing verbatim
where possible the parts of the ex-
animation in which the rhyming had
been most effective. The appreciation
lis effort met with was manifested
after the conclusion Of the case, when
Justice Ward honored the poet with
L request that the lines be dedicated
to the court, and the Jurors each asked
for copy.
The case was that of Bridget Ian
gin, a young woman who was injured
at the Brooklyn end of the bridge on
the night of November 4, 1894, when
she fell between a car and the station
platform on leaving bridge train. II
was the third trial of the case, which
has already been through the court OF
appeals. 1t is stated that the law in
the case was settled and that the is.
sue was really merely matter Of the
assessment of damages. The chief
feature Of the trial was the expert tcs-
timony of Two opposing physicians.
DIR. John G Johnson, a witness forI
the plaintiff, and'D Thomas W. Top.
ham for the defense Their testimony
was fatty contradictory as to the in
iuries Of the woman and their effect
upon her. The jury made their choice,
and awarded the plaintiff $4,000.
damages. 1t was DR.. Topham's
stethoscope that furnished Mr.. Towns
with the inspiration for his rhyming
cross-examination. The doctor had
been emphatic in his declarations that
Itne woman was not injured, dcclara
tons based upon an examination he
mad made of her, although he ac-
knowledged that she had tod him
where she was in pain and had WINGED
under his touch. But the fact was set
tied, he sai3. by the stethoscope,
which showed that she was sound, and
which could not 60 astray.
so YOU used the infalHble stetho-
scope;' Mr.. Towns asked. The doc
tor repeated that he had "And with
that the woman couldn't cope?" The
doctor held that the testimony
couldn't prevail against it. He said
that had there been any pIeural
trouble he would have heard it. Gone
can hear a mangled pleura rattIe?'
asked the lawyer. The physician said
emphatically yes. Hear as plain as
guns in battle" the lawyer pursued,
and the doctor assented. Perhaps he
began to be suspicious, but in answer
TO further questions as to what means
he took to hear, he said that he APP
piled his ear, and when Mr.. Towns
queried; "You put your ear upon her
breast?" he nodded. The lawyer
observed: Surely a most delightful
test" and the game was out. There
lad been, however, much more than
has here been given of the rhyming
questioning, and Mr.. Towns embodied
the whole in the summing up to the1
testimony OF the cross-eyamination.
Thisis what he said to the jury:
Expert DR.. Topham, what says he?
In condescensiol OF a modest fee
examined the plaintiff mos carefully:
| found no sign Of pleuTsy,
saw no more than I wanted to see.
: laid my cheek upon her chest
It Is a most delightful test
Then. If your ears are long. Ike mine.
And IL you have studied medicine,
A mangled pleura's rale ard rattle
You'll hear as plain as guns In battle.
] looked her over carefully,
| had 10 earn my experts fee:
saw no more than / wanted to see.
Zach of her ribs. or I'm no scholar.
Was good and sound as daddy dollar
50 when the poor creature ventured TO cope
with me. DR. Topham. and my stethoscope.
For her, you Will SEE. there was little hope. !
She might scream IL anguish tin the end %
her breath
My opinion, once formed would hold unto |
death
She fell through a hole clear up TO her arm I: |
Yes, that's quite a fall. but It did her no |
harm;
In fact. II she'd fallen from Mount Chin !
borazo.