The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-12

StTOlleQ out IOF a Walk supper Ac
was rather tremendously accosted by Lar
ry McNoogan's attorney, who invited him
into the dingy little room upstairs, where
the sign and half hundred sheep-bound
books indicated that the lawyer had his
lair. 1t was only five minutes afterward
that Shacklett came out, stopping in the
door to say, in a voice that could be heard
down the stairs and across the sidewalk:
81 begin to understand why Mr.. Norton
asked me to come up here and give my per-
sonal attention to this suit. You are with
out doubt the smallest-souled cur and the
biggest ass that the Supreme Court ever
admitted to practice. You contemplate
knothole in the bar, you microbc of putre-
faction, if you think you can buy me with
any little twenty centuries you haven't got
sense enough to file saw or note for
collection. You want to understand that
If you live to be as old as the other devil
is you'll never get a cent out of this case.
I'm going to keep you from getting cent
now if have to give all my time to you
for the next ten years. You mark that
right down on the fyleaf of your Haines's
treatise, for 1 suppose that's the only law
book you ever open." And Shacklett came
down the short and narrow stairway with
his eyes flashing and his head up in that
way that made those who knew him best
turn a corner to avoid him.
When the trial started, the next day,
there was no prospect of any features of
special interest in the case. The local at
torney for the company had pleaded con-
tributory negligence on the part of the
plaintiff in running toward the rapidly
chit or troin ga h. hal n
trespasser, without any rights, on the prop
erty of the company. Larry interrupted the
lawyer once to inquire whether he expected
a man to let his cow stay in there without
trying to get her out, and the court had
some difficulty in suppressing his interjec-
tons during the preliminaries.
Shacklett had done nothing but see that
the papers were without any loophole, and
merely sat by the local attorney of the
road thinking of other things, while the
case went along to the selection of a jury.
Then he sat leaning his folded hands on a
table and looking straight into the eyes of
each one of the venire as the man took the
chair for examination as to his qualifica-
tions He allowed the other lawyer to ask
all the questions, but twice he CURLY took
his right of peremptory challenge and told
his junior confrere that he could not ex-
plain just why he knew it, but the man was
certainly crooked.
Larry told his story of the cow and her
untimely fate better than he had ever told
1t before, and Shacklett grew interested in
the man. Larry testified that his condition
was very serious indeed, and the Leg with
joint in the wrong place and no joint at
the ankle, prevented him from making a
living any more, especially as he had no
COW.
Then short, heavy, well-knit man, with
straight hair combed back pompadour fash
ion from low forehead, aquiline nose and
thin, nearly straight lips, took the stand
and corroborated Larrys story of how it
all happened, with some additional and
very important details. He said that he
was about forty rods away. up the slope
of the field adjoining the track, and was
watching Larrys efforts TO get the COW
through the narrow, improvised gateway
where the wire fence joined the hedge for
some time before the train came. When the
Jacksnipe came down the track he gave
his attention to the train, as one naturally
would, and noticed that, after whistling.
the train increased its speed perceptibly
just before it reached Larry and the COW.
How much faster did it go?" asked Lar
| rvs attorney.
well, it just seemed to leap ford like a.
really went much faster, but it seemed to
! give sudden bunch ford"
Gould you see what the engineer was
doing?'
Yes; he had been setting on his seat
11,, &l.o
| jest before the train gave the bunch he
| pulled himself inside the cab and did some
| thing to the reverse lever L think he
pushed it ford, but I'm not sure about
| that-it looked that way from where
| was-he did something, anyhow, and then
| the train seemed to pick itself up and Jump
at that cow
| There was some more of the same kind
of testimony from the witness, while Lar
| rvs attorney looked meaningly at the Jury.
and Shacklett at first sat with his eyes on
| the man giving the damaging evidence. and
| then sauntered over to the pitcher on the
bench and took a drink of water. But by
| the time the evidence in chief was i'm he
| was back in his chair. and he asked the
company attorney by his side to let him
| cross-examine this witness
You were about forty rods away" he
began. in quiet tones. ''up an incline. on
| the right-hand side of the track counting
| the way the train came. and you were
watching Mr.. McNoogan and the COW until
| your attention was attracted to the train?"
Eyes, SIR" the witness replied, straight
ening himself up and palpably preparing
| for a tussle.
After going over again the time of day
and the whole story, in which the witness
| could hardly have wavered even If he had
not had it pat because Shacklett fairly nut
his former words into his mouth. and. after
emphasizing i'm way that made Larry's
| attorney smile. the most damaging of the
| evidence, that the engineer had deliberately
| and unnecessarily increased the speed of
the train and hit the COW as hard as possi
BILE, out of pure wantonness, Shacklett
walked around the table to within a few
| feet of the witness chair.
| He leaned forward just a little. brushed
back a lock of hair from his forehead and
| looked into the eyes of the man on the
stand with his own eyes glittering in a way
that made the witness think of a snake
His tone was low. but penetrated every
| part of the little courtroom, and seemed
| fairly to cause the window sash to vibrate
as he began, with each word separated just
| a little from its fellows in his sentences:
lis IL not a fact that this lawyer here.
| Mr.. McNoogan's attorney, on last evening