The silver messenger. (Challis, Idaho) 1890-1912, 1903-03-24


IAN had to come an tell the
truth.
man that night" He sighed. AN to
t'ink," he said, ito tink I've got to
swear agin your client. | hate to do
it,"
The lawyer looked at him keenly.
Are you sure" he began, slowly draw
ing his wallet from his pocket-a wal
let that fairly bulged with bills, ARE
you sure that he was drunk?" He
slowly opened the wallet inside out
"Sure?" he inquired.
Il amt so sure, counsellor" he said.
my memory amt good don't know
as | could swear to it, after all" The
lawyer looked one way, and extended
with his hand FIVE fve-dollar bills
toward Fitzsimmons. Fitzsimmons,
still gazing out of the window, met
him half wayne took the bills.
He's a good sober man-that Jen-
kinson, counsellor" said he. ct see
him that very night He passed me as
close as me hand is afore me face, an
| never see a man more sober than
he was. An they cut him down
them trolley cars-an' cut him up-it's
more the shame"
do you think" asked the lawyer
that he acted as a careful man should
act in crossing the street?"
Counsellor" said Fitzsimmons. mo
man could have been more careful
than he was. He walked as straight
upon his legs as-me own is weak, I"
he added, hastily; they needs stretch
ing awful bad"
The Jenkinson case came on. Jen-
kinson's attorney had the case all his
own way. But the attorney for the
road had something up his sleeve.
That something was Fitzsimmons. He
felt sure he could depend on Fitzsim-
mons Fitzsimmons was, however, his
only hope Without Fitzsimmons he
was lost The plaintiff rested, and the
Gefendant-the railroad--started in.
Finally they came to Fitzsimmons.
Fitzsimmons took the stand-his legs
well stretched.
Now, Mr.. Fitzsimmons," said the
railroads counsel ION the night of
Friday, the 18th of June, you were
standing in ODonnell's, were you
not?"
Fitzsimmons looked the counsel
squarely in the eye. Il was not" he
said. Counsel looked abashed, but
thinking he might not have heard
Alright, went on. and you saw this
plaintiff, Jenkinson, coming down the
sJreet?" 81 did not" said Fitzsim-
mons. "And was he-drunk?" went
on the lawyer His questions ali were
leading, but the attorney for the plain
tiff did not object WAS he drunk?"
Fitzsimmons replied straight from
the shoulder. 81 don't know, SIR he
responded. "What?" exclaimed the at
tocney for the railroad, in dismay.
The other attorney jumped to his
feet
mfr. Fitzsimmons," he exclaimed,
'Mr. Jenkinson was entirely sober,
was he not?" Fitzsimmons looked at
him. How the divil w'd l know" he
replied. The spectators laughed. The
judge raped for order and glanced Sc
verely at Fitzsimmons.
is there anything you know about
this case, sir?" he inquired. "Divil
bit, y'r honor" returned Fitzsimmons.
We'll, what are you doing here,
them" demanded the Judge Fitzsim-
mons shrugged his shoulders. They
subpoenaed me-" he answered, IAN
had to come an tell the truth, that's
all. An here l am"
Counsel for the railroad again
jumped to his feet do you mean to
tell me, sir" he reared, that you
never saw this happen2" Fitzsim-
mons looked him calmly in the eye
What day did it happen, counsel
lor?" he asked. The judge told him,
from his notes.
THE seventeenth O. June" unused
Fitzsimmons; your honor, I'm tellin'
you the truth. l was away for whole
week on the seventeenth o. June. Me
legs were that bad, had to get EN-
stretched. I'd better CO." he added
Il feel it comm ON again"
He bowed gentCcIlv to the court and