The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-30

by surprise by anything that the other
side might do, who had been through the
opposing side OF tho case as well as his
own-he was the fellow who won the big
cases and earned the large fees.
Il shall never forget n case which I saw
tried in this city good many years ago
1t was a criminal case, the defendant being
charged with murder in the first degree.
Two Of the cleverest lawyers then at the
New York bar met In that trial. One was
the District Attorney, the other the leading
counsel for the defence. I remember the
delight with which | followed the case as
the trial progressed, and noted how very
thoroughly each man had foreseen what
the other would do and prepared himself
TO meet it,
There was no question about the killing.
Tho defendant had shot a man twice, and
both bullets had gone through the heart.
The defendant was young man who had
lived rather Wild life, but he was not at
heart bad man. FTe declared that the
shooting had been entirely in self-defence.
The dead man was much larger and stronger
than he and at the time Of the shooting
a long and serious illness.
"During this Illness he had been cared
for by a woman who had had an affair
with the other man. This man came 10
their house one evening and attncked
the woman with his fists, beating her Sc
verely The defendant interfered ard the
larger man turned on him. Then the
young man shot.
There was a perceptIble interval between
the two shots, and 1t was the contention
Of the District Attorney that In that interval
, the Young man had time enough to realize
fully what he was doing and to determine
deliberately to kill his antagonist Upon
that contention the District Attorney re-
He'd for a conviction Of murder in the first
degree.
The one witness who could give direct
testimony as to the shooting was the woman
She was arrested at the same time as the
defendant. In fact, they surrendered to-
gother, gong to the police station and
notifying the police Of what had occurred
They were held in Jail during the time
before the trial, and while there were both
converted and joined the Methodist Church.
THE trial proceeded rapidly and the
prosecution made out a fairly strong case
The woman had not been indicted. and Mt
the last the prosecution decided not to call
her as II wituess. The District Attorney
had become convinced that she was entirely
on the side Of the defendant and he preferred
to try to break the force of her testimony
on cross-exaInination. He had disco vered
that she had had checkered career, and
he figured on being able to show the facts
from her own lips in such way as to dis
cre;it her.
1.-The woman was put on the stand by
the defence, ard she told simple straight
forward story of the shooting which bore
out the contention Of the defendant Then
she was turned over to the District Attor-
ney for REORGANIZATION. He had her
go over the matter again In the old detailed
way that so many lawyers employ, trying
to read the story out so thin that 1t would
10 force Then he began on her record
The defenoe had made no objections to any of
his questions, and now, as the first one bear
ing on her past life was asked, the senior
counsel for the defendant rose to speak.
But the Judge was little before him and
was already instructing the witness that
she need not answer any question the
answer to which might, In her opinion,
tend TO incr1ninate or degrade her.
I WAS about to ask your Honor TO so In
struct tho Witness said tho defendants
lawyer. OF course, wo have no objection
to her telling anything about herself which
she sees fit, We simply desired to have her
informed Of her rights in the matter.
Il don't know what sort Of coaching he
had given tho woman before that, but that
struck me az being about as clever an in
vitation 10 Il witness To 90 on as could we'll
be given IN court Whether II was Il hint
or not the woman took the cue. She
squared herself to face the District Attor-
new and began To answer his questions, He
had had her record looked up carefully and
now he took her from on, affair 10 another
with the rcrsi-tency Of a bound on the trail
That - one Of the most dangerous things