Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-12
XVII.

Your honor, this is outra geous. barefaced
intimidation of the jury! I object and pro-
testi You cannot tolerate such action, sir !!
1t is insulting to the dignity of the COURT"
The passionate outburst brought half the
spectators to their feet, and the gavel
crashed upon the desk again and again
the judge leaned toward the excited audi
ence in threatening attitude.
sit down. he shouted angrily. BE
seated. every one of you. Another minute
and I'm clear the benches. Officer. arrest
the next man or woman who rises!"
The con,notion gradually subsidized. but
the old jurist continued glaring Indignantly
at the crowd for some seconds after oIder
was restored. Then he turned to BarstoW
with an expression of menacing severity.
n,rhe court takes this occasion to advise
counsel" he observed, that II Is entireiy
competent to protect itself, ana REQUIRES no
instruction as to what Is or Is not insulting
to its dignity. Now, sir. proceed.
Barstow shot an angry glance at the
speaker. ,,
in an ugly Tone anu as suoii ICY
right" -,
Mr.. Barstow, If you wish to be heard
The lawyer received the sharp Interrupt
ton with savage glare OF resentment, anu
took a step toward the bench, his heavy
head thrust forward, and the great cords
of his muscular neck standing out eehseiy.
Then he nodded slowly as though to some
satisfying thought. and turned to the ste
nographer
rs my objection recorded?' he inquired.
The official glanced at his notes and ST.
iently assented.
VERY well, then. That's enough.
Rarstow resumed his seat as he spoke
thrust his hands In his pockets, tipped his
chair back. and stared defiantly at the
bench.
DO you wish to be heard, sir3" inquired
the judge
The lawyer shrugged his shoulders
UNLESS I'm allowed to characterize this
proceedings as / see ft." he muttered
''there's nothing to be said In twenty
years practice I've never known a juror to
no called as a witness in cause he was Sc
lected to try, and l venture to predict that
this court will never countenance any such
procedure. The idea Is monstrous and de-
serves rebuke, not reply"
The Judge glanced at Gilbert as BarstoW
paused, and the prosecutor instantly arose.
''If the court please" he began, II my
learned friend protests solely upon the
ground that my action has no precedent in
his experience. then I submit his objection
is not we'll taken, for, as your honor is
aware, what / propose has both warrant
and authority In law. Indeed, will go fur
Their and say that the court has no discretion
whatsoever in the matter, for the section of
the code which 1 invoke is mandatory and
positive in Its terms.
The speaker paused. and, turning to the
table, picked up an open book, and again
faced the court.
' If a juror have any personal knowledge
of any fact in controversy in cause, ne
read, :" he must declare 1t In open court
during the trial-and the juror making the
statement must be sworn as witness and
be examined in the presence of the par
ties. Now, l charge" he continued that
Mr.. James Lambert. the foreman of this
jury, has personal knowledge of facts in
Z h 10 nd ha ref 1a and 6yr.
amined a witness.
Your honor, this is atrocious!' Barstow
burst out. The court is well aware that
Mr.. Lambert's alleged knowledge was thor
oughiy investigated before one word of tes-
timony was taken in this case, and the
question was disposed of then and there by
your honor in person, and cannot now be
of the prosecutor since Mr.. Lambert was
examined" began the justice.
WIN your honor interrogate the JUROR"
suggested Gilbert
court cannot countenance this proceeding
in any manner wha tsoever. If 1t does the
case may as well end here and now for
no adverse verdict rendered by a jury I'M
der such circumstances would stand for
one moment on appeal
Il will assume the responsibility of sus-
tanning the verdict in this case" retorted
Gilbert, meaningly.
But | warn you there's enough queer law
In this case already to keep you busy with
out making 1t utterly ridiculous"
THE court warns you, SIR Interrupted
Judge Dudley, ito withdraw those remarks
and apologize!'
Barstow listened to the admonition with
an offensive smile. and there was an evil
CLEAN In his eyes as he watched the ven
cradle face behind the desk.
81 withdraw my remarks and APOLOGIZE
he answered, sullenly. II admit my man
ners are not as good as the prosecutor g."
he added. But my law Is better"
Every note In the mans voice was irri-
tating, and l began to suspect that he was
deliberately seeking to anger the judge but
how he dared rouse the old gentleman at
such crisis passed my comprehension
Suddenly it occurred to me that he might
be endeavoring to provoke the court into
deciding against him, and as remembered
his boast that any adverse verdict of the
jury would be overturned by the higher
courts II the prosecutors request should
be granted / became convinced that this
was his settled purpose.
Mr.. Lambert, / will ask you
L leaned forward as the Judge addressed
me- but Barstow waved me back with both
his arms.
man." he shouted. Il object your honor!
object. If you interrogate the Juror
now, I warn you the case Is ended, ana
you Will be held responsible
tleman Numbered, his face flushing with
anger. What do you mean, sir? You are
offensive, and-and insolent, sir and i
warn you toto Your objection is over
ruled, sir. Now sit down"
Exception"
Barstow's eyes were glittering with ex-
cfement. and could see faint traces OF
dangerous smile on his lips as he uttered
the sinister rejoinder
Mr. Lambert, have you any personal
knowledge of any fact in controversy in
this cause?"
waited for Barstow to renew his nro-
test, but he let the judges question pass
without objection.
Il have" l answered, firmly And vour
honor was advised of the fact before this
trial began" ''''N
Barstow swung on his heel and faced
the court with an air of triumph.
II renew my objection" he exclaimed
Your honor had full opportunity to
question this juror at the proper time.
and took 1t upon yourself to"
And l now take it upon myself to p,,f
him on the stand" interrupted the Justice
thunderingly. Take seat In the witness
chair, Mr.. Lambert. and be sworn
object to the jurors leaving the Jury
box and to the courts instructions
objection overruled."
Exception"
Mr.. Lambert, do you solemnly swear
Il object to the Jurors being eu,orr o., :,