Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-06
XXI.

The shock of Bayne's mute message
numbed me for an instant. but when l
fully realized its meaning ] felt resent
full and irritated. was provoked with
my associate for presuming to warn me
against being hoodwinked, and annoyed
with myself. A cheap trick to eaten the
jury's sympathy was quite In line with
Barstow's other dubious tactics, but to
admit that he had attempted 1t was to
acknowledge that I had been caught. and
I covertly scanned the faces of the other
occupants of the Jury box to discover
what impression had been made upon
The result was not reassuring There was
no indication Of concern or sympathy IN
any of the jurors faces. Indeed. l thought
detected signs Of impatience and dls.
gust in more than one countenance, and
l reluctantly reached the conclusion that
/ was the only man who had been de-
cefved by Barstows cheap maneuver. But
while / admitted this to myself, l was
conscious of resenting the failure of the
trick rather than the trick itself.
Barstow had at first impressed me as
an able man. trucuient and disagreable.
but keen and resourceful. His conduct OF
the case, however, had been singularly
disappointing. His defense had been
watchful but his offense was feeble, and
his strategy not only ineffective. but un-
scrupulous. But II / had lost all conf
dence in his generalship 1t was evident
that the defendant did not share my mis-
giving. Her face expressed implicit trust
ana commence IN her ADVISER, ana as
watched her eyes following his every move
ment experienced feeling of intense pity
for the woman and desire to protect her
from the errors of the laundering bully to
whom she had intrusted her life. had no
legal training whatever, but argued that
l was In q better position than any lawyer
to judge the necessities of the case, and I
determined to draw attention to Madeleine
Mapes at the first opportunity and save a
miscarriage of justice.
My resolve was no sooner taken than Bar
tow proceeded to Justify it by move which
to my mind was recklessly foolish for he at
once recalled the disastrous close of the
last day by moving to strike the bank cash
ier's testimony from the record. The wit
ness had had no right he declared, to tes-
tlry that the checks with the doubtful Sig
Alice Emory. The papers themselves he
insisted, were the best evidence of what
they contained. and he demanded that they
be produced, II any inference was to be
drawn from their contents.
The only effect of this speech was to en-
phasfze an injurious fact for Gilbert imme-
dlately pointed out that Barstow himself
had opened the door for the cashiers dis
closure by introducing the subject of the
disputed checks and that having done so it
was too late for him to shut out unfavor
able answers. The judge promptly agreed
with him, and the defendants counsel took
an exception to the ruling of the court.
had heard Barstow utter the word "ex-
ception' on other occasions when the judge
had decided against him, but not until then
did realize his purpose. He was recording
all possible errors of the court on tech
meal points of law, in the hope of over
turning the verdict in a higher court. He
was intrenehing himself against the hour
of defeat-faliing back upon his lines OF
retreat! My heart sank at the discovery If
he was relying on such tactics he must
have very little confidence in his cause.
The thought aroused my indignation and
lent fresh impulse to my plan of action. If
he had given up the fight. had not even
begun fighting, but when 1 did I would sur
render only when my faith was shattered
and my every conviction captured.
DR.. MacLean, please take the stand"
The physician who had testified at the
first hearing rose at Gilbert's bidding and
as he seated himself in the witness chair
ceased to be mere spectator and became
a volunteer.
Dr. MacLean testified that he was Mr..
Gregory Shaw's executor, acting under
will made more than year before the tes-
tator's death, and which had been regu-
larly proved as his last will and tesla
ment
WAS there any effort made by any one,
doctor, to prove the will leaving all Mr..
Shaw's property to his wife Alice?"
Gilbert held the disputed document in his
hand as he put the question
NO one appeared especially In support
OF that paper, the witness answered, "but
1ected."
Gilbert then offered In evidence the rec
ord of the probate court admitting the one
VIII and rejecting the other and after
long Wrange between the lawyers the Judge
received the proof, his decision being again
tion!'
The admission of this evidence did no,
seem important to me- OF course it went
lar to prove that the wife will was a
forgery but 1t by no means demonstrated
that the defendant had forged that docu-
ment' which was the real point at issue
mr. orrt L.
ana when he turned to cross-examine the
physician he was in his ugliest mood.
mad been favorably impressed by DIR.
Sia.,isaa he was a grave. earnest man,
olshinen IN his bearing, precise I'm his
speech, and apparently conscientious. hut
the moment his eyes met Barstow's glare 7
could see there was no love lost between
the two men,
You are familiar with Mr.. shaw's hand
writing, are you not, DOCTOR" Barsto1U he
gan. in a sharp tone ~
swered. pi'' sici''ii an
why so cautious doctor~. tho oross-o,-
amner queried. Haven't you seen him
write hundreds OF times and received count
less communications from him?"
am Familiar with his writing SIR,
ihen say so, doctor! You're not afraid
of dropping word which might ia yor tbss
defendant, are your ~
The witness flushed angriIy at the insn-
uating question.
You know l am not sirr, be rosro.,.
Indignantly. poiiueu'
1T is not a question of what know
but OF what you know, doctor. We want
the full benefit of your knowledge. without
tags or mental reservations. Knowing the
handwriting of the deceased as Won do arc
you positive that this is his SIGNATURE
( The lawyer held out the will Of which tho
WITNESS was executor.
II certainly am
k'You are postive?'
HQmte."
AytG hi 81
yon believe this to be a forgery?''
BGrstow thrust the document toward Nh.
witness, but the physician stared through
his gold trimmed spectacles at his ouestioner
and sat back in his chair without gIancfne
at the paper. is
r. is not important what / believe" he
answSked, after pause THE question of
forgerysfs for the court to decide
Still castious, I see, DOCTOR" Barstow
sneered. Ed you ever hear Of the cau-
tious Congressman who copyrighted Hs
speech? Well. h6>died OF his trouble. and
you're injuring youTaelf Won't yo,, an
swer my question IL yoa.ye nothing 10 con-
ceal? Do you believe this .sJgnature on the
wife will to be forgery?e,..
The witness hesitated and thef.s shut ont
his answer like retort. ~.
Yes. sir-I do!"
Barstow greeted the answer with a IA wa *.