The Ketchikan miner., 1908-10-24
A Lawyers First Lost Case
,,-::-::--,,..-,-,-;-ss-,--.-.-,-i...-,-.-:-,-,-
Ioriginal.l

loriginai1
 Myron Woodwork was an attorney just passing middle age. He was known as the lawyer who had never lost case. Whether this was because he would not take case that he was not sure of or was so resourceful that his opponents could never defeat him does not appear. The fact remains that until the Yardley case was tried no judge or jury had ever brought q final decision or verdict against him. | Upon that case hangs tale. Mrs. Yardley died. leaving some $10.- GOO to a sister. Mrs. Hunt. who had nursed her in her last illness, cutting off her own dau~hter, Julia Scott. a young married woman living in diff ferent place. Mrs. Scott undertook to break the will on the ground that her aunt had influenced her mother while under the effect of opiates to leave her property to the aunt. No one doubted up 10 the last moment that Woodwork would win, for he had established every point needed to establish his plea. There was but one more witness to examine. whose testimony was not supposed to be important. The defendants counsel called for Margaret Hunt. and the name was re- peated by the clerk with no more rev erence than he would have spoken the name of habitual criminal. There was rustic of woman's dress, and young girl-she was the daughter of the defendant-passed to the witness stand. Her very appearance begot an unconscious deference in every man in the courtroom.
 Woodwork at the moment of her en- trance was chatting with a fellow at torney When he turned his eyes to of loveliness. Not only he. but judge. 1 jury-indeed. every one in the court fell under the spell of her presence. In voice low and sweet she respond ed to the questions put to her by the defendants counsel. who elicited from her testimony which if not shaken might yet turn the case against the plaintiff But those who knew Wood worth did not fear. It was upon cross examination that he was especially strong Indeed, as he listened to her evidence be saw weak point that de- stroyed its value. She had repeated conversation she had heard between her mother and the testator in which the former urged the latter to leave her property to her daughter, Julia Scott But the witness had said that she was not in the room and did not see those who were talking.
 When Woodworth took the witness for cross examination and stood fram- ing his first question a slight tremor passed over the girl. and she cast quick glance at the judge as if to be- seech protection. Then she turned her eyes back on the lawyer. bit her lip as If to gain courage and submitted her self to be tormented. She did not doubt for a moment that Woodwork would prove her a perjurer.
 Miss Hunt" he said. "how far was the room in which you were when you overheard the conversation you have mentioned from the room in which the conversation occurred?'
 4 troubled look passed over the face of the witness, and she did not answer the question.
 The husband of the testator had been a physician, and his house-the house in which the conversation occurred was fitted with speaking tube be- tween the front door and the doctors bedroom. His widow occupied the bedroom to which the tube led Miss Hunt, standing at the front door di- rectly before the lower tube mouth awaiting admittance. had heard the conversation through the tube. Wood worth knew this and was prepared to make the statement appear improb- able. He might force her to admit that she was not i1 the house at all. then deny her chance to tell how she had overheard the conversation.
 He stood looking at the girl, who looked at him with all the gentle re- proachfulness of a fawn regarding a hunter about to plunge knife into its throat. Then her eyes became dimmed with tears.
 | Woodworth's case was lost All he had to do to win 1t was to draw out the girls testimony so as to make 1t appear to the jury a weak invention. | He knew in fact, as well as by her 1 guiltless bearing. that she spoke the truth. At the moment of triumph he gave up victory. gave up his clients case, which he was in duty bound to win.
 Let me see" he said, looking down at some notes he had made on a bit of paper. Perhaps I can get at 1t In an- other way"
 The other way did not lead to the speaking tube or to anything that would compromise the witness After asking number of irrelevant ques- lions he released her from further ex- animation.
 Every one wondered. The jury brought in verdict for the defendant Woodwork went from the court room to his office, where he wrote a note to his client informing her that the case had been lost through his own fault and inclosing his check for s10.- OOO.
 But if the attorney lost the man