Devils Lake inter-ocean and Devils Lake free press. (Devils Lake, Ramsey County, N.D.) 1905-1909, 1908-12-11
!: ALaw,yer's First Lost Case


known as the lawyer who had neve.
lost a case Whether this was because; 4
he would not take case that he was /
not sure of or was so resourceful thai 81
his opponents could never defeat hiu, &
does not appear. The fact remains
that Until the Yardley case was tried.
no judge or jury had ever brought az
final decision or verdict against ,himsS
Upon that case hangs tale. =
Mrs. Yardley died, leaving some $40. z
600 to sister, Mrs: Hunt, who had
nursed her in her last illness, cutting Z
off her own daughter, Julia Scott, az
young married woman living III d Diff I
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 to the last moment that w oodworth
would win, for he had established !,
every point needed to establish HE Z
plea. There was but one: more witness
to examine, whose testimony was not !;
supposed to be important. i
The defendants. counsel called 70, I
Margaret Hunt, and the name was re.
peated by the clerk with no more rev. I
erence than he would have spoken the 4
name of a 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 Difference in every man in !.
the courtroom.
Woodwork at the moment Of her en-
trance was chatting with fellow at 7
torney. When he turned his eyes tt
the witness they rested upon vision
Of loveliness. Not only he, but judge
jury-indeed, every one in the court-s:
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 elected from
her testimony which IL not shaken
might yet turn the case against the.
plaintiff. But those who knew Wood.
worth did not fear. 1t was upon cross
examination that he was especially
AE3tVA1gsA
evidence he saw weak point That DE-
stroyed its value. She had repeated O.
conversation she had heard between
her pother and the teatator sn which
the forsaer urged the iatbsr % leave
her property to- her daughter, Julia
! Scott But the witness had sa3A thai
she was not in the room and daA not
see those who were talking. --s.~assasss
When Woodwork took tho waeneaa
! for cross examination and stood hans
ing his first question a slight taSno
passed over the girl, and shs. cast d
quick glance at the Judge as IL 10 BE-
| seech protection. Then she turned hef
eyes back on the lawyer, bit her, lip al
II to gain courage and submitted her.
self to be tormented. She did not
doubt for moment that Woodworth
would prove her perjurer. A
Miss Hunt" he said, "how far vas
the room in which you were when yoa
overheard the conversation you have
mentioned from the room in which the:
conversation occurred?" - =
| A troubled look passed over the face
Of the witness, and she did not answer;
the question. - e
The husband Of the testator had beer
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
| hA0rnnn w ho f,,k la
Hunt, standing at the front door d.
rectly before the lower tube mouth
awaiting admittance. had heard the:
cow ersation 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 in the house at all. then
deny her chance to tell how she had
overheard the conversation. 81
He stood looking at the girl, who
Hooked at him with all the gentle. re-.
proachfulness Of a fawn regarding a
hunter about to plunge knife into ltd
throat. Then her eyes became dsmmedi
| with tears. :. r.. 81:
| Woodworth's case was lost. All be-
had to do to win 1T was to draw ont
the girls testimony so as to: make III.
appear to the jury weak invention
he knew In fact, as well as by her
l'Sui1dess bearing, that she spoke the
truth. AT the moment OF triumph hs5
gave up victory. gave up his selienFs5
case, which he was In duty; DOnnd3
Il 60 win. ,5$..' :s:=5;$ Ssa
Let me see," he said, looking doHaa
ae SOME notes he had made on bit a3a
paper. perhaps ! can net at ts Bn 5an.
other way -. -. ii B .ss3
The other way did hot lead to ~
speaking tube or 60 auythsug inst
would compromise the witness. AFTER
asking number Of Irrelevant auss.I
aons be released her from furtiser Ell
animation. ~ = l:57@ 3.3s .8s.:55sl
EVERY one wondered. The Jary|
Drought In verdict for the defendant
Woodworth went from tha court
room to his ONCE, where me- wrote III
note to his client informing her. that
the case had been lost through, his gyFn1