Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1908-09-23
A Lawyers First Lost Case
[Original.1

Myron WOODWORK was an attorney
Just passing middle age. He was
known as the lawyer who had never
lost q case. Whether this was because
he would not take a case that he was
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
final decision or verdict against him.
Upon that case hangs tale.
Mrs. Yardley died, leaving some $10,-
600 to a sister, Mrs. Hunt, who had
nursed her in her last illness, cutting
off her own daughter Julia Scott,
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 to 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 a
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
torney. When he turned his eyes to
the witness they rested upon a vision
Of loneliness. Not only he, but judge,
jury-indeed, every one in the court
fell under the spell Of her presence.
In voice low and sweet she respond
defendants counsel, who elected from
her testimony which II 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
strong. Indeed, as he listened to her
evidence he saw weak point that de-
stroyed it's value. She had repeated a
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 Woodwork took the witness
for cross examination and stood franz
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
II to gain courage and submitted her
self to be tormented She did not
doubt for a moment that Woodwork
would prove her 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 occurredw
A troubled look passed over the face
Of the witness, and she did not answer
the question. '-~--->-.~~-->-"
The husband of the testator had been
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 In 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 II was to draw out
the girls testimony so as to make It
appear to the jury weak invention.
He knew in fact, as well as by her
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 bit of
paper. Perhaps l can get at it 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