The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-10-31
HIS FIRST LOVE CASE.

cause ne WOulu not take a case tnat
he was not sure Of or was SO re-
sourceful that his opponents could
never defeat him does not appear.
The fact remains that until the Yard
ley case was tried no Judge or jury
had ever brought final decision or
verdict against him. Upon that case
hangs a tale.
Mrs. Yardley died, leaving some
$4,000 to sister, Mrs. Hunt who had
nursed her in her last illness. cutting
off her own daughter, Julia Scott, q
young married woman living in a 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 Wood
worth would win, for he has estab-
lished every point needed to estab-
lish his plea.
The defendants counsel called for
Margaret Hunt. and the name was re-
peated by the clerk with no more
reverence than he would have spoken
the name of habitual criminal
There was q rustic of woman's dress,
and a young girl-she was the daugh-
ter 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
entrance was chatting with a fellow
attorney. When he turned his eyes
to the witness they rested upon
vision of loveliness. Not only he, but
| Judge, jury-indeed, every one in the
court-fell under the spell of her
presence. In a voice low and sweet
she responded to the questions put TO
her by the defendants counsel, who
ELECTED from her testimony which If
not shaken might yet turn the case
against the plaintiff. But those who
| know Woodworth did not fear. 1t was
upon cross-examination that he was
especially strong. Indeed, as he list
| ened to her evidence he saw a weak
point that destroyed its value. She
/
heard between her mother and the
tee yator 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
we're talking.
When WoodwOrth took the witness
for cross-examination and stood franz
ing his first question a slight tremor
passed over the girl, and she cast "a
quick glance at the judge as II to be-
seech protection. Then she turned her
eyes back on the lawyer, bit her lip
as If to gain courage and submitted
herself to be tormented. She did not
doubt for moment that Woodwork
would prove her perjurer.
Miss Hunt" me 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?"
A trouble look passed over the face
Of the witness, and she did not an
swer the question.
The husband Of the testator had
been a physician, and his house-the
house in which the conversation Oc-
curred-was fitted with a speaking
tube between the front door and the
doctors bedroom. His window oc-
cupied the bedroom to which the tube
led, Miss Hunt, standing at the front
door directly before the lower tube
mouth awaiting admittance, had
heard the conversation through the
tube. Woodwork knew this and
was prepared to make the statement
appear improbably. He might force
her to admit that she was not in the
house at all, then deny her a 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 fawn regarding a
hunter about to plung a knife into its
throat. Then her eyes filed.
Woodworth's case was lost. All he
had to do to win it was to draw out
the girls testimony so as to make II
appear to the jury a 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 tc
win.
LET me see" he said. looking
down at some notes he had made on
a bit of paper. Perhaps can get al
1t in another way"
The other way did not lead to the
speaking tube or to anything that
would compromise the witness. AT,
ter asking a number of irrelevant
questions he released her from fur.
ther examination.
Everyone wondered The jury
brought in a verdict for the defend
ant.
Woodwork went from the court.
room to his Office. where he wrote {
note to his client informing her that
the ease had been lost through his
own fault and inclosing his check fol
$4,000,