The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1909-01-25

trary, I am suggesting that your
, honor shift the responsibility by
conforming to the established prac-
tice."
The speakers face was perfectly
grave, but his nostrils were slowly
dilating, and Osterfield was con-
scious of laugh in the irritatingly
calm drawl.
1.-THE court resents counsel's in
situations" he growled.
destinations, IL the court
please" heereplied, still speaking
affably, imply things limited at but
not fully expressed. 4 certainly
have nothing to gain by indirec-
ton, and with your honor's per-
mission I will proceed to make my
self entireyl clear"
He shifted his position slightly
and folded his arms.
"The interruption of which
complain" he began, in more SER
ious tone, "came at the crucial mo-
ment in my cross examination of
the most important witness in this
case. I protested, but your honor
saw fit to override me, and know
my remedy If your honor erred. But
desire that the fact of this inter
ruption, its cause and duration, be
noted on the record, together with
my objection and exception, and l
also ask the court to take notice of
the conduct of the witness, who
has"
A red faced lawyer sitting near
the speaker sprang to his feet.
IF the court please" he inter-
posed angrily, II object to the
statement fcounsel that the wit
ness has communicated with me.
Mr.. Delaplaine has never moved
from the witness chair, and l have
not crossed the rail which guards
it. Not one word has passed be-
tween u.s."
Actions sometimes speak louder
than Words retorted Maddox, en-
phatically, without glancing at the
attorney, land l assert that the
learned counsel and his now
equally learned witness have ex-
changed Signals"
II protest-if the court please! I
protest."
THE counsel doth protest too
much" quoted Maddox. with a
drawl. Does he deny?"
Most emphatically deny"
Take your seat, Mr.. Fletcher"
The red faced attorney dropped
into his chair and Osterfield's eyes
sought Maddox. For some seconds
the two men faced ecah other in
absolute silence. Osterfield's hand
CROPPED for pen, but his small
eyes watched Maddox under half
closed lids.
II warn counsel"-the judges
words were scarcely more than
whisper, tense and strained-"I
warn counsel that he has carried
this matter quite as far as he can
with safety. l advise him to pro-
coed at once to the trial of his
case
Maddox. who had been leaning
easily against the counsels' table,
stepped forward and laid his hands
lightly on the rail before him.
81 accept whatever responsibility
attaches to my action" he began,
quietly but earnestly, land l GER
tainly do not underestimate the
gravity of the present situation. l
most respectfully but positively
deny the right of this or any other
court to interrupt cross examina-
ton or to suspend proceedings ex-
cept for good and sufficient reason,
and | am not at all satisfied that
the personal or private convenience
Of the court affords either good or
sufficient reason. But" he contin-
ued. aggressively and with rapidly
gathering force, when the exercise
of that personal convenience coin
cides with the necessities of hard
pressed witness, then 1t is high
time the legality of such action was
tested, and | am prepared to test
it, if necessary, In the highest court
of this state! ! therefore demand
-"
stop. sir! Take your seat, sir!"
Maddox obeyed the Numbered or
der slowly and without relaxing his
stern gaze. The flush which had
crimsoned Osterfield's face at the
lawyers first words deepened.
Then it suddenly faded, leaving him
deathly pale. When he spoke
again his eyes once more sought
the side window and his voice,
though low, shook with passion.
(To be continued)