A Tough Witness
Not even a lawyer, however skilful in cross-examination, can make a witness tell the truth, provided the witness wishes to evade it. It is impossible to put the question in such exact language that it will demand the desired answer. It was necessary, on a certain occasion in court, to compel a witness to testify as to the way in which a Mr. Smith treated his horse. “Well, sir,” said the lawyer, with a sweet and winning smile—a smile intended to drown all suspicion as to the ulterior purposes—“how does Mr. Smith generally ride a horse?” The witness looked up innocently and replied: “Generally a-straddle, sir, I believe.” The lawyer asked again: “But, sir, what gait does he ride?” The imperturbable witness answered, “He never rides any gate at all, sir; but I’ve seen his boys ride every gate on the farm.” The lawyer saw he was on the track of a Tartar, and his next question was very insinuating. “How does Mr. Smith ride when he is in company with others? I demand a clear answer.” “Well, sir,” said the witness, “he keeps up with the rest if his horse is able to, or if not he falls behind.” The lawyer by this time was almost beside himself, and asked: “And how does he ride when he is alone?” “I don’t know,” was the reply, “I never was with him when he was alone,” and there the case dropped.