Page:The Art of Cross-Examination.djvu/245

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THE BELLEVUE HOSPITAL CASE

was ruled out. As the examination proceeded, however, the Court began to change its attitude entirely toward the witness. The presiding judge constantly frowned on the witness, kept his eyes riveted upon him, and finally broke out at this juncture: "Let me caution you, Mr. Minnock, once for all, you are here to answer counsel's questions. If you can't answer them, say so; and if you can answer them, do so; and if you have no recollection, say so."

Witness. "Well, your Honor, Mr. ——— has been cross-examining me very severely about my wife, which he has no right to do."

Court. "You have no right to bring that up. He has a perfect right to cross-examine you."

Witness (losing his temper completely). "That man wouldn't dare to ask me those questions outside. He knows that he is under the protection of the court, or I would break his neck."

Court. "You are making a poor exhibit of yourself. Answer the questions, sir."

Counsel. "You don't seem to have any memory at all about this transaction. Are you testifying from memory as to what you saw, or making up as you go along?"

Witness (no answer).

Counsel. Which is it?"

Witness (doggedly). "I am telling what I saw."

Counsel. "Well, listen to this then. You said in your affidavit: 'The blood was all over the floor. It was covered

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