334
The Green Bag
agreed not to interpose any technical objections and to conclude long before train time. At two o'clock Danfield called his client and interrogated him thus:— Q. "Your name is Olie Olesen, I be lieve?" Quick as a flash Dunforth was on his feet. "I object! I object! May it please your Honor, / object!" "State your objection, please, Mr. Dunforth," said the Court. "Why, may it please your Honor, the question is leading! It is suggestive! Why, the counsel is putting the answer in the mouth of the witness! Counsel knows, or perhaps I had better say, should know that such examination is not proper—is grossly unprofessional! In the name of fair play and decency I object to the question and demand that the rules of law be enforced in the examination of this, an interested wit ness!" The Court said mildly, a smile creep ing over his features:— "Your objection, Mr. Dunforth, as I understand it, is, that the question is leading. Am I correct?" "Yes, your Honor!" bawled the coun sel, "It is leading and suggestive and puts the answer in the mouth of the witness! A most willing witness, your Honor!" The Judge smilingly replied, "It cer tainly does suggest to the witness his name. I will hear from the other side. Mr. Danfield, have you anything to say in response to the argument of coun sel?" Mr. Danfield sprang to his feet, ran his hands through his locks, and shouted at the top of his voice:— "Much! may it please your Honor, much! I will show to your Honor that I know what I 'should' know about this
question, and moreover, I will demon strate to your Honor's satisfaction, be fore I get through, that the learned (?) gentleman is ignorant of the elementary principles of law! I will show your Honor on principle and by authority that the question, though suggestive and perhaps leading, is merely preliminary and hence admissible! I shall read, first, may it please your Honor, from Greenleaf on Evidence. That learned author (whom the astute counsel may have heard of, though he evidently has never read him), says at page 233, vol. —" Here the Court, seeing a chance for his Denver trip, broke in :— "Gentlemen, this is a most important question. Counsel for the plaintiff con tends that the question propounded to the witness is leading and suggestive and in effect tells the witness what answer to make. Counsel for the defendant admits that the question is suggestive and perhaps leading, but alleges that it is merely preliminary and therefore ad missible, and is apparently prepared with authorities to support that conten tion. In order that you may both be heard you are each permitted to pre pare and file written briefs covering the point and present them to me when court next meets. "Mr. Bailiff, adjourn court until Mon day morning at 10 o'clock."
That night, in a Pullman, en route for Denver, the Judge got into a game of "Draw" with some experts (in the law, I mean) viz., a U. S. Senator, an eminent Judge of the Court of Appeals, and the recognized leader of the Colorado bar, whom we shall call "Charlie," and was so elated concerning his triumph over the hitherto invincible D. & D., that he recklessly—a Jack Pot being
