Page:The Green Bag (1889–1914), Volume 25.pdf/216

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The Editor's Bag for a stenographic report to file as addi tional and a correct record in this case, and counsel's only ruse in presenting this, which he is so willing to stand by, is to have me do that. I will wager that the minute I file that he will withdraw his own. He wouldn't dare to let the reviewing court compare the two. This case has already been tried three different times, and we have been forced to con siderable expense as it is. When I am willing to let him have the services of my reporter, he should be obliged to pay that expense, and especially when he is appealing this case, as he without any doubt whatever is, merely to cause us further expense and delay." "Well, your honor," retorted the old practitioner, "we have a right to appeal, so that is immaterial here. What is material is for him to prove this is wrong. He said he couldn't prove it was wrong. I will show him I want to be fair with him, and have always wanted to be fair with him. I will do this. I will put up my notes and this transcript against any stenographic report or anything else he has to show this is not correct, and if he can now show a single place wherein my transcript here is not correct or is over stated the least bit in my favor, why then I will order a stenographic report and present that. I don't ask him to show it is all wrong here, but just a single place, and if he can do that, then I will pay for the reporter's record. Isn't that a fair proposition, your honor, and haven't I all the way through here acted fair with him?" "I accept your proposition," said the young attorney eagerly. "Will your honor turn to the transcript of the testi mony of Mr. Blank, the main witness, and read "Yes, whatI he have has read in hisit," transcript said thethere?" judge finally. "I have here a stenographic report of

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the testimony of that witness. Will your honor look at that and see how it corresponds with counsel's version of that witness's testimony?" A smile crept slowly over the judge's face. The old practitioner, with a per plexed look, turned to the young attor ney and in a surprised and angry tone said, "Why, I thought you said you didn't have a stenographic report or anything to show it was wrong!" "I said a full transcript. I forgot to say that I had anticipated your ruse and your willingness to be fair with me, so I prepared for you. But you heard me also say that I accepted your proposition, the proposition just made by yourself to pay for a stenographic record. If you are any kind of a sport, I think you will buy." "Yes," finally concluded the judge. "I remember now what that testimony was, and I am afraid that you have it overstated somewhat in the one you present. It doesn't read like the same testimony at all. You had better order a stenographic report of it, don't you think, so long as he will let you have his stenographer?" "Very well, then, your honor. To show him I want to be fair, I will stand by my offer. I may say here in explana tion of this transcript, however, that when I made it up I got my notes of the evidence produced on the trial mixed with the testimony that I argued on my motion for a new trial, and I didn't just remember which was which, and it may be that I have it a little overstated." HARRY RANDOLPH BLYTHE WE REGRET exceedingly to record the death of Harry Randolph Blythe, a former contributor whose verses will be recalled by the readers of the Green Bag. Mr. Blythe died at the age of about thirty, at Swampscott,