The Court—Well, when it comes to taking the whole day, to prepare affidavits, I hate to lose the time. Col. Darrow is certainly laboring under a mistake when he says this court has ever taken a day to prepare an opinion. I read an opinion the other day. The court waited from 1:30 to 3—no,—the forenoon, about five hours, perhaps. It did take time, yes. I believe that is correct.
Gen. Stewart—Your honor needed that time.
Mr, Darrow—I want to ask if it is unreasonable for me to ask for the rest of the day to prepare the statements?
The Court—I don't know.
Mr. Darrow—I ought to know.
The Court—Do you think you need the time?
Mr. Darrow—I do need it, your honor.
The Court—You would know better than I.
Mr. Darrow—I will read them tomorrow.
Gen, Stewart—They wouldn't be read; just filed in the record.
The Court—Yes, they will be filed in the record; no occasion to read them.
Mr. Darrow—All right.
Mr. McKenzie—It has been held that they can go in any time in the world; why take the time of the jury? Put them in the record any time after the lawsuit is done.
The Court—You would dictate to the court stenographers what you expect to prove, and then let it be copied and filed later.
Mr. Darrow—No, I think it ought to be in the record.
Mr. Malone—We have these witnesses here who cannot stay here; we want to make use of them while they are here.
The Court—I mean right now, dictate it.
Mr. Darrow—No, we want to dictate it from our witnesses' statements.
Says Me Wants to Be Fair.
The Court—Regardless of the opinion of counsel, I have no purpose except to be fair, but if it takes the day to do it, why of course, but I hate to lose the time, but justice is more important than time.
Mr. Darrow—Certainly, your honor, Your honor, we will come in tomorrow morning.
The Court—Have any of you gentlemen on the state's side any suggestions to make; do you want to be heard any further?
Gen. Stewart—I would like very much to have the afternoon, your honor. There is nothing left now except the argument of the case before the jury.
The Policeman—Order in the courtroom.
Gen. Stewart—We hate so much to lose this time. I do not want to be unreasonable. But, they have six men here.
The Court—Col. Malone, you think you could be ready by 1 or 1:30?
Mr. Malone—Your honor, we have these witnesses here, and they have summer assignments; we don't expect it is possible to make a statement in public here; we cannot do it in public, we have to concentrate upon it. (Consultation between counsel not heard by reporter).
Mr. McKenzie—Both counsels have agreed that a large number of counsel are worn out. These gentlemen want to try and prepare their affidavits; we know we cannot finish the case tomorrow, and there are many reasons why the jury should have a chance to go home and rest. This is the situation, and it is the unanimous agreement we made here, a minute or so ago, subject to your honor's agreement, to finish this case on Monday at 8 o'clock.
Mr. Malone—We think we can finish it up on Monday.
The Court—Today is Friday.
Mr. Malone—Yes, your honor.
The Court—That is agreeable to the court if it suits both sides.
Mr. McKenzie—Suits the attorneys on both sides.
Mr. Hays—Before we adjourn, we do not understand that we have agreed merely to file the affidavits,
