The Art of Cross-Examination Part 21

"Although you had seen a man choked to death with a sheet on Wednesday night, you knew on Friday morning that there was nothing you could write about?"

_Witness_ (hesitating). "I didn't know they had killed the man."

_Counsel._ "Although you had seen the patient fall unconscious several times to the floor after having been choked with the sheet twisted around his neck, you knew there was nothing to write about?"

_Witness._ "I knew it was my duty to go and see the charity commissioner and tell him about that."

_Counsel._ "But you were a newspaper reporter in the asylum, for the purpose of writing up an article. Do you want to take back what you said a moment ago--that you knew there was nothing to write about?"

_Witness._ "Certainly not. I did not know the man was dead."

_Counsel._ "Did you not testify that the morning after you had seen the patient choked into unconsciousness, you heard the nurse call up the morgue to inquire if the autopsy had been made?"

_Witness_ (sheepishly.) "Well, the story that I had the contract for with the _Herald_ was cancelled."

_Counsel._ "Is it not a fact that within four hours of the time you were finally discharged from the hospital on Sat.u.r.day afternoon, you read the newspaper account of the autopsy, and then immediately wrote your story of having seen this patient strangled to death and offered it for sale to the _New York World_?"

_Witness._ "That is right; yes, sir."

_Counsel._ "You say you knew it was your duty to go to the charity commissioner and tell him what you had seen. Did you go to him?"

_Witness._ "No, not after I found out through reading the autopsy that the man was killed."

_Counsel._ "Instead, you went to the _World_, and offered them the story in which you describe the way Hilliard was killed?"

_Witness._ "Yes."

_Counsel._ "And you did this within three or four hours of the time you read the newspaper account of the autopsy?"

_Witness._ "Yes."

_Counsel._ "The editors of the _World_ refused your story unless you would put it in the form of an affidavit, did they not?"

_Witness._ "Yes."

_Counsel._ "Did you put it in the form of an affidavit?"

_Witness._ "Yes."

_Counsel._ "And that was the very night that you were discharged from the hospital?"

_Witness._ "Yes."

_Counsel._ "Every occurrence was then fresh in your mind, was it not?"

_Witness_ (hesitating). "What?"

_Counsel._ "Were the occurrences of the hospital fresh in your mind at the time?"

_Witness._ "Well, not any fresher then than they are now."

_Counsel._ "As fresh as now?"

_Witness._ "Yes, sir."

_Counsel_ (pausing, looking among his papers, selecting one and walking up to the witness, handing it to him). "Take this affidavit, made that Friday night, and sold to the _World_; show me where there is a word in it about Davis having strangled the Frenchman with a sheet, the way you have described it here to-day to this jury."

_Witness_ (refusing paper). "No, I don't think that it is there. It is not necessary for me to look it over."

_Counsel_ (shouting). "Don't _think_! You know that it is not there, do you not?"

_Witness_ (nervously). "Yes, sir; it is not there."

_Counsel._ "Had you forgotten it when you made that affidavit?"

_Witness._ "Yes, sir."

_Counsel_ (loudly). "You had forgotten it, although only three days before you had seen a man strangled in your presence, with a sheet twisted around his throat, and had seen him fall lifeless upon the floor; you had forgotten it when you described the incident and made the affidavit about it to the _World_?"

_Witness_ (hesitating). "I made two affidavits. I believe that is in the second affidavit."

_Counsel._ "Answer my questions, Mr. Minnock. Is there any doubt that you had forgotten it when you made the first affidavit to the _World_?"

_Witness._ "I had forgotten it."

_Counsel_ (abruptly). "When did you recollect?"

_Witness._ "I recollected it when I made the second affidavit before the coroner."

_Counsel._ "And when did you make that?"

_Witness._ "It was a few days afterward, probably the next day or two."

_Counsel_ (looking among his papers, and again walking up to the witness). "Please take the coroner's affidavit and point out to the jury where there is a word about a sheet having been used to strangle this man."

_Witness_ (refusing paper). "Well, it may not be there."

_Counsel._ "Is it there?"

_Witness_ (still refusing paper). "I don't know."

_Counsel._ "Read it, read it carefully."

_Witness_ (reading). "I don't see anything about it."

_Counsel._ "Had you forgotten it at that time as well?"

_Witness_ (in confusion). "I certainly must have."