The Art of Cross-Examination Part 28

_Mr. Choate._ "In the usual form? Was there ever any usual form for a case like this?"

_Mr. Sage._ "Yes, sir."

_Mr. Choate._ "Did you ever know of such a case before?"

_Mr. Sage._ "No, sir."

(Mr. Choate then pursued this inquiry, in various forms, for at least one hundred questions more, and getting no satisfactory answer, he continued, "We will drop the subject and go to something else.")

_Mr. Choate._ "Since Mr. Laidlaw made this claim against you, you have been very hostile against him, have you not?"

_Mr. Sage._ "No, sir, not hostile."

_Mr. Choate._ "Have you not called him all sorts of bad names?"

_Mr. Sage._ "I said he did not tell the truth."

_Mr. Choate._ "Have you denounced him as a blackmailer? When did you do that?"

_Mr. Sage._ "I might have said that a man who would persevere in making a statement that there was not a word of truth in, and demanding a sum of money--I don't know what you call it. Call it what you please."

_Mr. Choate._ "Did you not say that you would see Laidlaw a tramp before he would get through with this case?"

_Mr. Sage._ "I have no recollection of any such thing."

_Mr. Choate._ "Will you swear you didn't?"

_Mr. Sage._ "I won't swear. I might."

_Mr. Choate._ "What?"

_Mr. Sage._ "I won't testify to what I have said."

_Mr. Choate._ "I want you to say whether you will swear that you said that you would see Laidlaw a tramp before he got through."

_Mr. Sage._ "I don't know."

_Mr. Choate._ "Do you not know that when the last juror was excused from the jury-box, or discharged, he stated in the presence of the court and the other jurymen that after the verdict rendered by the former jury in this case against you, Mrs. Sage went to him at Tiffany's and stated that the verdict was a great outrage, and that Mr. Sage would never pay a cent?" (This question was bitterly objected to by Mr. James, but allowed by the court.)

_Mr. Sage._ "I want to state right here, if you will permit--"

_Mr. Choate._ "The first business is to answer this question."

_Mr. Sage._ "I don't know it. I know that Mrs. Sage denied ever having said anything of the kind."

_Mr. Choate._ "You think the juror told a falsehood?"

_Mr. Sage._ "Mrs. Sage has no recollection of having said that."

_Mr. Choate._ "Did you say to anybody that it was an outrage?"

_Mr. Sage._ "I have no recollection. I think it is the greatest outrage that was ever attempted by a respectable lawyer."

_Mr. Choate._ "Did you not say that you would spend $100,000 dollars in defending this case rather than pay a cent to Laidlaw?"

_Mr. Sage._ "I have great confidence in the courts of this state and the United States, and I am fighting for other people besides myself, and I propose to have this case settled by the highest courts."

_Mr. Choate._ "No matter what this jury says?"

_Mr. Sage._ "I have great respect for them that they will decide the case rightly. I want to know if a man can come into my office, and because a tramp drops in there and an accident happens, and an injury done, I am responsible for that?"

_Mr. Choate._ "These harangues of yours take a great deal of time. I ask you whether or not you knew that Laidlaw at the time of this accident had been very badly hurt?"

_Mr. Sage._ "Yes, sir; I knew he had been."

_Mr. Choate._ "Do not you know he was laid up in the hospital helpless?"

_Mr. Sage._ "I understand he was. Yes, sir."

_Mr. Choate._ "Did it ever occur to you to see what you could do for him?"

_Mr. Sage._ "Yes, sir. I sent my brother-in-law to inquire after him twice."

_Mr. Choate._ "Did you visit him yourself?"

_Mr. Sage._ "I did not."

_Mr. Choate._ "Did you do anything to relieve his sufferings?"

_Mr. Sage._ "I was not called upon to do anything of the kind."

_Mr. Choate._ "I did not ask you whether you were called upon. I asked whether you did?"

_Mr. Sage._ "I did not."

_Mr. Choate._ "Did not you refrain from going to see him because you were afraid if you did he would make a claim upon you?"

_Mr. Sage._ "No, sir."

_Mr. Choate._ "Did you care whether he was going to get cured or not?"

_Mr. Sage._ "It is an outrage to ask such a question."

_Mr. Choate._ "Did you have a grandnephew, Chapin, at this time?"

_Mr. Sage._ "Yes."

_Mr. Choate._ "Was he a.s.sistant editor of the _World_ at that time?"