Court convened, and the case was called. As might have been expected,
the judge held that under the pleadings it was not a jury case. The
panel was accordingly excused for the day, and joined those curiously
inclined in the main body of the room. The complaining witnesses were
called, and under direct examination the essential facts were brought
forth, laying the foundation for a legal separation. The plaintiff was
the last witness to testify. As she told her simple story, a hushed
silence fell over the room, every spectator, from the judge on the
bench to the sheriff, being eager to catch every syllable of the
recital. But as in duty bound to a client, the attorney for the
defendant, a young man who had come from San Antonio to conduct the
case, opened a sharp cross-questioning. As the examination proceeded,
an altercation between the attorneys was prevented only by the presence
of the sheriff and deputies. Before the inquiry progressed, the
attorney for the plaintiff apologized to the court, pleading
extenuating circumstances in the offense offered to his client. Under
his teachings, he informed the court, the purity of womanhood was above
suspicion, and no man who wished to be acknowledged as a gentleman
among his equals would impugn or question the statement of a lady. The
witness on the stand was more to him than an ordinary client, as her
father and himself had been young men together, had volunteered under
the same flag, his friend offering up his life in its defense, and he
spared to carry home the news of an unmarked grave on a Southern
battle-field. It was a privilege to him to offer his assistance and
counsel to-day to a daughter of an old comrade, and any one who had the
temerity to offer an affront to this witness would be held to a
personal account for his conduct.
The first day was consumed in taking testimony. The defense introduced
much evidence in rebuttal. Without regard to the truth or their oaths,
a line of witnesses were introduced who contradicted every essential
point of the plaintiff’s case. When the credibility of their testimony
was attacked, they sought refuge in the technicalities of the law, and
were supported by rulings of the presiding judge. When Oxenford took
the stand in his own behalf, there were not a dozen persons present who
believed the perjured statements which fell from his lips. Yet when his
testimony was subjected to a rigid cross-questioning, every attempt to
reach the truth precipitated a controversy between attorneys as bitter
as it was personal. That the defendant at the bar had escaped
prosecution for swindling the government out of large sums of money for
a mail service never performed was well known to every one present,
including the judge, yet he was allowed to testify against the
character of a woman pure as a child, while his own past was protected
from exposure by rulings from the bench.
Public-domain text, read in full here on John Shaqi.
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