Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
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Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
while under the influence of opiates. I foresaw that it would not do to
subject this young woman to a severe cross-examination or say anything
that implied that we doubted her honesty or veracity, and yet something
must be done or we were sure to lose our case. I took my young bachelor
friend, Judge Kavanaugh, to one side and told him wherein we were in
danger, and as he was a member of the same church and was himself an
Irishman, and had no doubt "kissed the Blarney stone," it was
absolutely necessary for him to cultivate the acquaintance of this
witness, even to the very verge of proposing matrimony. I told him I
could easily attend to the law of the case, the cross-examination of
the witnesses, but this witness was outside my jurisdiction. He readily
agreed to undertake the part of the case that I assigned to him. He
accompanied the lady to and fro from her hotel at every adjournment or
sitting in the court, and she evidently was very much pleased with his
attentions. I cautioned him not to talk too much about the case, but
talk of other things that he would find probably more agreeable
subjects of conversation to the witness and to himself. He performed
his part so admirably that when Judge Cole called upon his star witness
she proved a flat failure upon his hands. She said yes in answer to his
questions, that when the deceased was under the influence of her
opiates she was a little flighty, but that amounted to nothing, that
when the influence of the opiate was gone she was perfectly rational
and capable of understanding what she was doing at all other times. The
result was that the jury found a verdict in our favor and the will was
sustained. Judge Given, however, who was a member of the Presbyterian
church, seemed to be disappointed at the result of the suit, and set
aside the verdict and granted the parties a new trial. From this action
of the court we took an appeal to the supreme court, and the supreme
court reversed Judge Given's decision, holding that there was no
evidence that would have justified the jury in finding against the
validity of the will, and they remanded the cause with orders to the
district court to render judgment in our favor. In conversation with
Father Brazil after the case was over we were discussing the probable
reasons that induced Judge Given to set aside the verdict of the jury.
I suggested that perhaps he had been reading Eugene Sue's remarkable
work called _The Wandering Jew_. I asked Father Brazil if he had
ever read that book. He smiled pleasantly and said yes, and when I
expressed my surprise that he should indulge in such literature, he
remarked very calmly that he always thought best to know what the world
was saying about his church and people.
Public-domain text, read in full here on John Shaqi.
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