“He said, as near as I can remember,” replied Stener, drumming on the arms of the witness-chair in a nervous way, “that if I didn’t give him three hundred thousand dollars he was going to fail, and I would be poor and go to the penitentiary.” “Object!” shouted Stager, leaping to his feet. “Your honor, I object to the whole manner in which this examination is being conducted by the prosecution. The evidence which the district attorney is here trying to extract from the uncertain memory of the witness is in defiance of all law and precedent, and has no definite bearing on the facts of the case, and could not disprove or substantiate whether Mr. Cowperwood thought or did not think that he was going to fail. Mr. Stener might give one version of this conversation or any conversation that took place at this time, and Mr. Cowperwood another. As a matter of fact, their versions are different. I see no point in Mr. Shannon’s line of inquiry, unless it is to prejudice the jury’s minds towards accepting certain allegations which the prosecution is pleased to make and which it cannot possibly substantiate. I think you ought to caution the witness to testify only in regard to things that he recalls exactly, not to what he thinks he remembers; and for my part I think that all that has been testified to in the last five minutes might be well stricken out.” “Objection overruled,” replied Judge Payderson, rather indifferently; and Steger who had been talking merely to overcome the weight of Stener’s testimony in the minds of the jury, sat down. Shannon once more approached Stener. “Now, as near as you can remember, Mr. Stener, I wish you would tell the jury what else it was that Mr. Cowperwood said on that occasion. He certainly didn’t stop with the remark that you would be ruined and go to the penitentiary. Wasn’t there other language that was employed on that occasion?” “He said, as far as I can remember,” replied Stener, “that there were a lot of political schemers who were trying to frighten me, that if I didn’t give him three hundred thousand dollars we would both be ruined, and that I might as well be tried for stealing a sheep as a lamb.” “Ha!” yelled Shannon. “He said that, did he?” “Yes, sir; he did,” said Stener. “How did he say it, exactly? What were his exact words?” Shannon demanded, emphatically, pointing a forceful forefinger at Stener in order to key him up to a clear memory of what had transpired. “Well, as near as I can remember, he said just that,” replied Stener, vaguely. “You might as well be tried for stealing a sheep as a lamb.” “Exactly!” exclaimed Shannon, whirling around past the jury to look at Cowperwood. “I thought so.” “Pure pyrotechnics, your honor,” said Steger, rising to his feet on the instant. “All intended to prejudice the minds of the jury. Acting. I wish you would caution the counsel for the prosecution to confine himself to the evidence in hand, and not act for the benefit of his case.”