Attorney and client -- Fiction; Law firms -- Fiction; Legal stories; New York (N.Y.) -- Fiction
"Didn't you obstinately refuse to do so?"
Mr. Pepperill objected to "obstinately" and it was stricken out.
"I wasn't going to stay off where I had a right to go," asserted the
witness.
"And didn't you have warning that the dog was there?"
"Look here!" suddenly burst out Tunnygate. "You can't hector me into
anything. Appleboy never had a dog before. He got a dog just to sic him
on me! He put up a sign 'Beware of the dog,' but he knew that I'd think
it was just a bluff. It was a plant, that's what it was! And just as
soon as I got inside the hedge that dog went for me and nearly tore me
to bits. It was a rotten thing to do and you know it!"
He subsided, panting.
Tutt bowed complacently.
"I move that the witness' remarks be stricken out on the grounds first,
that they are unresponsive; second, that they are irrelevant,
incompetent and immaterial; third, that they contain expressions of
opinion and hearsay; and fourth, that they are abusive and generally
improper."
"Strike them out!" directed Judge Witherspoon. Then he turned to
Tunnygate. "The essence of your testimony is that the defendant set a
dog on you, is it not? You had quarreled with the defendant, with whom
you had formerly been on friendly terms. You entered on premises claimed
to be owned by him, though a sign warned you to beware of a dog. The dog
attacked and bit you? That's the case, isn't it?"
"Yes, Your Honor."
"Had you ever seen that dog before?"
"No, sir."
"Do you know where he got it?"
"My wife told me--"
"Never mind what your wife told you. Do you--"
"He don't know where the dog came from, judge!" suddenly called out Mrs.
Tunnygate in strident tones from where she was sitting. "But I know!"
she added venomously. "That woman of his got it from--"
Judge Witherspoon fixed her coldly with an impassive and judicial eye.
"Will you kindly be silent, madam? You will no doubt be given an
opportunity to testify as fully as you wish. That is all, sir, unless
Mr. Tutt has some more questions."
Tutt waved the witness from the stand contemptuously.
"Well, I'd like a chance to testify!" shrilled Mrs. Tunnygate, rising in
full panoply.
"This way, madam," said the clerk, motioning her round the back of the
jury box. And she swept ponderously into the offing like a full-rigged
bark and came to anchor in the witness chair, her chin rising and
falling upon her heaving bosom like the figurehead of a vessel upon a
heavy harbor swell.
Public-domain text, read in full here on John Shaqi.
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