The State: "Were you living in this apartment on the 18th of
December, 1919?"
Yollop: "I was."
The State: "Was that apartment entered by a burglar on the date
mentioned?"
Yollop: "It was."
The State, casually: "Will you be so good as to glance around the
court room and state whether you see and recognize the man who
entered and robbed your apartment?"
Yollop, pointing: "Yes. That is the man."
The State: "You are sure about that?"
Yollop: "I beg pardon?"
The State, patiently: "Repeat the question, Mr. Stenographer."
Stenographer, patiently: "'You are sure about that?'"
Yollop: "Certainly."
The State: "Now, Mr. Yollop, I'm going to ask you to tell the jury,
in your own words, exactly what occurred in your apartment on the
morning of December 18th. Speak slowly and distinctly, and face the
jury."
Mr. Yollop, assisted to some extent by the gentleman conducting the
examination, related the story of the crime, dwelling with special
earnestness upon the dastardly, brutal manner in which Smilk forced
him, at the point of a revolver to bind and gag and otherwise
maltreat the woman who had befriended him and whose jewels he was
preparing to make off with when the police arrived. He carefully
avoided any allusion to certain portions of the lengthy and
illuminating dialogue that had taken place between him and Smilk; he
said nothing of the unexampled behavior of the intruder in
telephoning for the police, or the kindness revealed by him in
suggesting a means for getting his captor's feet warm.
Smilk's lawyer, at the very outset of the cross-examination,
clarified the air as to the nature of the defense he was going to
put up for his client. After a few preliminary questions, he
demanded sharply:
"Now, Mr. Yollop, didn't this defendant state to you that he had
been unable to get work and that his wife and family were in such
desperate straits that he was forced to commit a crime against the
State in order to preserve them from actual starvation?"
Yollop: "He did not."
Counsel: "You are quite positive about that, are you?"
Yollop: "Yes."
Counsel: "Did he, at the time appear to be a robust,
well-conditioned man,--that is to say, a man who looked strong
enough to work and who had had sufficient nourishment to keep his
body and soul together?"
Yollop: "He certainly did."
Counsel: "A big, rugged, healthy, desperate fellow, you would say?"
Yollop: "Yes."
Counsel: "Armed with a loaded revolver?"
Yollop: "Yes."
Counsel: "You would say that he was big enough and strong enough to
pull a trigger, wouldn't you?"
Yollop: "I can't answer that question. I don't know how much
strength it requires to pull a trigger."
Counsel: "Ahem! At any rate, he looked as though he was strong
enough to pull a trigger?"
Yollop: "I dare say he could have pulled it."
Counsel: "And yet you would have the jury believe that this big,
strong, well-nourished man, permitted you--By the by, how much do
you weigh, Mr. Yollop!"
Public-domain text, read in full here on John Shaqi.
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