Counsel: "Wouldn't you, as an intelligent man, assume that a pound
of chocolates might have the effect of restoring to a half-starved
man a portion of his waning strength,--at least a sufficient amount
to encourage him to put up some kind of a fight against you?"
The State: "We object. The question calls for a conclusion on the
part of the witness, who does not even pretend to be an expert or an
authority on pathological--"
Counsel: "But he DOES pretend to be an intelligent man, doesn't he?
I submit, your honor, that the question is proper and I--"
The Court: "Objection sustained. The witness may state that the
defendant ate a box of chocolate creams. He cannot give an opinion
as to the effect the chocolates may or may not have had on him."
Counsel: "Exception."
Mr. Yollop was on the stand for half an hour longer. Counsel for the
defense was driving home to the jury the impression that Smilk was a
poor, half-starved wretch who had gone back to thieving after a
valiant but hopeless attempt to find work in order to support his
wife and children. He announced, in arguing an objection made by the
State, that it was his intention to prove by the man's wife that
Smilk was a good husband and was willing to work his fingers off for
his family, but that he had been ill and unable to find steady
employment.
Mrs. Champney testified at the afternoon session. She made a most
unfavorable impression on the jury. She got very angry at Smilk's
counsel and said such spiteful things to him and about his client
that the jury began to feel sorry for both of them.
Two detectives and three policemen in uniform testified that Smilk
was the picture of health and a desperate-looking character. Now
anybody who has ever served on a jury in a criminal case knows the
effect that the testimony of a police officer has on three
fourths--and frequently four fourths,--of the jurors. For some
unexplained,--though perhaps obvious reason,--the ordinary juror not
only hates a policeman but refuses to believe him on oath unless he
is supported by evidence of the most unassailable nature. The mere
fact that the five officers swore that Smilk was healthy and rugged
no doubt went a long way toward convincing the jury that the poor
fellow was a physical wreck and absolutely unable to defend himself
on the night of the alleged burglary.
Moreover, a skilled mind-reader would have discovered that Mr.
Yollop had not made a good impression on the jury. Almost to a man,
they discredited him because he was fastidious in appearance;
because he was known to be a successful and prosperous business man;
because he was trying to make them believe that he possessed the
unheard-of courage to tackle an armed burglar; and because he was a
milliner. As for Mrs. Champney, she was the embodiment of all that
the average citizen resents: a combination of wealth, refinement,
intelligence, arrogance and widowhood. Especially does he resent
opulent widowhood.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account