The State rested. Mrs. Smilk was the first witness called by the
defense. She told a harrowing tale of Smilk's unparalleled efforts
to obtain work; of his heart-breaking disappointments; of her own
loyal and cheerful struggle to provide for the children,--and for
her poor sick husband,--by slaving herself almost to death at all
sorts of jobs. Furthermore, she was positive that poor Cassius had
reformed, that he was determined to lead an honest, upright life;
all he needed was encouragement and the opportunity to show his
worth. True, he had been in State's Prison twice, but in both
instances it was the result of strong drink. Now that prohibition
had come and he could no longer be subjected to the evils and
temptations of that accursed thing generically known as rum, he was
sure to be a model citizen and husband. In fact, she declared, a
friend of the family,--a man very high up in city politics,--had
promised to secure for Cassius an appointment as an enforcement
officer in the great war that was being waged against prohibition.
This seemed to make such a hit with the jury that Smilk's lawyer
shrewdly decided not to press her to alter the preposition.
The cross-examination was brief.
The State: "How many children have you, Mrs. Smilk?"
Mrs. Smilk: "Seven."
The State: "The defendant is the father of all of them?"
Mrs. Smilk, with dignity: "Are you tryin' to insinuate that he
ain't?"
The State: "Not at all. Answer the question, please."
Mrs. Smilk: "Yes, he is."
The State: "When did you say you were married to the defendant?"
Mrs. Smilk: "October, 1906. I got my certificate here with me, if
you want to see it."
The State: "I would like to see it."
Counsel for Smilk, benignly: "The defense has no objection."
The State, after examining the document: "It is quite regular. With
the court's permission, I will submit the document to the jury."
The Court, to Smilk's counsel: "Do you desire to offer this document
in evidence?"
Counsel: "It had not occurred to us that it was necessary, but now
that a point is being made of it, I will ask that it be introduced
as evidence."
The State, passing the certificate to the court reporter for his
identification mark: "You have never been divorced from the
defendant, have you, Mrs. Smilk?"
Mrs. Smilk: "Of course not." Then nervously: "Excuse me, but do I
get my marriage certificate back? It's the only hold I got on--"
Counsel, hastily: "Certainly, certainly, Mrs. Smilk. You need have
no worry. It will be returned to you in due time."
The State, after reading the certificate aloud, hands it to the
foreman, and says: "The State admits the validity of this
certificate. There can be no question about it." Leans against the
table and patiently waits until the document has made the rounds.
"Now, Mrs. Similk, you are sure that you have not been divorced from
Smilk nor he from you?"
Mrs. Smilk, stoutly; "Course I'm sure."
Public-domain text, read in full here on John Shaqi.
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