What lawyer has not, at some time, in the trial of a case asked
just _one question_ too many? I know of nothing better along that
line of inquiry than the following related by Governor Knott.
He was attending the Circuit Court in one of the Green River counties
in Kentucky, when the case of the "Commonwealth _versus_ William
Jenkins" was called for trial. The aforesaid William was under
indictment for having bitten off the ear of the prosecuting witness.
Fairly strong but by no means conclusive testimony against the
defendant had been given when the State "rested."
A lawyer of the old school, who still carried his green bag into
Court, and who never wearied of telling of his conflicts at the
bar with Grundy, Holt, and Ben Hardin, in their palmiest days, was
retained for the defence. His chief witness was Squire Barnhouse,
who lived over on the "Rolling Fork." He was the magistrate for
his precinct, deacon in the church, and the recognized oracle
for the neighborhood. Upon direct examination, in the case _at
bar,_ he testified that "he knowed the defendant William Jenkins; had
knowed him thirty year or more; knowed his father and mother afore
him." Inquired of then as to the general reputation of the defendant,
as to his being "a peaceable and law-abiding citizen," he was found
to be all that could be reasonably desired.
Squire Barnhouse was then asked whether he was present at the Caney
Fork muster, where it was alleged that the defendant had bitten
off the ear of the prosecuting witness. It turned out that he was
present. Further questioned as to whether he had paid particular
attention to the fight, he replied that he did; that he "had never
seed Billy in a fout before, and he had a kind of family pride in
seein' how _he would handle himself."_ Further questioned as to
whether he saw the defendant bite off the ear of the prosecuting
witness he replied, "No, sir, nothin' uv the kind, nothin' uv the kind."
This was followed by the inquiry as to whether his opportunities were
such that he would most probably have seen it, if it had occurred.
"In course I would, in course I would," was the emphatic reply.
The witness was here turned over to the Commonwealth's attorney,
who declined to cross-examine, and Squire Barnhouse was in the act
of leaving the stand when in an evil hour it occurred to defendant's
counsel to ask one question more.
"By the way, Squire, _just one more question,_ just where you stand;
now I understood you to say"--repeating the answers already given;
"now just this question, did you see anything occur while the fight
was going on, or after it was over, that would lead you to believe
that this defendant had bitten off the ear of the prosecuting
witness?"
The Squire, half down the witness stand, answered, "No, sir, nothing
uv the kind," then, slowly and thoughtfully, "nothing uv the kind."
A moment's pause. "Well, since you mention it, I do remember that
just as Billy rizened up offen him the last time, I seed him spit out
a piece of ear, _but whose ear it was,_ I don't pertend to know."