The examination then proceeded as follows:--

_Q._ You are happy, then, in your matrimonial relations? _A._ Yes--(and

remembering the oath) reasonably so.

_Q._ Is your wife pretty? _A._ (Witness remembering at once his oath and

his wife's presence in court) She is pretty pretty.

_Q._ What are her defects? _A._ (Witness remembering only his wife's

presence.) I have never been able to discover them.

_Q._ Do you wear flannel? _A._ Yes, in winter.

_Q._ Can you testify, upon your oath, that you do not wear flannel in

summer? _A._ I can.

_Q._ Now be careful in your answer. What do you wear in the spring and

fall? _A._ I--I wear my common clothes.

_Q._ With flannel, or without flannel? _A._ Sometimes with, and

sometimes without.

_Q._ No evasion; you must tell the Court exactly when you wear flannel,

and when you do not.

A series of questions on this subject brought out the fact that I wore

flannel when the weather was cold, or cool; and did not wear it when it

was mild, or warm.

_Q._ Have you a lightning-rod on your house? _A._ I have.

_Q._ How much did it cost you to have it put up? _A._ It has not cost me

anything yet--I owe for it.

_Q._ Is that all you owe for? _A._ No, I have other debts.

_Q._ Have you any money with you now? _A._ I have.

_Q._ How much? _A._ (Counting contents of porte-monnaie.) Sixty-two

cents.

_Q._ Where did you get that? _A._ (With embarrassment.) I borrowed it.

_Q._ Were you present when defendant first offered his land for sale to

the plaintiff? _A._ (Brightening up.) I was.

_Q._ Do you burn gas or kerosene in your house? _A._ Gas.

_Q._ How many burners? _A._ Ten, I think.

_Q._ Are you willing to assert, upon your solemn oath, that there are

only ten? _A._ (Witness counting on his fingers.) I am.

_Q._ Do you wear studs or buttons on your shirt fronts? _A._ Studs.

_Q._ Gold, or pearl? _A._ Mother-of-pearl, as a general thing, but

sometimes I wear one gold one at the top.

_Q._ Were all your studs of mother-of-pearl, at the time when you first

heard this transaction mentioned between the parties? _A._ They were.

_Q._ Do you ever wear your gold stud in the middle of your bosom? _A._

No, sir, I always wear it at the top.

_Q._ Do you ever wear it at the bottom? Can you swear it was not at the

bottom on the day of the transaction referred to? _A._ I distinctly

remember that I did not wear it at all that day.

_Q._ Did you wear it that night? _A._ No, sir.

_Q._ Can you swear that after you went to bed you did not wear it? _A._

I can.

_Q._ Have you ever been vaccinated? _A._ I have.

_Q._ On which arm? _A._ The left.

_Q._ At the of the first mention of this land to the plaintiff, who were

present? _A._ (Witness speaking with hopeful vivacity, as if he hoped

they were now coming to the merits of the case.) The plaintiff, the

defendant, and myself.

_Q._ Do you use the Old Dominion coffee-pot in your house? _A._

(Dejectedly.) No, sir.

_Q._ What kind of a coffee pot do you use? _A._ A common tin one.

_Q._ You are willing to swear it is tin? _A._ I am.

_Q._ Has your wife any sisters? _A._ She has two; ANNA and JANE.

_Q._ Are they married _A._ They are.

_Q._ Are either of them prettier than your wife? _A._ (Quickly.) No,

sir.

_Q._ Have you any children? _A._ Two.

_Q._ Have they had the measles? _A._ They have.

_Q._ Has any other person in your household had the measles? _A._ I have

had them, and my wife has had them.

_Q._ How do you know your wife has had them? _A._ She told me so.

_Q._ Then you did not see her have them? _A._ No, sir.

_Q._ We want no hearsay evidence here; how can you swear that she has

had them when you did not see her have them? _A._ She told me so, and I

believed her.

_Q._ Did she take an oath that she had had them? _A._ No sir.

_Q._ Then, sir, you are trifling with the Court. Do you understand the

obligations of an oath? _A._ I do.

_Q._ Beware, then, that you are not committed for perjury. Is your

gas-metre ever frozen? _A._ Yes, sir.

_Q._ What do you use when the gas will not burn? _A._ Candles.

_Q._ How many to the pound? _A._ Nine.

_Q._ How do you know there are nine to the pound? _A._ They are sold as

nines.

_Q._ Then you never weighed them yourself? _A._ No, sir.

_Counsel_, to the _Court_. May it please your Honor, this is the second

time that this witness has positively testified, under solemn oath, to

important points of which he has no certain knowledge. I ask the Court

for protection for myself and my client.

Here a long discussion took place between the lawyers and the Judge, and

at the end of it the case was postponed for four months. I suppose it is

expected that I will then re-ascend the witness-stand; but I have

determined that when I enter a court-room again I shall appear as a

criminal. These fellows have much the easiest times, and they run so

little risk, nowadays, that their position is far preferable to that of

the unfortunate witnesses.

Punchinello, Volume 2, No. 37, December 10, 1870 · 第 20 / 39 题