examiner first directed his questions toward developing before the jury the fact that the witness had been the medical expert for the New York, New Haven, and Hartford R. R. thirty-five years, for the New York Central R. R. forty years, for the New York and Harlem River R. R. twenty years, and so on; until the doctor was forced to admit that he was so much in court as a witness in defense of these various railroads, and was SO OCcupied with their affairs that he had but comparatively little time to devote to his reading and practice.

you, and I half suspected you would ask me some such foolish question; so this morning after my breakfast, and before starting for court, I took down from my library my copy of Ericson's book, and found that he agreed entirely with my own diagnosis in this case." (Loud laughter at expense of counsel, in which the jury joined.)

Counsel (reaching under the counsel table and taking up his own copy of Ericson on the Spine, and walking deliberately up to the witness). "Won't you be good enough to point out to me where Ericson adopts your view of this case?"

Doctor (embarrassed). "Oh, I can't do it now; it is a very thick book."

Counsel (still holding out the book to the witness). -"But you forget, doctor, that thinking I might ask you some such foolish question, you examined your volume of Ericson this very morning after breakfast and before coming to court."

Doctor (becoming more embarrassed and still refusing to take the book). -"I have not time to do it now."

Counsel." Time! why there is all the time in the world." (Counsel and witness eye each other closely.)

Counsel (sitting down, still eyeing witness).—“I am sure the court will allow me to suspend my examination until you shall have had time to turn to the place you read this morning in that book, and can re-read it now aloud to the jury."

Doctor (no answer).

The court room was in deathly silence for fully three minutes. The witness wouldn't say anything, counsel for plaintiff didn't dare to say anything, and counsel for the city didn't want to say anything; he saw that he had caught the witness in a manifest falsehood, and that the doctor's whole testimony was discredited with the jury unless he could open to the paragraph referred to, which counsel well knew

two thirds of the way across. One in particular was vehement in his declarations that he knew it was two thirds across, as he had noticed it definitely at the time. The counsel for the plaintiff, Mr. W. B. Gilbert, on the cross-examination, took a sheet of paper, folded it once at the center, and said: "Now, that's half, isn't it?" "Yes, suh." Folding it over in halves again, he said, "Now, that's a third, isn't it?" "Yes, suh!" (promptly). Then

348. LADY IVY'S TRIAL. 555, 569.)

[This suit of ejectment involved the defendant Lady Ivy's title to a large estate containing numerous small parcels of land. She proved her title to some of them by a chain of old deeds discovered (as alleged) by one Knowles, a neighbor, while searching some musty deed boxes in his own garret. The particular parcel of land here under inquiry depended on the title of a prior grantee, one Stepkins, and the deed that would give Stepkins title would be from one Marcellus Hall as grantor to intervening parties. This old deed having been produced, Knowles was now called for the defendant to testify to the circumstances of his discovery of it. It should be remembered, in following Knowles's story, that by his own account he knew nothing, when searching, about Hall's connection with the title; he was searching only for some Stepkins deed.]

Att.-Gen. Mr. Knowles, do you know anything of that deed? When did you first see it? Mr. Williams. And where had you it? Knowles.

My lord, I had it in a garret, in a kind of a nook, about six foot long, and three foot and a half wide, in my own house, in the garret among other writings.

L. C. J. JEffreys. - How came you to have them? Knowles. As I was executor to Winterburn. Mr. Powis.-Pray, Mr. Knowles,

opening out the sheet, thus creased, into four divisions, the lawyer said, pointing to the first, "John, here's one third?" "Yes, suh." To the second, "Here's two thirds." "Yes, suh." To the third, "That's three thirds." "Yes, suh.' "John, we've got four thirds. What are we going to do?" "Dunno, suh; throw away the fourth one, I reckon. But I know, suh, that the two boats struck right there at the end of the second third!"

will you tell upon what occasion you looked there and found them? Serg. Pemberton. Ay, pray give an account of the whole. Knowles. My lord, upon the 2d of August, 1682, was the first time I ever saw my Lady Ivy to my knowledge; and she was informed by one Mr. Vicarer, that I had several writings of Winterburn's: I told her I had so, and my lady desired me to search among them, if there were any writings that concerned Stepkins's estate; I told her it would take up a month's time to look them all over, for there was a great quantity of them. She said, I would do her a great kindness, if I would look; I promised her I would and upon the 4th of September, I think, I found the deed. . . . . L. C. J. Read it; read the demise. But, Mr. Knowles, let me ask you a question or two: as I understood, you said my Lady Ivy desired you to look among Winterburn's writings, for deeds that concerned Stepkins's estate? Knowles. Yes, my lord.

Where was that? - That was at her house.

And when did you find this deed? I found the deed in September, before anybody came to look with me, or was in the place with me.

Was there anybody with you, when you found the deed? - No. Then you found it yourself? Yes.

L. C. J. Look you, then, we ask you how you came to know it was a deed belonging to Stepkins? — I read the backside, and put my hand to it.

L. C. J. How came you to put your hand to this deed as belonging to Stepkins, when you never looked into the deed [as you have already sworn]?-When I found this deed to have written upon it "Marcellus Hall," I did believe it was something that concerned the Stepkins.

L. C. J.-Let us see the deed now. You say that was the reason, upon your oath? Yes, it was.

L. C. J. Give Mr. Sutton [the defendant's attorney] his oath. Look upon the outside of that deed, and tell us whose handwriting that is. Sutton. All but the word "Lect." is my handwriting.

L. C. J.-Then how couldst thou [Knowles] know this to belong to the Stepkins by the words "Marcellus Hall" when you first discovered this deed in September, 1682, and you found it by yourself and put your hand to it, and yet that "Marcellus Hall" be written by Mr. Sutton, which must be after that time?

Sol.-Gen. (for defendant).-- Here are multitudes of deeds, and a man looks on the inside of some and the outside of others; is it possible for a man to speak positively as to all the particular deeds, without being. liable to mistake?

L. C. J. Mr. Solicitor, you say well. If he had said, "I looked upon the outside of some and the inside of others, and wherever I saw either on the outside or in the inside the name of Stepkins or Marcellus Hall, I laid them by and thought they might concern my Lady Ivy," that had been something. But when he comes to be asked about this particular deed, and he upon his oath shall declare that to be the reason why he thought it belonged to Stepkins [namely] because of the name of "Marcellus Hall" on the outside, and never read any part of the inside, when Sutton swears "Marcellus Hall" was [later] written by him, what would you have a man say? Sol.-Gen. My lord, I have but this to say; if there were never a deed delivered by Knowles to my Lady Ivy, or Sutton, where Marcellus Hall's name was written on the backside of it, but by Mr. Sutton; I confess it were a strong objection. But where there are other deeds, and a great many, a man may easily be mistaken. It is impossible for any man, in a multitude of deeds that he finds among a great parcel, and delivers many of them out, to take it upon his memory particularly, which he looked on the inside of and which he looked on the backside or outside of.

L. C. J. Did he not give it as a particular reason of his knowledge that they belonged to my Lady Ivy? . . . And you shall never argue me into a belief, that it is impossible for a man to give a true reason, if he have one, for his remembrance of a thing.

Sol.-Gen. I beg your pardon, my lord; as I apprehend him, he swore he looked into the inside of some, and the outside of others, and there were a great many of them.

L. C. J. And I beg your pardon, Mr. Solicitor, I know what he swore as well as anybody else: if indeed he had sworn cautiously, and with care, it might have been taken for a slip, or a mistake.

Att.-Gen.

My lord, we must

leave it upon its own weight. But we are not come to our title yet: I have the deed in my hand, which is a very old one, and therefore needs not such exact proof. He is mistaken, we do own it; and I must appeal to the court, whether a man may not be mistaken in a great multitude of deeds.

L. C. J. Well, now, after all this is done, let him give an account how he came to know this to belong to Stepkins, or my Lady Ivy, if he can. I speak it not to prejudice your cause, but only to have the truth come out. But for the witness that swears, it may affect him I assure you. Give him the deed, and let him look upon it. Look upon the inside, and look upon the outside too. — Knowles. I believe, my lord, upon better consideration, I have read this deed before now.

Sol-Gen.

Pray what deed did Knowles.

you take it to be at first?

The lease of 128 years.

L. C. J.-Prithee read it now to us. Knowles (reads). -"This indenture made the 22d day of December."

L. C. J. Between whom? Knowles (reads). — “Between Marcellus Hall of Radcliff, miller, of the one part, and John Carter, oar-maker, of the other part, witnesseth, that the said Marcellus Hall hath demised, granted, and to farm letten to the said John Carter, all that wharf lying in Radcliff, where late a mill stood, and called Radcliff Mill."

L. C. J. Can you say you ever read so much before? Knowles. I believe I did.

L. C.J.-When was it? Knowles. -In September, 1682.

L. C. J.-Then you read it before you showed it to my Lady Ivy? Knowles. Yes, my lord.

L. C. J. Did you find anything there of the name of Stepkins? Knowles. No, not in that I did not.

L. C. J. I would desire to know of you, who it was that came to my Lady Ivy, to inform her you had such and such writings? Knowles.

The first time that I saw her

was the 2d of August, as near as I can remember, and then I told her, I was executor to Winterburn, and had a great many writings. Said she, do you know the hand of Stepkins? if you do, and can find any writings that relate to Stepkins, you will do me a great kindness.

L. C. J. Did she name anybody else to you? Knowles. She named one Lun, and one Barker, and one Holder, and several others; I do not remember all.