she did not know, therefore, of her
own experience what was spoken. No matter what her husband told her he
said, or anybody else said, she could not repeat the words there under
oath. It would be hearsay evidence, and such evidence was not admissible
in any court of law. No matter how important such testimony might appear
to one seeking the truth, the rules of evidence in civilized courts
barred it. Mrs. Greening's lips must remain sealed on what Sol said Joe
said, or anybody said to someone else.
So the jury was called back, and Mrs. Greening was excused, and Hammer
wiped off the sweat and pushed back his cuffs. And the people who had
come in from their farmsteads to hear this trial by jury--all innocent
of the traditions and precedents of practice of the law--marveled how it
could be. Why, nine people out of nine, all over the township where Sol
Greening lived, would take his wife's word for anything where she and
Sol had different versions of a story.
It looked to them like Sol had told the truth in the first place to his
wife, and lied on the witness-stand. And here she was, all ready to show
the windy old rascal up, and they wouldn't let her. Well, it beat all
two o'clock!
Of course, being simple people who had never been at a university in
their lives, they did not know that Form and Precedent are the two
pillars of Strength and Beauty, the Jachin and Boaz at the entrance of
the temple of the law. Or that the proper genuflections before them are
of more importance than the mere bringing out of a bit of truth which
might save an accused man's life.
And so it stood before the jury that Sol Greening had knocked on the
door of Isom Chase's kitchen that night and had not been bidden to
enter, when everybody in the room, save the jury of twelve intelligent
men--who had been taken out to keep their innocence untainted and their
judgment unbiased by a gleam of the truth--knew that he had sat up there
and lied.
Hammer cooled himself off after a few minutes of mopping, and called
Ollie Chase to the witness-chair. Ollie seemed nervous and full of dread
as she stood for a moment stowing her cloak and handbag in her mother's
lap. She turned back for her handkerchief when she had almost reached
the little gate in the railing through which she must pass to the
witness-chair. Hammer held it open for her and gave her the comfort of
his hand under her elbow as she went forward to take her place.
A stir and a whisperin
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